Guidance

Eligibility rules for home fee status and student finance from the 2022 to 2023 academic year onwards

Updated 15 January 2024

Applies to England

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This publication is available at https://www.gov.uk/government/publications/student-finance-eligibility-2021-to-2022-academic-year/eligibility-rules-for-home-fee-status-and-student-finance-from-the-2022-to-2023-academic-year-onwards

Disclaimer

This document is designed to assist with the interpretation of The Education (Student Support) Regulations 2011 (as amended) (the Regulations). It does not cover every aspect of student support, nor does it constitute legal advice or a definitive statement of the law, which were set out in the amended regulations early in 2021 and subsequently amended further later that year. Whilst every endeavour has been made to ensure the information contained is correct at the time of publication, no liability is accepted with regard to the contents and the Regulations will remain the legal basis of the student support arrangements from the academic year 2022 to 2023. In the event of any inconsistency between this guidance and the Regulations, the Regulations prevail.

Please note this information is for Student Finance England students only.

The Withdrawal Agreement provides that current EU principles of equal treatment will continue to apply for those covered by the citizens’ rights provisions in the Withdrawal Agreement. This means that EU nationals lawfully resident in the UK before the end of the transition period on 31 December 2020 are eligible in England for support on a similar basis as before, subject to meeting the usual residency requirements. Similar agreements have been signed with the EEA-EFTA states and Switzerland.

EU, other EEA and Swiss nationals and their family members not covered by the Withdrawal Agreements (the EU Withdrawal Agreement, EEA-EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement or the Common Travel Area arrangement with Ireland) are not eligible for home fee status and student financial support from Student Finance England if starting courses after 1 August 2021.

EU, other EEA and Swiss nationals, and their family members, who are covered by the citizens’ rights provisions, and who have been granted settled or pre-settled status under the EU Settlement Scheme, are eligible for support on broadly the same basis as before, subject to meeting the usual residency requirements.

Academic year 2020 to 2021

These changes do not affect students who started courses on or before 31 July 2021. If they were already eligible under the previous system, they will remain eligible under the current system for the duration of their course.

Academic year 2021 to 2022 and after

From 1 August 2021, EU, other EEA and Swiss nationals and their family members who are not covered by the Withdrawal Agreements are no longer eligible for home fee status, undergraduate and postgraduate financial support and advanced learner loans from Student Finance England for courses starting in academic year 2021 to 2022 or after. Children of Turkish workers arriving in the UK after 31 December 2020 are similarly not eligible for home fee status and student financial support for courses starting on or after 1 August 2021.

This change also applies to further education funding for those aged 19 and over, and funding for apprenticeships.

These eligibility changes do not apply to Irish citizens living in the UK or Ireland whose right to study and to access benefits and services is preserved on a reciprocal basis for British and Irish citizens under the Common Travel Area arrangement.

Regulatory amendments give effect to these changes.

EU, other EEA and Swiss nationals, and their family members who are covered by the Withdrawal Agreements continue to have access to home fee status and student financial support on broadly the same basis as previously. Generally this covers those who were living in the UK by 31 December 2020 having exercised a right to reside under EU law, the EEA Agreement or the Free Movement of Persons Agreement, and have continued to live in the UK after 31 December 2020.

Such persons have generally applied for pre-settled or settled status under the EU Settlement Scheme (EUSS) before 30 June 2021, apart from Irish citizens, who are not required to apply as their rights are protected as a result of Common Travel Area arrangements.

Settled status

Those who have been granted settled status under the EUSS are generally eligible for home fee status, tuition fee and maintenance support if they have been ordinarily resident in the UK and Islands Crown Dependencies (the ‘Islands’) for at least 3 years. Irish citizens are automatically treated as settled in the UK and do not need to have applied to the EUSS to benefit from these rights.

Pre-settled status

In practice, the Student Loans Company (SLC) will accept evidence of pre-settled status under the EU Settlement Scheme or of temporary protection under the Withdrawal Agreements in the form of a certificate of application, together with ID documentation, for the purposes of awarding student support to EU, other EEA and Swiss nationals and their family members.

We anticipate that providers will take the same approach when awarding home fee status where the student has 3 years’ residence in:

  • the UK
  • Gibraltar
  • EEA
  • Switzerland
  • British overseas territories
  • EU overseas territories

EU nationals, and their family members, will generally be awarded tuition fee support by the SLC where the student has pre-settled status and has 3 years’ residence in the UK, Gibraltar, EEA, Switzerland and (from academic year 2022 to 2023), the overseas’ territories (unless that residence was wholly or mainly for the purpose of education).

The SLC will award tuition fee and maintenance support to EEA and Swiss workers and their family members, where the student has pre-settled status and 3 years’ residency in the UK, Gibraltar, EEA and Switzerland. They will also ask for financial evidence to confirm applicants are working, have worked or are looking for work, for example, P60 or a letter from an employer.

The SLC will award tuition fee and maintenance support to the child of a former EEA or Swiss migrant worker where the student has pre-settled status and 3 years’ residency in the UK, Gibraltar, EEA and Switzerland.

In line with government policy, family members of people of Northern Ireland where the family member has pre-settled status will be eligible for home fee status and tuition fee support on the same basis as family members of EU nationals covered by the Withdrawal Agreement.

Irish citizens covered by the Withdrawal Agreement do not need to have applied to the EU Settlement Scheme to benefit from citizens’ rights. See also The Common Travel Area arrangement with Ireland.

UK nationals living in the EEA, Switzerland and EU overseas territories

UK nationals and their family members living in the EEA or Switzerland on 31 December 2020 are generally eligible for home fee status, tuition fee and maintenance support from Student Finance England for courses starting on or after 1 August 2021 and before 1 January 2028, if they meet all the following conditions:

  • they were living in the EEA or Switzerland on 31 December 2020 (or have moved back to the UK immediately after living in the EEA or Switzerland)  
  • they have lived in the EEA, Switzerland, the UK or Gibraltar for at least the last 3 years
  • they have lived continuously in the EEA, Switzerland, the UK or Gibraltar between 31 December 2020 and the start of the course

UK nationals and their family members living in the EU overseas territories on 31 December 2020 will continue to be eligible for home fee status in England for courses starting before 1 January 2028.

Family members of settled persons living in the UK

Family members of settled persons resident in the UK qualify for home fee status and tuition fee support from Student Finance England on the basis of 3 years’ ordinary residence in the UK and the Islands. They must also be undertaking a designated course (one which attracts student support for an eligible student) in England.

Children of Swiss nationals

The children of Swiss nationals covered by the Swiss Citizens’ Rights Agreement are generally eligible for home fee status, tuition fee and maintenance support after 3 years’ residency in the UK, Gibraltar, EEA and Switzerland (unless that residence was wholly or mainly for the purpose of education).

Children of Turkish workers

Children of Turkish workers are not covered by the Withdrawal Agreements, but if they and their parent were living in the UK by the 31 December 2020 and the parent’s period of leave to remain continues to be valid, they will be eligible for home fee status and student support after 3 years’ residency in the UK, Gibraltar, EEA, Switzerland and Turkey.

The Common Travel Area arrangement with Ireland

Irish citizens resident in the UK, Islands or Ireland for 3 years before the start of their course and undertaking a course in England are eligible for home fee status, tuition fee loans and Advanced Learner Loans from Student Finance England on the same basis as UK nationals. Those coming from Ireland may arrive in the UK on or before the day on which the first term of the first academic year actually begins.

Additionally, Irish citizens are eligible for maintenance support in England if they have lived in the UK and Islands for 3 years before the start of the course.

Irish citizens living in the EEA and Switzerland

Irish citizens living in the EEA or Switzerland on 31 December 2020 are generally eligible for home fee status and tuition fee loans from Student Finance England for courses starting before 1 January 2028 if they meet all the following conditions:

  • they were living in the EEA or Switzerland on 31 December 2020 (or have moved to the UK before this date immediately after living in the EEA or Switzerland)   
  • they have lived in the EEA, Switzerland, the UK or Gibraltar for at least the last 3 years   
  • they have lived continuously in the EEA, Switzerland, the UK or Gibraltar between 31 December 2020 and the start of the course

Irish citizens living in the EU overseas territories on 31 December 2020 continue to be eligible for home fee status in England for courses starting before 1 January 2028.

Settled persons resident in the British overseas territories

Students will be eligible for tuition fee loans and home fee status in England for courses starting in academic year 2022 to 2023 if they:

  • have settled status when in the UK
  • come to the UK from specified British overseas territories
  • are starting full-time and part-time undergraduate courses in the academic year 2022 to 2023

To qualify they will need to satisfy the 3-year ordinary residence requirement in the UK, Islands or specified British overseas territories.

UK nationals and their family members resident in Gibraltar, and EU nationals and their family members who have a right to reside there arising from the Withdrawal Agreement, may continue to count residence in the European Economic Area (EEA) or Switzerland to qualify for student support for courses starting on or before 31 December 2027.

Students with citizens’ rights in the UK under the EU Withdrawal Agreement, EEA EFTA Separation Agreement or Swiss Citizens’ Rights Agreement will be able to count periods of residence in EU and British overseas territories as part of the normal 3-year qualifying period for eligibility for tuition fee loans.

UK nationals and their family members in the British overseas territories already benefited from access to home fee status if they met the residency requirement of 3 years in the UK, Islands and specified British overseas territories immediately before the start of the course. Family members of all persons settled when in the UK will now have access to home fee status.

Students living in the Crown Dependencies

From the 2021 to 2022 academic year, new and continuing students living in the Islands who come to England solely for the purposes of higher or further education study are eligible for home fee status, on the basis of 3 years’ residency in the UK or the Islands. Prior to this, only students from the Crown Dependencies who moved to the UK for purposes other than undertaking a course were considered to be ordinarily resident in England on the first day of their course, and were eligible for home fee status.

New eligibility categories for academic year 2022 to 2023

From 1 August 2022, those in the following categories qualify for student support and home fee status in relation to higher education courses:

Applicants under these categories also qualify for Advanced Learner Loans for further education courses. Students in these additional categories do not need to demonstrate 3 years ordinary residence in the UK and Islands before the start of a course but need to show they have been ordinarily resident in the UK and Islands since the grant of such leave or since they were evacuated from or otherwise left Afghanistan (in the case of British nationals).

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