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MIGRANT CHILDRENS PROJECT FACTSHEET SEPTEMBER 20131

Please note: the information in this factsheet applies

only to those studying in England. For guidance on

eligibility for home fees and student finance in Wales,

Scotland and Northern Ireland, see UKCISAs

Information Sheets available at

http://www.ukcisa.org.uk/International-Students/Fees--

finance/Home-or-Overseas-fees/

What are home fees and what is studentsupport?Publicly funded educational institutions may charge

two levels of fee: home fees and overseas fees. Full-

time home students may be charged up to 9,000 a

year for tuition fees[1]- fees for overseas students willbe much higher than this (they can range from 3,500

to about 18,000 per year depending on the

institution, the level of course and the type of course).

Private sector institutions often have only one level of

tuition fee, which all students must pay.

Student support is the name given to financial support

provided by the Government to some students in the

UK. If an individual meets the eligibility criteria for

claiming statutory student support they can apply for a

Tuition Fees Loan to cover tuition fees, and for a

Maintenance Loan to cover living costs. [2]Dependingon income, a non-repayable Maintenance Grant is also

available. Student finance is not a public fund as

defined in paragraph 6 of the Immigration Rules. [3]Who is eligible for home fees and/or studentfinance?Asylum seekers and those with discretionary/limitedleave to remainAsylum seekers and those who have been granted

discretionary/limited leave to remain are entitled to

apply to study at a higher education institution.

However, they will not be entitled to pay home fees,

even if they have been resident in the UK for three

years. Neither will they be eligible for student support.

[4]It is worth noting, though, that universities can, and

sometimes do, use their discretion to allow asylum

seekers to study as home students.

Those with refugee statusA person granted refugee status (and his/her spouse

and child) is entitled to home fees and student supportif 'on the first day of the first academic year of the

course':

s/he is ordinarily resident in the UK; and

s/he has not ceased to be ordinarily resident since

being recognised as a refugee.

NB. Since the 30 August 2005, refugees are only

granted five years limited leave in the first instance

(instead of indefinite leave to remain), this does not,

however, affect their right to apply for student supportaccording to the law

Those with humanitarian protection HP)A person (or their child) who has been refused refugee

status but was granted humanitarian protection is

entitled to home fees if s/he has leave and is ordinarily

resident in the UK on the first day of the first academic

year.

S/he is also eligible for student support if: s/he is ordinarily resident in the UK on the first day

of the first academic year of the course; and

s/he has been ordinarily resident in the UK and the

Islands (Channel Islands and the Isle of Man) since

being granted HP, and for the three years preceding

the first day of the first academic year of the course;

and

his/her residence in the UK during that period was

not wholly or mainly for the purpose of receiving full-

time education.

Access to higher education for young refugees andmigrants

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MIGRANT CHILDRENS PROJECT FACTSHEET SEPTEMBER 20132

EU nationalsAn EU national is eligible for home fees and student

support if:

s/he is ordinarily resident in the UK on the first day

of the first academic year of the course; and

s/he has been ordinarily resident in the UK and the

Islands (Channel Islands and the Isle of Man) for the

three years preceding the first day of the first

academic year of the course; and

his/her residence in the UK during that period was

not wholly or mainly for the purpose of receiving full-

time education.

Those with Indefinite Leave to Remain ILR)A person (or their child) with indefinite leave to remain

is entitled to home fees and student finance if:

s/he settled in the UK within the meaning of the

Immigration Act 1971 (i.e. is ordinarily resident in

the UK without being subject to any restrictions on

the period for which s/he may remain in the UK); and

s/he has been ordinarily resident in the UK and the

Islands (Channel Islands and the Isle of Man) for the

three years preceding the first day of the firstacademic year of the course.

This includes those granted ILR without refugee status

through the Case Resolution Programme (known as

legacy cases). However, a person who has been

refused asylum is not considered as being ordinarily

resident between the date of refusal and the later grant

of ILR according to the higher education funding

regulations. If the person has made a fresh claim for

asylum (previously known as further submissions) then

they should be considered as being ordinarily residentfrom the date the fresh claim was submitted.

Becoming eligible for home fees/ studentsupport during studyTuition fee eligibilityWhen a person is granted refugee status, humanitarian

protection or indefinite leave to remain during a course

of study and, as a result, is recognised as a home

student for fee purposes, they only become eligible for

home fees in the following academic year. For example,

if a person is paying overseas student fees and is

granted indefinite leave to remain half way through the

first year of a three-year degree, they would qualify as a

home student in years two and three only.

Student support eligibilityIf a person is granted refugee status, humanitarian

protection or indefinite leave to remain within three

months of the start of the current academic year, they

are eligible for student support. If the change occurs

after three months, they become eligible in the

following academic year(s). A person granted

humanitarian protection or indefinite leave to remain

will still need to satisfy the three year ordinarilyresidence rule. [5]Notes[1]BBC News, Q&A: Tuition fees, athttp://www.bbc.co.uk/news/education-11483638

[2] If applying in England, see Schedule 1, part 2, of theEducation (Student Support) Regulations 2011 and Schedule

1 of the Education (Fees and Awards) Regulations 2007 for

an outline of the categories of eligible individuals

[3]See paragraph 6 of the Immigration Rules,atwww.ukba.homeoffice.gov.uk

[4]See Education (Fees and Awards) Regulations 2007,Schedule 1, para 4, as amended by the Education (Student

Fees, Awards and Support) (Amendment) Regulations 2011,

reg 7(a)(ii)

[5]Education (Student Support) Regulations 2011, Section16