The Education (Fees) (Scotland) Regulations 2022

Regulation 4(2)

SCHEDULE 1SFees - Excepted Students

This schedule has no associated Policy Notes

EU nationals etc. with protected rights who have been living in the UK for three yearsS

1.—(1) A student is an excepted student if that student is a person with protected rights who —

(a)is either an EU national or the family member of an EU national,

(b)has been ordinarily resident in the United Kingdom throughout the period of 3 years immediately preceding the relevant date, and

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

(2) For the purposes of this paragraph—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a “family member of an EU national” is to be read as if a relevant person of Northern Ireland were included in the definition of “EU national” in regulation 2(1) (interpretation).

Textual Amendments

Commencement Information

I1Sch. 1 para. 1 in force at 1.8.2022, see reg. 1(1)

[F3EU nationals etc. with protected rights who have not been living in the UK for 3 yearsS

1A.  A student is an excepted student if that student is a person with protected rights who—

(a)is either an EU national or the family member of an EU national,

(b)has not been ordinarily resident in the United Kingdom throughout the period of 3 years immediately preceding the relevant date,

(c)is undertaking a course of education at an establishment in Scotland, and

(d)is ordinarily resident in the United Kingdom on the relevant date.]

Textual Amendments

Irish nationals who are settled in the United KingdomS

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

(a)is an Irish national,

(b)is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971(1) on the relevant date,

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

(d)has been ordinarily resident in the United Kingdom or Ireland throughout the period of three years immediately preceding the relevant date.

Commencement Information

I2Sch. 1 para. 2 in force at 1.8.2022, see reg. 1(1)

Family members of a relevant person of Northern IrelandS

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

(a)is a family member of a relevant person of Northern Ireland as defined in paragraph (b) of the definition of “person with protected rights”,

(b)is ordinarily resident in Scotland on the relevant date, and

(c)has been ordinarily resident in the United Kingdom or Ireland throughout the period of three years immediately preceding the relevant date.

Commencement Information

I3Sch. 1 para. 3 in force at 1.8.2022, see reg. 1(1)

Workers, employed persons, self-employed persons and their family membersS

4.—(1) A student is an excepted student if that student is a person with protected rights or a qualifying frontier worker who —

(a)is—

(i)an EEA migrant worker or an EEA self-employed person,

(ii)a Swiss employed person or a Swiss self-employed person,

(iii)a family member of a person mentioned in sub-head (i) or (ii),

(iv)an EEA frontier worker or an EEA frontier self-employed person,

(v)a Swiss frontier employed person or a Swiss frontier self-employed person, or

(vi)a family member of a person mentioned in sub-head (iv) or (v),

(b)has been ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.

(2) In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(2) who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.

(3) In this paragraph, any description of a person in sub-paragraphs (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraphs (1)(a)(iii) and (vi) are to be construed accordingly.

Commencement Information

I4Sch. 1 para. 4 in force at 1.8.2022, see reg. 1(1)

Workers who benefitted from the Freedom of Movement for Workers RegulationS

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

(a)is a person with protected rights who has [F4or had] a right not to be charged higher relevant fees by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union(3), as extended by the EEA agreement,

(b)has been ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

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

Textual Amendments

Commencement Information

I5Sch. 1 para. 5 in force at 1.8.2022, see reg. 1(1)

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereS

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

(a)is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(b)was ordinarily resident in Scotland for at least 3 continuous years and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence before IP completion day,

(c)was ordinarily resident on IP completion day—

(i)in Gibraltar or the territory comprising the European Economic Area and Switzerland, or

(ii)in the United Kingdom immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the relevant date,

(d)

has been ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(e)

is undertaking a course for which the relevant date is prior to 31 July 2028.

(2) For the purposes of this paragraph, a student has utilised a right of residence if that student—

(a)is—

(i)a United Kingdom national,

(ii)a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38(4) (or corresponding provisions under the EEA agreement or the Switzerland agreement)), or

(iii)a person who had a right of permanent residence arising under Directive 2004/38, and

(b)either—

(i)has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland agreement in a State other than the United Kingdom, or

(ii)in the case of a student who had a right of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the state within the territory comprising the European Economic Area and Switzerland of which that student is a national or of which the person in relation to whom that student is a family member is a national.

(3) Sub-paragraph (1)(a) and the requirement in sub-paragraph (1)(b) to be settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom do not apply where the student falls within sub-paragraph (2)(a)(ii) and is accompanying or joining that national in the United Kingdom.

Commencement Information

I6Sch. 1 para. 6 in force at 1.8.2022, see reg. 1(1)

[F5RefugeesS

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.]

Textual Amendments

Persons granted leave following on from refugee claimS

8.  A student is an excepted student if—

(a)that student—

(i)has applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom and that person has been granted leave to enter or remain accordingly,

(ii)has been ordinarily resident in the United Kingdom since that person was first granted such leave to enter or remain, and

(iii)is F6... resident in Scotland on the relevant date, or

(b)that student 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.

Textual Amendments

Commencement Information

I7Sch. 1 para. 8 in force at 1.8.2022, see reg. 1(1)

Iraqi nationalsS

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

(a)is an Iraqi national who—

(i)has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Office,

(ii)has been ordinarily resident in the United Kingdom F7... since that person was first granted such indefinite leave to enter the United Kingdom, and

(iii)is ordinarily 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.

Textual Amendments

Commencement Information

I8Sch. 1 para. 9 in force at 1.8.2022, see reg. 1(1)

Syrian nationalsS

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

(a)is a Syrian national who—

(i)has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Office,

(ii)has been ordinarily resident in the United Kingdom F8... since that person was first granted such humanitarian protection to enter the United Kingdom, and

(iii)is ordinarily 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.

Textual Amendments

Commencement Information

I9Sch. 1 para. 10 in force at 1.8.2022, see reg. 1(1)

Afghan nationalsS

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

(a)is an Afghan national who—

(i)has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia Scheme(5) operated by the Home Office,

(ii)has been ordinarily resident in the United Kingdom F9... since that person was first granted such limited leave to remain in the United Kingdom, and

(iii)is ordinarily 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.

Textual Amendments

Commencement Information

I10Sch. 1 para. 11 in force at 1.8.2022, see reg. 1(1)

Relocated Afghan citizensS

12.  A student is an excepted student—

(a)if that student—

(i)has been granted leave under the Afghan Citizens Resettlement Scheme(6) or granted leave under the Afghan Relocations and Assistance Policy Scheme(7),

(ii)has been ordinarily resident in the United Kingdom F10... since that person was first granted such leave, and

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

(b)if that student 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.

Textual Amendments

Commencement Information

I11Sch. 1 para. 12 in force at 1.8.2022, see reg. 1(1)

[F11Evacuated or Assisted British nationals from AfghanistanS

12A.  A student is an excepted student if that student—

(a)is an evacuated or assisted British national from Afghanistan who—

(i)has been ordinarily resident in the United Kingdom since they were evacuated from or otherwise left Afghanistan, and

(ii)is ordinarily 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.]

Textual Amendments

[F12Female Afghan studentsS

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.]

Textual Amendments

[F13Ukrainian nationalsS

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,

(b)the Homes for Ukraine Sponsorship Scheme,

(c)the Ukraine Extension Scheme,

(d)the Ukraine Permission Extension Scheme, or

(e)the Home Office for leave outside the immigration rules, 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.]

Textual Amendments

[F14United Kingdom nationals from UkraineS

13A.  A student is an excepted student if that student—

(a)is a United Kingdom national who—

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

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

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

(iv)is ordinarily 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.]

Textual Amendments

Persons granted stateless leaveS

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

(a)has—

(i)been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules operated by the Home Office, and

(ii)been ordinarily resident in the United Kingdom F15... since that person was first granted such limited leave to remain in the United Kingdom, and

(iii)is ordinarily 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.

Textual Amendments

Commencement Information

I12Sch. 1 para. 14 in force at 1.8.2022, see reg. 1(1)

Persons granted discretionary leave to remain as a victim of modern slaveryS

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

(a)has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b)has been ordinarily resident in the United Kingdom F16... since that person was first granted such discretionary leave to remain in the United Kingdom, and

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

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.

Textual Amendments

Commencement Information

I13Sch. 1 para. 15 in force at 1.8.2022, see reg. 1(1)

Persons granted indefinite [F17leave to enter or remain] as a victim of domestic violence or domestic abuseS

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

(a)has been granted indefinite [F17leave to enter or remain] in the United Kingdom under any of the following provisions of the immigration rules(8), as defined in section 33(1) of the Immigration Act 1971—

[F18(i)paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, 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),]

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

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

Textual Amendments

Commencement Information

I14Sch. 1 para. 16 in force at 1.8.2022, see reg. 1(1)

[F19Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuseS

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.]

Textual Amendments

Persons granted Calais leaveS

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

(a)has extant leave to remain in the United Kingdom under paragraphs 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,

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

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

Commencement Information

I15Sch. 1 para. 17 in force at 1.8.2022, see reg. 1(1)

Persons who are children of asylum seekers and young asylum seekersS

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

(a)is the child of an asylum seeker or is a young asylum seeker,

(b)is resident in Scotland on the relevant date, [F20and]

(c)was under 18 years old on the date when the application for asylum was made, F21...

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this paragraph—

“child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 2002(9), and

“young asylum seeker” means an unaccompanied asylum-seeker who is under the age of 18.

Textual Amendments

Commencement Information

I16Sch. 1 para. 18 in force at 1.8.2022, see reg. 1(1)

Children of Swiss nationalsS

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

(a)is the child of a Swiss national,

(b)is entitled to support in the United Kingdom by virtue of Article 18(2) (related rights) of the Swiss citizens’ rights agreement, and

(c)has been ordinarily resident in the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.

Commencement Information

I17Sch. 1 para. 19 in force at 1.8.2022, see reg. 1(1)

Children of Turkish workersS

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

(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day,

(b)was ordinarily resident in the United Kingdom immediately before IP completion day,

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

(d)has been ordinarily resident in the United Kingdom, Gibraltar or in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the relevant date.

(2) In this paragraph “Turkish worker” means a Turkish national who—

(a)is ordinarily resident in Scotland, and

(b)is, or has been, lawfully employed in the United Kingdom.

Commencement Information

I18Sch. 1 para. 20 in force at 1.8.2022, see reg. 1(1)

(3)

OJ L 141, 27.5.2011, p.1.

(4)

OJ No 158, 30.4.2004c, p.77.

(6)

A copy of the Afghan Citizens Resettlement Scheme can be viewed at https://www.gov.uk/guidance/afghan-citizens-resettlement-scheme?msclkid=e4215a4cc7a311ec8a237e55741dcde6.

(7)

A copy of the Afghan Relocations and Assistance Policy Scheme can be viewed at https://www.gov.uk/government/publications/afghan-relocations-and-assistance-policy?msclkid=2a8bc686c7a511ec8a2b8132cb36424d.