Amendment of the Education (Fees) (Scotland) Regulations 20222
1
The Education (Fees) (Scotland) Regulations 20223 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 19924,
3
For paragraph 7 of schedule 1 (refugees) substitute—
Refugees7
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 students12B
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 nationals13
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 Scheme5,
b
the Homes for Ukraine Sponsorship Scheme6,
c
the Ukraine Extension Scheme7,
d
the Ukraine Permission Extension Scheme8, or
e
the Home Office for leave outside the immigration rules9, 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 Abuse10, 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 abuse16A
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: general2
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”).