The Education (Fees and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2024

Amendment of the Education (Fees) (Scotland) Regulations 2022

2.—(1) The Education (Fees) (Scotland) Regulations 2022(1) are amended as follows.

(2) In regulation 2 (interpretation) in paragraph (1), after the definition of “fees” insert—

““higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992(2),”.

(3) For paragraph 7 of schedule 1 (refugees) substitute—

“Refugees

7.   A student is an excepted student if that student—

(a) is a refugee who—

(i) has been ordinarily resident in the United Kingdom since that person was first recognised as a refugee, and

(ii) is resident in Scotland on the relevant date, or

(b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.”.

(4) In paragraph 8(a) of schedule 1 (persons granted leave following on from refugee claim) in head (iii) omit “ordinarily”.

(5) In paragraph 9(a) of schedule 1 (Iraqi nationals) in head (ii) omit “at all times”.

(6) In paragraph 10(a) of schedule 1 (Syrian nationals) in head (ii) omit “at all times”.

(7) In paragraph 11(a) of schedule 1 (Afghan nationals) in head (ii) omit “at all times”.

(8) In paragraph 12(a) of schedule 1 (relocated Afghan citizens) in head (ii) omit “at all times”.

(9) After paragraph 12A of schedule 1 (evacuated or Assisted British nationals from Afghanistan) insert—

“Female Afghan students

12B.   A student is an excepted student if that student is a female Afghan national who—

(a) was attending a course of study at a university or an equivalent institution in Afghanistan but has been prevented from continuing that course by the Taliban regime since 31 August 2021,

(b) was residing in Afghanistan immediately before 30 January 2024,

(c) has been granted leave to enter or remain in the United Kingdom under a student visa,

(d) is resident in Scotland, and

(e) is undertaking a course of higher education in Scotland.”.

(10) For paragraph 13 of schedule 1 (Ukrainian nationals) substitute—

“Ukrainian nationals

13.— (1) A student is an excepted student if that student—

(a) has—

(i) made a relevant application where that application is still being considered, or

(ii) been granted leave to enter or remain in the United Kingdom following a relevant application, and

(b) has been ordinarily resident in the United Kingdom since their arrival in the United Kingdom after leaving Ukraine, and

(c) is ordinarily resident in Scotland on the relevant date.

(2) In this paragraph, a ‘relevant application’ is an application to—

(a) the Ukraine Family Scheme(3),

(b) the Homes for Ukraine Sponsorship Scheme(4),

(c) the Ukraine Extension Scheme(5),

(d) the Ukraine Permission Extension Scheme(6), or

(e) the Home Office for leave outside the immigration rules(7), as defined in section 33(1) of the Immigration Act 1971, where that person—

(i) was residing in Ukraine immediately before 1 January 2022, and

(ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022,

by an individual who is eligible to apply to that scheme.”

(11) In paragraph 14(a) of schedule 1 (persons granted stateless leave) in head (ii) omit “at all times”.

(12) In paragraph 15(1) of schedule 1 (persons granted discretionary leave to remain as a victim of modern slavery) in head (b) omit “at all times”.

(13) In paragraph 16 of schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse)—

(a) in each place it occurs, including the heading, for “leave to remain” substitute “leave to enter or remain”,

(b) in sub-paragraph (a) for heads (i) to (iii) substitute—

“(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse(8), or

(ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victim of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),”.

(14) After paragraph 16 of schedule 1 (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse) insert—

“Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse

16A.— (1) A student is an excepted student if that student—

(a) has been granted indefinite leave to enter or remain in the United Kingdom,

(b) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse,

(c) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse,

(d) was under 18 years old on the leave application date,

(e) has been ordinarily resident in the United Kingdom since the person was granted such leave, and

(f) is ordinarily resident in Scotland on the relevant date.

(2) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.”.

(15) In paragraph 1 of schedule 2 (students with a relevant connection with Scotland: ordinary residence on relevant date)—

(a) In sub-paragraph (1), after “(relevant connection with Scotland)” insert “and schedule 1”,

(b) In sub-paragraph (2), after “regulation 3(a)” insert “and schedule 1”.

(c) The heading becomes “Students with a relevant connection with Scotland and excepted students: ordinary residence on relevant date”.

(16) For paragraph 2 of schedule 2 (ordinary residence for specified period: general), substitute—

“Ordinary residence for specified period: general

2.   Paragraphs 3 to 5 apply in determining, for the purposes of regulation 3(b) (relevant connection with Scotland) and schedule 1 (fees – excepted students), whether a student is to be treated as having been or not having been ordinarily resident for the period specified in that regulation and that schedule (in this schedule, “specified period”) in the United Kingdom, Ireland, Gibraltar, the European Economic Area, Switzerland or Turkey (in this schedule, “relevant area”).”.

(1)

S.S.I. 2022/156, as amended by S.S.I. 2022/362 and S.S.I. 2023/142.

(2)

1992 c. 37. Section 38 was amended by the Education (Scotland) Act 1996 (c. 43), schedule 5, paragraph 9.

(3)

A scheme operated by the Home Office enabling a Ukrainian national, or the immediate family member of a Ukrainian national resident in Ukraine prior to 1 January 2022, to join family members or to extend their stay in the United Kingdom. The current Home Office guidance in relation to the Ukraine Family Scheme is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?msclkid=d2811a9ac7a511ec885bf3a88e71ccc.

(4)

A scheme operated by the Home Office enabling the sponsorship of Ukrainian nationals, or the immediate family member of a Ukrainian national resident in Ukraine prior to 1 January 2022 to come to the United Kingdom. The current Home Office guidance in relation to the Ukraine Sponsorship Scheme (Homes for Ukraine Scheme) is available here: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?msclkid=ecaf79fac7a511ecbf7adee0a78bac5b.

(5)

A scheme operated by the Home Office enabling a Ukrainian national who is in the United Kingdom and had permission to stay in the United Kingdom on or before 18 March 2022 to stay in the United Kingdom. The scheme enables the partner or children of the Ukrainian national to apply to stay in the United Kingdom provided they are already in the United Kingdom as the Ukrainian national’s ‘dependants’. The current Home Office guidance in relation to the Ukraine Extension Scheme is available here: https://www.gov.uk/guidance/support-for-family-members-of-british-nationals-in-ukraine-and-ukrainian-nationals-in-ukraine-and-the-uk?msclkid=08bb96fec7a611ecb081f266e6480fd0.

(6)

A scheme scheduled to open during the 2024/25 academic year and operated by the Home Office enabling individuals who have come to the United Kingdom through one of the Ukraine schemes listed above to apply for an additional 18 months permission to remain in the United Kingdom. The current Home Office guidance in relation to the Ukraine Permission Extension Scheme is available here: https://www.gov.uk/government/publications/ukraine-permission-extension-scheme-information/ukraine-permission-extension-scheme-information.

(7)

The immigration rules can be viewed at https://www.gov.uk/guidance/immigration-rules?msclkid=b1df136cc7ce11ecb8f75116c530e06c.

(8)

The Appendix was added to the immigration rules by Statement of Changes to the Immigration Rules laid before the United Kingdom Parliament on 7th December 2023 (HC 246). An electronic copy of HC 246 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-246-7-december-2023.