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Author: Julia Reid Last updated: 6 March 2013
Disclaimer: The information in this guide offers general guidance only and is not legally binding, nor does it constitute any right of eligibility for, or entitlement to, fees to be assessed at the level set by Scottish Ministers. Institutions of higher education are solely responsible for making decisions on what fee level a student is entitled to be charged, based on their interpretation of the Education (Fees) (Scotland) Regulations 2011 as amended.
1 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
Introduction
This fee assessment guidance document is intended to be a practical guide and reflects the general approach that SAAS would take in assessing a persons’ eligibility for tuition fee support in terms of the Students Allowances (Scotland) Regulations 2007 as amended. The 2011 fee regulations are now more closely aligned to the student allowances regulations than they have been in the past, and subsequent amendments to both sets of regulations (in 2012 and 2013) ensure that this alignment is as close as possible.
In law, the assessment of ‘tuition fee status’ by institutions and ‘tuition fee support’ by SAAS are governed by different (albeit very similar) legislation. It is therefore up to yourselves, as institutions, to make your own decision about a student’s fee status taking into account the facts and circumstances of each case. This means the decision you make and SAAS make can be different. However, you can seek an opinion from SAAS in complicated/borderline cases.
This guidance is for your internal use only. You should not quote this guidance in external correspondence, but instead quote the relevant paragraphs in the regulations that refer to the circumstances of your case. Throughout this guidance we have tried to direct you to the appropriate regulation or Schedule within the regulations that will apply to the circumstances of your case. You will find this in green text (reference to regulations only) and hyperlinks (reference to regulations and information contained in this guidance).
Any case studies contained in this document are meant to illustrate what SAAS would be likely to do in a specific situation with regards to student support and should not be used as a template for making decisions on tuition fee levels.
Throughout this document we refer to
‘home’ fee status. This means if you grant such ‘home’ fee status, the student will not be charged more than the rate of tuition fees set by Scottish Ministers (£1,285 for sub degrees or £1,820 for degrees).
‘RUK’ students. These are students who normally live in the rest of the UK and not Scotland. While this group is not defined in legislation, the working definition is that RUK students are those students who would have been eligible for home fee status under the Education (Fees and Awards) (Scotland) Regulations 2007, as amended, and as such have a relevant connection with the UK and Islands, but are now not eligible under the new 2011 fee regulations as they do not have a relevant connection with Scotland. All students who are not eligible under either sets of regulations are non-EU international students.
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INDEX
1. The new 2011 fee regulations
2. Summary of changes made through the 2013 Amendment Regulations
3. Regulation 3 - relevant connection with Scotland
4. Schedule 1 – excepted students
5. Schedule 2 – ordinary residence
6. Those required to be ordinary resident in Scotland on the relevant date
7. Those NOT required to be ordinary resident in Scotland on the relevant date
8. Categories in the 2007 regulations removed from the 2011 regulations
9. Students with different circumstances (deferred entry, articulating from RUK to Scotland, nursing, AHP, intercalating medicine)
10. Further help/information
11. Glossary of new terms in the regulations
12. Annex 1 - Boarding Schools in Scotland
13. Annex 2 - SAAS residence enquiry forms
14. Annex 3 - The Education (Fees) (Scotland) Regulations 2011
15. Annex 4 – The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013
16. Alpha Index
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1. The new 2011 fee regulations
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The new 2011 fee regulations are entitled ‘The Education (Fees) (Scotland) Regulations 2011’ (thereafter referred to as the ‘2011 regulations’). They will generally apply to students who commence their courses of education in session 2012-2013 or later, known as ‘post 2011/12 students’, but will not apply to:
students who commenced their course in an earlier session; (see exception below for medicine students); or
students who, prior to 1 August 2011, have reached a written agreement with their institution to defer entry.
The 2011 regulations will apply to medical students, known as “excluded medical students” who;
have reached an agreement, prior to 1 August 2011, with their institution to defer entry; and
have a relevant connection with Scotland within the meaning of the 2011 regulations.
For those who do not have a relevant connection with Scotland within the meaning of the 2011 regulations, The Education (Fees and Awards) (Scotland) Regulations 2007 as amended (thereafter referred to as the 2007 regulations) continue to apply.
The 2011 regulations apply to those students described above studying courses of higher education at either a college or university.
They do not apply to those studying courses of further education at college, either new or continuing students. Such students continue to fall under the 2007 regulations.
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2. Summary of changes made through the 2013 Amendment Regulations
The Education (Fees, Awards & Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013 make amendments to, amongst others, the 2007 and 2011 Fees Regulations. The amendments relating to the Fees Regulations come into force from the 1 August 2013 and as such apply to students commencing their studies after that. The main changes can be summarised as follows:
Dual UK/EU nationals – in tandem with Learning & Justice Circular 2012/005 which was issued in September 2012, amendments are made to Schedule 1, Paragraph 9 of the 2007 Fees Regulations, and Schedule 1, Paragraph 10 of the 2011 Fees Regulations clarifying the circumstances where a UK national can be considered as eligible for home fees on the same basis as an EU national. The two sets of circumstances are: o where that UK national (whether or not they are also an EU national) has exercised a right of residence in the EEA/Switzerland as set out in Article 7 of Directive 2004/38 EC (i.e. resident for more than 3 months and working, studying or self-sufficient); or o where a UK national has lived outwith the UK in a state within the EEA/Switzerland of which they are also a national, and, where, if they had not been a national of that state, would have been exercising a right of residence in the same way as set out in Article 7 of Directive 2004/38 EC.
Definition of family members of EU/EEA/Swiss nationals – an amendment has been made to the definition of a family member which harmonises the definition across all EC related categories whether the EU/EEA/Swiss national is a worker of some kind, self-sufficient or not self-sufficient. So for both a migrant worker and an EU national, their spouse or civil partner; direct descendants of themselves, their spouse or civil partner who are under 21 or dependent on them/spouse/civil partner; and, dependent direct relatives in the ascending line of themselves/their spouse or civil partner will all be considered as family members for the purposes of determining eligibility for home fees.
Family members of EU nationals (Paragraph 9 of Schedule 1 of the 2007 Fees Regulations and paragraph 10 of Schedule 1 of the 2011 Fees Regulations). For family members of EU nationals as described above, we have introduced an amendment to now require these family members to be “joining or accompanying” the EU national in the UK. So for example, where a student is not eligible in their own right for home fees, but is moving with their EU parent to the UK then they will be considered eligible. However if that same student’s EU parent remains behind in their home country, and the student is not eligible in their own right then that student can not become eligible as the family member of an EU national. As we are introducing this change fairly late on in the application cycle, institutions may have already offered home places to students who may now not be considered eligible due to this amendment. The number of cases of students falling into this category is however likely to be very small and it is for the individual institution to decide what to do in these circumstances. SAAS, who open for applications for 2013-14 in mid April 2013 will be applying this change to all new applications.
Moving to Scotland for the purpose of attending a course of higher education. The 2011 Fees Regulations set out in Regulation 2(3) and (4) that a student ordinarily resident in Scotland after moving from the UK and Islands for the 5 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
purpose of undertaking a course of education was to be considered ordinarily resident in the part of the UK and Islands in which they had previously been living, rather than Scotland, and therefore not eligible for home fees. This has now been extended to include the other groups of students who are also required to be ordinarily resident in Scotland on the relevant date – this includes refugees and family member (Sch 1 para 4), those with another form of leave to remain short of refugee status and their family members (Sch 1 para 5), those Iraqi nationals under the LESAS scheme and their family members (Sch 1 para 6) and those with temporary protection (Sch 1 para 7).
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3. Relevant connection with Scotland
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3.1 Regulation 3
3.2 The relevant date
3.3 Definition of ordinary residence
3.4 Ordinary residence in Scotland on the relevant date
3.5 Ordinary residence in the UK and Islands for the three years prior to the relevant date
Factors to consider when assessing a relevant connection with Scotland
3.6 RUK students who want to study at a university in Scotland
3.7 RUK students who want to study at a college in Scotland
3.8 Families who move permanently from the rest of the UK to Scotland
3.9 Parents who moved recently from Scotland to the rest of the UK but left the student in Scotland with relatives
3.10 Parents who live in the rest of the UK and have done for some time, who send the student to live with relatives in Scotland before the relevant date
3.11 Parent of RUK student who moves to Scotland with the student to be ordinarily resident but once this is established, the parent moves back to the rest of the UK
3.12 RUK students being appointed with a guardian in Scotland because they are at a boarding school in Scotland
3.13 Holiday homes in Scotland
3.14 Student who lives in Scotland but works in the rest of the UK
3.15 The UCAS offer and subsequent school reference
3.16 Separated parents where one lives in Scotland
3.17 Temporary absent from Scotland on the relevant date
3.18 Children of armed forces
3.19 Employment in Scotland – deciding if it is temporary or permanent
3.20 Prisoners in Scotland
3.21 Restricted residence outside Scotland due to a court order 7 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
3.1 Regulation 3
To qualify for home fee status a student must have a relevant connection with Scotland. The criteria for which is in regulation 3 of the legislation which is as follows.
3. For the purpose of these regulations a new student has a relevant connection with Scotland if that new student
(a) is ordinarily resident in Scotland on the relevant date;
(b) has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the relevant date; and
(c) is settled in the United Kingdom within the meaning given by section 33 (2A) of the Immigration Act 1971 on the relevant date.
If the student does not meet the conditions set out above, they can still qualify for home fee status if they are an excepted student within the meaning of Schedule 1 or they meet the exceptions to the ordinary residence rules set out in Schedule 2.
3.2 The relevant date
The relevant date is defined in regulation 2 paragraph 1, which is as follows:
(a) for a course of education starting in the period 1st August to 31st December, 1st August in that year; (b) for a course of education starting in the period 1st January to 31st March, 1st January in that year; (c) for a course of education starting in the period 1st April to 30th June, 1st April in that year; (d) for a course of education starting in the period 1st July to 31st July, 1st July in that year;
In the rest of the UK, the relevant date for an autumn start course is 1 September. This means if a person moves permanently to Scotland from the rest of the UK and this falls between our relevant date of 1 August and England’s, Wales’ and Northern Ireland’s relevant date of 1 September, you can consider them not to be eligible for home fee status. Please be aware that the rest of the UK funding bodies may take the same approach which means such students may end up in the position where they are not eligible to apply to SAAS/SFE/SFW or SFNI for help with their fees or any other student support.
Case study
Julie is 17. On 6th August 2012, Julie and her whole family move permanently to Scotland. Although Julie can be regarded as ordinarily resident in Scotland, because she was not in Scotland on the relevant date, you should consider that she is not eligible for home fee status. SAAS would not consider her eligible for any support.
Change of relevant date at the start of a new course
A student’s relevant date will change if they change to a different course of education or start the same course of education again from year one. This means, when assessing a student’s entitlement to home fee status, you should do this at the start of their course of
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education and not at the start of their continuous programme of education. Regulation 2 paragraph 5 refers which is as follows.
‘For the purposes of these regulations, and subject to paragraph (6), in assessing whether a person has a relevant connection with Scotland or is an excepted student for the charging of fees for a course of education, that course will be deemed to have started on the date that the first constituent part of any programme of education which contributes to the final award for that course commenced’.
This would affect those who:
do not have settled status in the UK at the start of their HNC but do at the start of their HND. The same applies for those moving from an HND to a degree. (international to home fee) start an HNC or HND prior to session 2012-2013 who progress to an HND or degree in session 2012-2013 or later. If their home is in the rest of the UK and they studied there, they will have paid home fees of £3,375 for their HNC/HND. However, you can now charge them fees of up to £9,000 a year for their HND or degree. This is because we now look at their status at the start of each level of course. However, for such students, SFE will only offer them the lower level of fee loan (£3,375) and not £9,000 as they are still regarding the student as being on a continuous programme of study. Therefore, you may want to consider the level of fee you charge RUK articulating students as they will have to find the shortfall of £5,625 themselves. This will also apply to RUK students articulating at Scottish institutions. (home fee to RUK fee) move home permanently in between courses. If their home was in the rest of the UK when they started their first course in Scotland and they move to Scotland permanently at the end of this and before the relevant date of their new course, they will be charged home fees for their new course in Scotland. If their home was in Scotland at the start of their first course and they moved to the rest of the UK prior to starting their second course in Scotland, you can consider charging them up to £9,000
We would not consider a student’s eligibility for home fee status to change however if they move from any year of one degree to a subsequent year of a different degree. For example, if they move from year two of a degree in Economics and Finance to year three of a degree in Economics and French. Although this is a change of course, they are still progressing at the same level. A change of course must either be;
to a different level which is higher or lower than their current course, or
starting the same level of course again from year one. This can be the same degree that they already started or a different degree. You should not count this as a new level of course or new start on the same course if they are carrying credits to their new course from their old course or their time on the same course.
IMPORTANT – This change in the regulations does not affect the arrangements in place for those who have either
refugee status (Schedule 1 paragraph 4) or those who have
Humanitarian Protection/Discretionary Leave in the UK (Schedule 1 paragraph 5)
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Such students can be granted home fee status part way through the same level of course. This is not a change in legislation as this is the case under the 2007 regulations. Students who are nationals of a country which accedes to the EU during the course of their studies will also become eligible for home fee status at the point at which the country accedes to the EU.
For those who are granted such status part way through their course, SAAS will pay the home rate of fee if they have such status on the relevant tuition fee cut-off date. This is 1 December for autumn start courses. If they get their status after the relevant tuition fee cut-off date, SAAS will pay the home rate of fee at the start of the following academic session. SAAS do however, pay living costs support from the date such status is granted.
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Course of education
Is defined in regulation 2(6), as follows.
‘In assessing whether a person has a relevant connection with Scotland or is an excepted student for the charging of fees for a course of education- (a) a programme of education leading to- (i) a Degree; (ii) a Higher National Diploma; or (iii) a Higher National Certificate; and (b) such other programme’s of education as the Scottish Ministers may determine, Shall be treated as separate and distinct courses’.
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3.3 Definition of ordinary residence
The courts have defined ‘ordinary residence’ as ‘habitual and normal residence in one place’. It means that you live in a country year after year by choice throughout a set period, apart from temporary or occasional absences such as holidays or business trips.
Please note that the courts have not defined any set period of time that someone has to be resident in an area before they can be deemed to be ordinarily resident in that area.
When trying to determine ordinary residence in Scotland, you can look at a number of factors including:
was the student living in another part of the UK prior to coming to Scotland? where did the student attend school? reason for residency in Scotland? who are they living with in Scotland? where were they living when they submitted their UCAS/CUKAS/college application? are they the family member of armed forces personnel
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3.4 Ordinary residence in Scotland on the relevant date
If a student does not meet the condition set out in regulation 3(a), they may still be eligible for home fee status, if they meet the conditions set out in Schedule 2 paragraph 1(1) which is temporary absence from Scotland.
Also for the purpose of regulation 3(a), you should be satisfied that the student’s residence in Scotland, on the relevant date, is not connected to their residence in Scotland during the three years prior to the relevant date which is wholly or mainly for education* (Schedule 2 paragraph 1(2)). In other words, they are in Scotland doing a course of education and have been here for three years and are still here on 1 August of the year they want to study, but are only here on that date as a result of initially being here for their course of education.
* Schedule 2 paragraph 1(2) does not apply to those who have been living in Scotland wholly or mainly for education for three years or more if they are an EU (non UK) national or family member of such who is exercising their treaty right under the Directive 2004/38 (Schedule 2 paragraph 1(3)).
Those coming to Scotland to study from the ‘UK Islands’ and from the rest of the UK are not ordinarily resident in Scotland on the relevant date if they move to Scotland on or before the relevant date for educational purposes (Regulations 2(3) and 2(4) apply).
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3.5 Ordinary residence in the UK and Islands for the three years prior to the relevant date
If the student does not meet the conditions set out in regulation 3(b) or Schedule 1 paragraph 9(1)(c), they may still be eligible for home fee status, if they meet the following conditions.
Are temporary absent form the UK and Islands (Schedule 2 paragraph 2(5)); or
Were born in and have spent the greater part of their life in the UK and Islands and have been living ordinarily there for one year out of the three year qualifying period Schedule 2 paragraph 2(4); and
if not an independent student, their parents etc have been living in the UK and Islands for the three year qualifying period
For the purpose of regulation 3(b), you must be satisfied that the student’s residence in the UK during the three year qualifying period, is not connected to them being here wholly or mainly for education. For those who qualify for support by virtue of Schedule 1 paragraph 9(1)(c), which is non-UK EU nationals or family members of such, because they are exercising their treaty right under the Directive 2004/38, they can be in the UK purely for educational purposes, however, if this is the case, they must have been ordinarily resident in the EEA or Switzerland immediately prior to their period of residence in the UK (Schedule 2 paragraph 2(2)).
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11 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
Factors to consider when assessing ordinary residence in Scotland
3.6 RUK students coming to a university in Scotland
Generally, if they have applied to UCAS while resident in the rest of the UK, and are going into higher education immediately after finishing secondary education, it is most unlikely that they will be eligible for home fee status.
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3.7 RUK students coming to a college in Scotland
Generally those who come to Scotland to study from the rest of the UK will be looking to attend university. However, there are a number of RUK students at college in Scotland, for example, Oatridge College which specialises in equine studies, is popular with RUK students.
For those who want to attend a college in Scotland straight after attending secondary education in the rest of the UK, again it is unlikely that they will be eligible for home fee status.
For those who are not entering college straight after secondary education in the rest of the UK, they may be coming to Scotland for reasons other than education. For example, they could be coming to Scotland to live with a partner and because of this decide to apply to a Scottish college instead of one in the rest of the UK. In such cases, they may still be resident elsewhere in the UK when they make enquiries about the course.
Case study 1
James is 26 and living in London with his partner. In June his partner applies for and is successful in gaining a permanent job in Dundee and they move there on 28th July 2012. They decide to rent a house for 6 months while they search for a suitable property to buy. In June, James applies to do an HND at Dundee college.
Because James’ main reason for coming to Scotland is to be with his partner, it is more likely that he is ordinarily resident in Scotland and may be eligible for home fee status. SAAS would be likely to offer student support.
Case study 2
Collette is 25 and married, she has lived in Wales all her life. In January she applies to 3 different colleges , 2 in Wales and 1 in Scotland. In April she is offered a place at Oatridge Agricultural college, which she accepts. In June Julie’s husband applies for a transfer to his company’s Livingston branch and the couple move there on 31st July.
As Collette applied for courses in both Scotland and Wales and her husband did not apply for a transfer to Scotland until Collette had decided which college she was going to, you could consider that Julie’s main reason for coming to Scotland is for education. SAAS would be likely to refuse support for this reason.
To prove that they have moved to Scotland permanently to live with their partner and not just to study, you could ask to see evidence, for example:
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their council tax demand that shows they live together any evidence that shows they have been coming to Scotland to visit prior to the decision to come up permanently, for example, train tickets. If they are working, you could ask to see a letter from their employer or pay slips which shows they were working in Scotland prior to the relevant date. If they are unemployed you could ask to see their benefits letter.
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3.8 Families who move permanently from the rest of the UK to Scotland
If, for example, the father gets a new permanent job in Scotland and the entire family move to Scotland, regardless of how close their move is to the relevant date or whether the student applied to UCAS while attending a secondary school in the rest of the UK, Scotland could be regarded as their place of ordinary residence. If they are living in Scotland on or before the relevant date, they may be a home student and SAAS would consider them for student support.
The same applies to those who are married, who have to move to Scotland with their husband wife or civil partner. If they decide as a consequence of their partner’s job move to apply to a Scottish institution for a course of study and do this while still resident in England, they may be entitled to home fee status based on their main reason for coming to Scotland, which will be to join their husband, wife, civil partner and not to study.
If their permanent move to Scotland falls between our relevant date of 1 August and England’s relevant date of 1 September and they commence study in the autumn of the same year, you can consider them ineligible for home fee status. Also, they will not be eligible to apply to SAAS or SFE for support.
Case study
Julie is 18 and has lived in Wales her whole life. In April she is awarded a place to study at the University of Edinburgh. Prior to Julie being awarded this place, her mother has been applying for job vacancies in Scotland. In May 2012 her mother is successful in getting a job in a hospital in Edinburgh and she and Julie move to Livingston in July 2012. As Julie’s family home is now in Scotland, you can consider offering her home fee status .
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3.9 Parents who moved recently from Scotland to the rest of the UK but left the student in Scotland with relatives
If a student’s parents are living elsewhere in the UK but the student stayed in Scotland to finish their secondary education and lives with a relative, for the purposes of student support, SAAS would consider their place of ordinary residence as Scotland. This is because, even although the student is in education, this is not counted as being in Scotland for educational purposes as they were living ordinarily in Scotland before their parents left to live elsewhere in the UK and are still living there.
The same applies for those parents who have left the UK and now live abroad but the student stayed in Scotland with relatives to finish their education.
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If in both scenarios the student takes a year out before entering higher education and lives with the parents during this time, the student’s place of ordinary residence will be where their parents live. If the parents live outside the UK but within the EU, EEA or Switzerland, the UK returner category may apply. (Schedule 1 paragraph 3)
Case study 1
Aaron is 17. He and has family lived in Inverness until he was 16 when his dad took a job in London. Aaron’s mother and younger sisters both moved to London, however, as Aaron was in the middle of his highers, he remained in Scotland with his Grandmother. He finished school in 2012 and applied to do an HND at Inverness College. Although his family no longer live permanently in Scotland, SAAS would consider that Inverness is still Aaron’s permanent home and therefore offer him student support. He may be eligible for the home fee rate.
Case study 2
Sheila is 19. In 2010, when she was 17, her parents moved permanently to Newcastle, however Sheila remained behind with her aunt for a year to finish her education. In 2011 Sheila finished school and moved back in with her parents. In order to gain some work experience she took a year out to work in her local chemist in Newcastle. In 2012 she applies for and receives a place to study Pharmacy at St Andrews University. As Sheila has been working for a year in England and living in the family home, then England could be regarded as being her place of ordinarily residence and she may therefore not be eligible for home fee status.
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3.10 Parents who live in the rest of the UK and have done for some time, who send the student to live with relatives in Scotland before the relevant date
If a parent sends the student to live with a relative in Scotland on or before the relevant date, (including one of the parents if their parents are separated and they normally live with the other parent) and, if they are entering higher education in Scotland straight after secondary education in the rest of the UK, SAAS would generally refuse student support. Therefore you may wish to consider refusing home fee status.
If they have had time out of education before starting their course, and they have been living/working or registered unemployed in Scotland for a period of time, this would suggest they are ordinarily resident in Scotland on the relevant date and they would therefore be more likely to be eligible for home fee status. If their time in Scotland before they start their course is fairly brief, you could ask to see their UCAS offers or their award notice from SAAS. If the offer of a place is to a RUK address, this may indicate they are not ordinarily resident. If it is to a Scottish address, this may be their place of ordinary residence. If you are in any doubt you can ask to see supporting documents, for example:
their council tax notice pay slips employer’s letters bank statements covering the period they claim to have been living at the Scottish address. 14 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
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3.11 Parent of RUK student who moves to Scotland with the student to be ordinarily resident but once this is established, the parent moves back to the rest of the UK
If, for example, the mother does not work and the parents can afford to rent a property in Scotland for 6 months prior to the start of the student’s course and claims this as the student’s place of ordinary residence, then the student is likely to be eligible for home fee status and there are no lawful grounds for refusing it. The mother may also claim that she is separated from her husband. Proof of which may be available in the form of a solicitors letter or a letter from another professional person that knows their circumstances well enough who can confirm their separated status. However, after six months the mother moves back to where the family live in the rest of the UK. As the student’s fee status is set on the relevant date (the first day of the first academic year of the course), then in general, home fee status will last for the duration of the student’s studies.
However, if the school they attended was elsewhere in the UK, and there are any concerns that the move to Scotland may have been temporary to take advantage of lower tuition fee rates in Scotland, you could ask for proof of their address in their first and every subsequent session. For example:
council tax notice utility bills bank statements. proof of the parent’s employment in Scotland (e.g. payslips or a letter from their employer) or if unemployed a letter from the DWP (if unemployed and claiming benefits).
If there is no evidence in relation to their employment or unemployment in Scotland, it may be that the father, who is still resident in the rest of the UK, is meeting all the costs for the mother and the student to live in Scotland. In such cases it may be that the student is still ordinarily resident elsewhere in the UK rather than Scotland.
What SAAS may do in a similar situation is, if there are any doubts about a student’s residence, at the start of their second year, they would ask the student and family to prove that they are still living at the address they were living at in the previous year, or any other Scottish address. If they are no longer living in Scotland, SAAS would challenge their reason for only having a Scottish address for a short period of time prior to the student starting their course of study and (if applicable) for moving back to the same address that they lived in, elsewhere in the UK, prior to living in Scotland. SAAS would also consider refusing them student support and reclaim any student support which they had paid out in the first year of their course.
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3.12 RUK students being appointed with a guardian in Scotland because they are at a boarding school in Scotland
Such students are in Scotland for educational purposes unless it is the Queen Victoria Boarding School for children of the armed forces (see section on armed forces). Some students that attend a Scottish school may give a Scottish address (their guardian’s 15 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
address). This does not automatically mean that Scotland is their permanent address. I would suggest if you don’t know the school to check whether it is a boarding school or not (see attached list of boarding schools in Scotland). If it is a boarding school, you should seek proof of the parents’ address before being able to accurately determine ordinary residence, and therefore eligibility for home fee rates. Such proof can include:
council tax notice utility bills bank statements
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3.13 Holiday homes in Scotland
Some parents may feel that because they have a holiday home in Scotland, they are entitled to claim Scottish residence. This is not the case. A student’s place of ordinary residence is usually their permanent home, or where they live the majority of the time. This is unlikely to be their holiday home. If the student last attended a secondary school in the rest of the UK but now has a Scottish address, they would need to prove that they live permanently at the Scottish address. For example:
council tax notice utility bills bank statements
If this is a holiday home, the bills will most likely be addressed to their permanent home address elsewhere in the UK.
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3.14 Student who lives in Scotland but works in the rest of the UK
If a student who normally lives in Scotland on their own, has a permanent job in the rest of the UK, which they have held for a considerable period of time, returns to Scotland on a regular basis, for example every weekend, it may be that Scotland is still their place of ordinary residence. If in the same circumstances they return home less frequently, for example, once every three months, if the company they work for in the rest of the UK does not pay for the rent of their flat in the rest of the UK, they may be ordinary resident elsewhere.
If they rent out their home in Scotland while working in the rest of the UK, they cannot claim that Scotland is their permanent residence and are therefore unlikely to be ordinarily resident in Scotland on the relevant date and unlikely to be eligible for home fee status.
If their company pay for their flat in the rest of the UK, regardless of how long they are working there, this may be considered as temporarily absent on the relevant date and as such may be eligible for home fee status.
If a family are absent from Scotland but living in the rest of the UK due to one of the parent’s employment, you would need evidence to prove that the employment, and therefore the family’s absence from Scotland was indeed temporary. This is covered in more detail later on..
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Case study 1
Alexander is a UK national. He was born in Mull and lived their until he was 25 when he got a permanent job in London which he has held for the last five years. Prior to moving to London he lived in his own home in Mull which he still owns. When in London he stays in private let accommodation which he pays for himself. He stays in London for three months at a time before returning to Mull for a long weekend then back to London for another three months to the same private let accommodation. In 2012 he applies for a place at Edinburgh Napier university.
Although Alexander has a home that he owns in Mull that he returns to every three months for a long weekend, he has a permanent job in London and spends most of his time in London. Therefore SAAS would consider that London is his place of ordinary residence and would refuse him student support.
Case study 2
Hannah lived in Irvine until 2010 when she was offered a job in Sheffield. Hannah’s company pay for her accommodation in Sheffield and Hannah continues to pay rent on her house in Irvine. She returns home at least once a month and also for two weeks in the summer and one week at Christmas. In 2012 she starts a course at Ayr College.
Although prior to starting college Hannah was living and working in Sheffield, she returned regularly to Scotland where she had maintained a home. This, along with the fact that her accommodation in Sheffield was paid for by her company, suggest that Hannah’s time in Sheffield was temporary and that her main place of ordinary residence was still Scotland. SAAS would therefore consider offering her student support.
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3.15 The UCAS offer and subsequent school reference
After the student submits their UCAS application, the school have to do a reference for them. So if the student gives a Scottish address as their place of ordinary residence, and when the school reference comes in via UCAS, it is from a school in the rest of the UK, it casts doubt on any claims to be ordinarily resident in Scotland and they may not be eligible for home fee status.
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3.16 Separated parents where one lives in Scotland
If the student has been living in the rest of the UK with one parent while the other parent lives in Scotland, and is entering higher education in Scotland straight after secondary school, SAAS would not grant student support and they may not be eligible for home fee status. This is the case even if the student becomes resident in Scotland with the other parent on or before the relevant date.
Case study
Adele is 18 and her parents are separated. For the last 12 years she been living with her mother in England while her father has been living in Montrose. In July 2012 after gaining a place at Abertay University, she moves in with her father. As Adele has spent the 17 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
majority of her life living with her mother in England and went to school there, you could view England as still being her place of ordinary residence and that her reason for coming to Scotland is mainly for education, even though she was living with her father in Scotland before the 1st August. SAAS would be unlikely to provide student support and she may not be eligible for home fee status.
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3.17 Temporarily absent from Scotland on the relevant date
If you are satisfied that a person is temporarily absent from Scotland on the relevant date, they may be eligible for home fee status. (Schedule 2 paragraph 1(1))
The following categories are not exempt from the normal residence conditions, however their absence from Scotland can be regarded as temporary
Those who attend a course of study or are undertaking postgraduate research abroad.
HM Forces Personnel - this only applies to applicants whose parents are military personnel serving overseas. It does not include those who were carrying out an administrative role.
Foreign Office Staff whose job includes periods of compulsory deployment abroad
Voluntary Service Overseas (VSO)
Missionaries
Temporary employment abroad/in the rest of the UK. There are no hard and fast rules or set number of years to determine whether a period of employment outside Scotland is temporary or permanent. The ownership of a home in Scotland does not itself give automatic entitlement to home fee status. Some of the things you can look for to establish temporary absence can include the following:
how long have they been outside Scotland? the nature of their employment contract? were they posted away by their employer or did they take up the employment by choice? did they maintain a home in Scotland and is it unoccupied or rented out? do they return to Scotland, how often and how long for? What is their immigration status in the country they are living in e.g. temporary visa, permanent residence, green card (equivalent to our Indefinite Leave to Remain) Do they pay UK income tax or National Insurance?
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3.18 Children of armed forces
Those who are from an armed forces family normally don’t have a place of ordinary residence in the UK. When they are posted within the UK, most families live in armed
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forces accommodation. Such periods of residence are considered to be temporary and not ordinary.
However, some families choose to purchase a home in the area that they are posted. In cases like this, it is possible to consider this as their place of ordinary residence. See the following sections below for further details.
NO permanent home in the UK
The reciprocal arrangement with the other parts of the UK in terms of student support, is that for children of armed forces, you should look at where the serving member of the family was ordinarily resident prior to them joining the forces and you would regard this as the student’s place of ordinary residence for the purposes of tuition fees and student support. If this was Scotland, SAAS would be the student’s funding body. If it was England, Student Finance England (SFE) would be the funding body. If the serving member of the family joined up outside of Scotland then their children, even if that family is posted in Scotland, are not likely to be eligible for home rate fees. This may be an approach which institutions wish to consider.
Case study 1
Jane’s mother signed up with the Navy in Wales but has been posted to Scotland for the last five years. As Jane’s mother signed up in Wales, Jane is not likely to be eligible for home fee status and should apply to Student Finance Wales for student support.
Case study 2
Toby’s father signed up with the RAF in England. The family are currently living in Wales but will be relocating to Scotland in 3 months. As Toby’s father signed up in England, he is not likely to be eligible for home fee status and should apply to Student Finance England for student support.
Case study 3
Simon’s wife signed up for the Armed Forces in Scotland but due to her posting, they are currently living in Northern Ireland. As Simon’s wife originally signed up in Scotland, he is likely to be eligible for home fee status and can apply to SAAS for student support..
Permanent home in the UK where the family live
If the family have established a permanent home in the UK, that they either bought or rent privately or from a local council or housing association, and the family live at this address while the armed forces member of the family lives elsewhere for work purposes, you can consider regarding their home in the UK as the student’s place of ordinary residence.
Case study
Gloria’s father signed up for the army in England. The family were originally based in England before being posted to Scotland where they lived for 10 years. After two years they moved out of army accommodation into their own house which they have a mortgage on. Gloria’s father was then posted to Iraq and is now serving in Wales. However, Gloria and her mother did not accompany him, instead they remained in the family home in Scotland. Although Gloria’s father originally signed up in England, because they are living
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in their own home and not armed forces accommodation and have not accompanied him on his most recent posting , the family can be considered as being ordinarily resident in Scotland and therefore Gloria is likely to be eligible for home fee status and SAAS would consider offering student support.
Permanent home in the UK where the family don’t live
If a family owns a home in Scotland but don’t live in it and instead reside in the other part of the UK where the armed forces member of the family is posted, then the family are most likely not ordinarily resident in Scotland. Instead their place of ordinary residence should be regarded as where the armed forces member of the family was ordinarily resident when they signed up.
Permanent home in the UK that they gave up
If they had a permanent home in the UK that they subsequently gave up to travel with the armed forces member of the family, they no longer have a place of ordinary residence in the UK. Their place of ordinary residence should therefore be regarded as where the armed forces member of the family was ordinarily resident when they signed up.
Those posted to Cyprus, Germany or another EU member state
Although the family could claim they are exercising their right of residence by living in another EU member state and would therefore be eligible for home fee status, they did not go there by choice so the normal armed forces arrangements apply as detailed above.
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3.19 Employment in Scotland – deciding if it is temporary or permanent
If the job contract is for a fixed period of time, this should not be confused with temporary absence. It is common for employers to offer fixed term contracts as there may not be a need for the person to be employed longer than this.
If the job contract is of a temporary nature, with no specific end date, this does not necessary mean they are living in Scotland temporarily. Due to the current climate, it is not unusual for a contract to be temporary.
What you need to establish is whether the person taking the job has chosen to do this or are they being sent by a company who are based elsewhere in the UK to work in Scotland for a limited time with the intention of returning to their place of ordinary residence elsewhere in the UK. Maintaining a home elsewhere in the UK will be an indicator that the job in Scotland may be temporary. However, this is not a deciding factor.
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3.20 Prisoners in Scotland
If a student is in prison in Scotland and is allowed out on day release to attend a college or university, or is doing distance learning, their place of ordinary residence is the part of the UK that they lived in before they went to prison. Most prisoners who study do so on a part-time, distance learning basis and such fees are not regulated.
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3.21 Restricted residence outside Scotland due to a court order
If a person, normally Scottish domiciled, is living elsewhere in the UK or outside the UK because a court order says they have to, you should consider this residence as temporary and therefore regard them as being ordinarily resident in Scotland on the relevant date.
Case study 1
Mum, dad and daughter moved from Scotland to Australia a number of years ago by choice. Mum and dad split up so mum and daughter came back to the UK. However, due to a court order, the mum and daughter are sent back to Australia because the father does not want to be separated from his daughter. Mum’s residence in Australia is therefore not her choice and you should consider this as not being her place of ordinary residence and subsequently her daughter may be eligible for home fee status.
Case study 2
Mum and dad lived in Thurso in Scotland with their son and daughter. The parents separated and mum and daughter moved to Devon in England to be nearer family where her mum grew up. The father and son stayed in Thurso. As Thurso to Devon is a substantial distance for the father to travel to visit his daughter, the father has a court order that says the mother must move back to Thurso, or be within reasonable travelling distance to Thurso, for him to see his daughter on a regular basis. Mum’s residence in Thurso is not her choice and you should therefore consider this as not being her place of ordinary residence and subsequently the daughter may not be eligible for home fees status.
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4. Schedule 1 – excepted students
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Schedule 1 details those who are ‘excepted’ students and entitled to home fee status.
If a student does not meet regulation 3, you can still consider them for home fee status if they meet one of the categories set out in paragraphs 1 to 13 of Schedule 1 which are as follows:
Paragraph 1 – EEA/Swiss workers/self employed and EEA/Swiss frontier workers/self employed
Paragraph 2 – family members of those in Schedule 1 paragraph 1
Paragraph 3 - UK nationals who left Scotland to live in the EEA or Switzerland
Paragraph 4 – Refugees
Paragraph 5 – Leave to remain (Discretionary Leave and Humanitarian Protection)
Paragraph 6 – Iraqi nationals in the UK under the Locally Engaged Staff Assistance Scheme
Paragraph 7 – Temporary protection
Paragraph 8 – Young asylum seeker
Paragraph 9 - Non-UK EU national living in the UK
Paragraph 10 - Non-UK EU national living in the EEA or Switzerland
Paragraph 11 – Child of a Swiss national
Paragraph 12 – Exchange student from outside the UK
Paragraph 13 – Child of Turkish worker
Schedule 1 paragraph 1 – EEA/Swiss workers/self employed and EEA/Swiss frontier workers/self employed
Is for a post 2011-2012 student who
(a) is:
(i) an EEA migrant worker or an EEA self employed person; or (ii) a Swiss employed person or a Swiss self-employed person; or (iii) an EEA frontier worker or an EEA frontier self-employed person; or (iv) a Swiss frontier employed person or Swiss frontier self-employed person; and
(b) who has been ordinarily resident in the EEA or Switzerland throughout the three years immediately prior to the relevant date. If they do not meet this condition, you can still
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consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5)
When determining if a person is an EEA migrant worker/self-employed person or a Swiss employed person/self employed person, they must either:
have been made involuntarily unemployed from the job they held in the UK immediately prior to the start of their course and have to, as a result of the labour market, retrain in a different area of work. This includes those who have come to the end of a fixed term contract. The previous employment must be paid and not voluntary; or
be doing a course that is related to their previous employment in the UK (this must be the employment they were in immediately before starting their course) or current employment in the UK. For example, we would suggest there is a link between doing hairdressing and wanting to study an HNC in hairdressing but, we would suggest that there is not a link between working in a bar and wanting to do hospitality or hotel management.
When determining if a person is an EEA frontier worker/self employed person or a Swiss frontier employed person/self-employed person, they have to be:
a worker or self-employed person in the United Kingdom; and
reside in the EEA (but not the UK) or Switzerland and returns to their residence in the EEA or Switzerland, as the case may be, daily or at least once a week.
(see regulation 2(1) for a full definition of a frontier worker)
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Schedule 1 paragraph 2 – family members of those in Schedule 1 paragraph 1
Is for a post 2011-2012 student who:
(a) is
(i) the family member of a person mentioned in Schedule 1 paragraph 1; or
(ii) has a right not to be charged higher relevant fees by virtue of Article 10 of Regulation (EU) No. 492/2011 on the freedom of movement of workers within the Union, as extended by the EEA agreement; and
(b) Has been ordinarily resident in the EEA or Switzerland throughout the three years immediately prior to the relevant date. If they do not meet this condition, you can still consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5).
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Schedule 1 paragraph 3 - UK nationals (and family members of) who left Scotland to live in the EEA or Switzerland 23 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
(1) Is for a post 2011-2012 student who:
(a) is settled in the UK within the meaning of the immigration act 1971 on the relevant date; and
(b) were ordinarily resident in Scotland (but not wholly or mainly for education, see regulations for more details) and settled in the United Kingdom within the meaning of the immigration act 1971 immediately before leaving to live elsewhere in the EEA or Switzerland; and
(c) have been ordinarily resident in the EEA or Switzerland during the three years immediately prior to the relevant date. If they do not meet this condition, you can still consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5).
(d) if their ordinary residence referred to in (c) above has been wholly or mainly for education, they must have been ordinarily resident in the EEA or Switzerland immediately prior to their period of residence referred to in (c).
(2) For the purpose of this paragraph, a post 2011-2012 student has utilised a right of residence to live elsewhere in the EEA or Switzerland mentioned in paragraph 1(b) above if they are:
(a) a United Kingdom national; or
(b) a family member of a United Kingdom national with rights under Article 7 of Directive 2004/38 or any other EEA or Swiss agreement. Although the United Kingdom national that they are the family member of has to be settled in the UK on the relevant date as detailed in paragraph 1(a) above, the family members themselves do not need to be settled in the UK either on the relevant date or immediately before leaving the UK. However, they must have at least been ordinarily resident in the UK before leaving; or
(c) a person who has a right of permanent residence arising under Directive 2004/38 (this is a non UK-EU national who has been living in the UK for five years or more); and
They meet the conditions set out in paragraph 1(b)(c) and (d) above.
Gap year taken in the EU, EEA or Switzerland – are they exercising their treaty right?
Normally when a student takes a gap year, you could consider that where they live during this gap year is not their place of ordinary residence, so in other words you could treat them as temporarily absent from where they normally live in the UK.
However, if they take their gap year (or a shorter period of time greater than 3 months) in the EU, elsewhere in the EEA or Switzerland (the relevant area) and are working there, studying there or are self-sufficient in funds and have medical insurance, they are exercising their treaty right to live and work in the relevant area. This means they may be 24 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
eligible for home fee status. If they leave from Scotland, they will be eligible under this paragraph, however if they leave from elsewhere in the UK, they may still be eligible for home fee status under Schedule 1 paragraph 10 (see case study 1 below)
Article 7 of the Directive 2004/38/EC of the European Parliament and of the Council sets out what is meant by having a right of residence in another Member State. EU citizens have a right of residence for longer than 3 months if they:
work or are self employed in the other Member State; have sufficient resources for themselves and their family members not to become a burden on the social assistance system of that Member state while they are residing there and have comprehensive sickness insurance cover in the Member State; or are studying at a private or public establishment, accredited or financed by the Member state, have comprehensive sickness insurance cover, and sufficient resources for themselves and their families; or are the family member of one of the above three categories.
Case study 1
Samuel is 18 and has lived in Aberdeen all his life. After he finished school in June 2011 he took a gap year out to live and work full-time as a hotel receptionist in Porto, Portugal. He returns to Aberdeen in August 2012 and starts university in Edinburgh in September 2012.
As the student left Scotland to live and work in the EEA or Switzerland and has been working there, he has exercised his right of residence and therefore may be eligible for home fee status.
UK nationals returning from the EEA or Switzerland who live in the rest of the UK
If a UK national or family member of such leaves Scotland to exercise their right of residence to live in the EEA or Switzerland but is now back living ordinarily in the rest of the UK, they may be eligible for home fee status. This is regardless of how long they have been back living in the rest of the UK. This should not be confused with a UK national who does not exercise their right to live in the EEA or Switzerland. In other words, those who have never left the UK or if they have, they have lived outside the EEA and Switzerland. Such UK nationals would not be eligible for home fee status.
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Schedule 1 paragraph 4 – Refugees
Is for a post 2011-2012 student who:
(a) is
(i) a refugee who has been ordinarily resident in the United Kingdom and Islands at all times since they were recognised as a refugee; or
(ii) the husband, wife or civil partner of such a refugee; and
(b) is ordinarily resident in Scotland on the relevant date.
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For refugees, unlike most other students, you can reassess their entitlement from international to home fee status part way through the same level of course. Most other students have to change to a different level of course or start the same level of course again from year one before you can consider reassessing their fees from international to home. For those who are granted refugee status part way through their course, SAAS will pay the home rate of fee if they have such status on the relevant tuition fee cut-off date. This is 1 December for autumn start courses. If they get their status after the relevant tuition fee cut-off date, SAAS will pay the home rate of fee at the start of the following academic session. SAAS do however, pay living costs support from the date such status is granted.
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Schedule 1 paragraph 5 – Leave to remain (Discretionary Leave and Humanitarian Protection)
Is for
(a) a post 2011-2012 student who:
(i) applied for refugee status but was refused and instead was given leave to remain (also known as discretionary leave or humanitarian protection); and
(ii) has been ordinarily resident in the United Kingdom and Islands at all times since they were granted leave to remain
(iii) is ordinarily resident in Scotland on the relevant date; or
(b) the husband, wife or civil partner of such a person described immediately above, who is ordinarily resident in Scotland on the relevant date
For those with leave to remain given as the result of a failed refugee claim or the husband, wife or civil partner of a person with such a status, unlike most other students, you can reassess their entitlement from international to home fee status part way through the same level of course. Most other students have to change to a different level of course or start the same level of course again from year one before you can consider reassessing their fees from international to home. For those who are granted leave to remain part way through their course, SAAS will pay the home rate of fee if they have such status on the relevant tuition fee cut-off date. This is 1 December for autumn start courses. If they get their status after the relevant tuition fee cut-off date, SAAS will pay the home rate of fee at the start of the following academic session. SAAS do however, pay living costs support from the date such status is granted.
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Schedule 1 paragraph 6 – Iraqi nationals in the UK under the Locally Engaged Staff Assistance Scheme
Is for a post 2011-2012 student who:
(a) is an Iraqi national who:
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(i) has Indefinite Leave to Enter (ILE) the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Office; and
(ii) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted ILE in the UK; and
(iii) is ordinarily resident in Scotland on the relevant date; or
(b) is the husband, wife, civil partner or child of such a person described immediately above and who is also ordinary resident in Scotland on the relevant date.
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Schedule 1 paragraph 7 – Temporary protection
Is for a post 2011-2012 student who:
(a) has been granted temporary protection in the UK, who has been ordinarily resident in the United Kingdom and Islands at all times since they were first granted temporary protection; and
(b) did not attain the age of 18 years prior to the beginning of the academic year of their course; and
(c) is ordinarily resident in Scotland on the relevant date.
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Schedule 1 paragraph 8 – Young asylum seeker
Is for a post 2011-2012 student who:
(a) is the child of an asylum seeker or a young asylum seeker;
(b) is resident in Scotland on the relevant date;
(c) has been resident in Scotland throughout the period of three years immediately prior to the relevant date;
(d) was under 18 years old on the date when the application for asylum was made, which must have been made prior to 1st December 2006; and
(e) is under 25 years old on the relevant date.
You should not expect to get any young asylum seekers applying to study full time higher education courses and being eligible for home fee status as most will have had a decision made about their claim as part of the resolution of all the legacy cases.
However, until we can be certain there are no further students who this may apply to, reference to such students will remain in the regulations. If the decision was not to give them ILR outside the normal immigration rules, they are likely to have failed the asylum process and are appeal rights exhausted. So regardless of what evidence they give you to 27 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
prove they are an asylum seeker, in ALL cases you must check with the UKBA that they are. For those of you who are not already in contact with the UKBA, institutions should send an e-mail to Laura Worku ([email protected]) and she will check the case with the UKBA.
All asylum seekers remain able to access fee waivers for part-time study at non-advanced and advanced level at college.
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Schedule 1 paragraph 9 - Non-UK EU national living in the UK
Is for a post 2011-2012 student who:
(a) is, on the relevant date, a non-UK EU national or the family member of such a national;
(b) is ordinarily resident in Scotland on the relevant date. If a student does not meet this condition, you can still consider them for home fee status, if they meet the conditions set out in Schedule 2 paragraph 1 (1);
(c) has been ordinarily resident in the United Kingdom and Islands throughout the period of three years immediately prior to the relevant date. If they do not meet this condition, you can still consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5) ; and
(d) if their ordinary residence referred to in (c) above has been wholly or mainly for education, they must have been ordinarily resident in the EEA or Switzerland immediately prior to their period of residence referred to in (c).
Where a state joins the EU after the relevant date and a person is a national of that state, the requirement in (a) above to be a non UK EU national on the relevant date is treated as being satisfied.
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Schedule 1 paragraph 10 - EU nationals living in the EEA or Switzerland
(1) Is for a post 2011-2012 student who:
(a) is, on the relevant date, (i) an EU national; or (ii) the family member of an EU national accompanying or joining that EU national in the United Kingdom” and;
(b) subject to paragraph (2) below, has been ordinarily resident in the area comprising the EEA or Switzerland and the EU overseas territories throughout the period of three years immediately prior to the relevant date. If they do not meet this condition, you can still consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5)
(2) Sub paragraph 1(b) above does not apply to a family member of an EU national where that EU national has been ordinarily resident in the EEA, Switzerland and the EU overseas 28 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
territories throughout the three years prior to the relevant date and the family member is accompanying or joining the EU national in the UK. Accompanying or joining can include physically travelling to the UK with the EU national, but could also include, for example, marrying an EU national who is resident in the UK or for children of EU nationals who were born in the UK. It does mean that if a family member of an EU national travels to the UK to study but leaves the EU national on whom they would base their eligibility on behind in their home state, they would not be considered eligible. See the case studies below to clarify what this means:
Case study 1 Claude is a French national and has lived in France with his French parents up until five years ago when the whole family moved to Senegal. Claude now plans to study in Scotland, and claims that his French grandmother is still resident in France and he should therefore be eligible as her family member. However as Claude is not accompanying or joining his grandmother in the UK, he is not eligible for home fees and tuition fee support.
Case study 2
Graham is 19 and is a UK national. His parents are British and the family moved to Germany when Graham was 10 years old. Graham has been working outside the EEA and Switzerland during the three year qualifying period. As his parents exercised their right of residence, and have been living in the relevant area for the prescribed period, if Graham and his family move back to the UK, Graham will not need to meet the required three year qualifying period in the EEA and Switzerland himself and can be considered eligible for home fees. However if Graham returned to the UK alone, he would not be considered as accompanying or joining the relevant family member to the UK.
Case study 3
Ali is an Algerian national. He came to Southampton in 2011 on a two year temporary work Visa. In July 2012 he marries Aga a Polish national who has been living in Southampton for 2 years. Prior to coming to Southampton Aga had lived in Poland all her life. Ali applies for and gains a place to study at a university in Glasgow. His wife remains behind in Southampton and Ali returns there every weekend. As Ali is the family member of an EU national and that EU national has been living in the EEA for the three year qualifying period, as he wants to study in Scotland, he is likely to be eligible for home fee status.
(3) For the purpose of this paragraph, (a) an EU national does not include a United Kingdom national who has not utilised a right of residence; and (b) a United Kingdom national has utilised a right of residence if that person has – (i) 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) resided in a state – (aa) within the territory comprising the European Economic Area and Switzerland other than the United Kingdom; and (bb) of which that person is a national, in circumstances in which, had the person not been a national of that state, would have involved the person exercising a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement.
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In other words, an EU national includes:
a non-UK EU national who has lived all their life in the UK. For example if a student has French nationality, they can use their French nationality to be considered as a home fee student.
a UK national who has exercised their right of residence to live in the EEA or Switzerland at some point in their life.
(4) Where a state joins the EU after the relevant date and a person is a national of that state, the requirement in (a) above to be a non UK EU national on the relevant date is treated as being satisfied.
Also for the purpose of this paragraph, you must be satisfied that the student’s residence in the relevant area specified in 1(b) was not wholly or mainly for education. (Schedule 2 paragraph 2(3)).
Dual UK/EU nationality
Students with dual UK/EU nationality are now no longer considered eligible on the strength of their EU nationality alone. As set out in Learning and Justice Circular 2012/005, students with dual nationality must now also have exercised a right of residence elsewhere in the EEA/Switzerland or lived in the member state of which they are also a national on the same basis as if they had been exercising a right of residence (Schedule 1, Para 10 (3) (b)).
If someone who has been a UK national all their life and has lived in the UK all their life, decides to take their father’s Maltese nationality (known as nationality by descent) as well as their mother’s British nationality, and this is before the relevant date, they will also have to have lived either in Malta as if they are exercising a right of residence there (i.e. working, studying or self-sufficient for more than three months), or have exercised a right of residence in another part of the EEA/Switzerland.
In addition, a student may also be eligible for support as the family member of an EU national, without having to take that nationality themselves if they have an EU parent, however if that was the case, they would also have to be accompanying or joining that EU national in the UK (see earlier examples). So, for example, for a UK national student who has a grandparent with Irish nationality residing in Ireland, that grandparent would have to move to the UK, and be accompanied by the UK national student in order for that student to be considered eligible on the basis of being the family member of an EU national.
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Schedule 1 paragraph 11 – Child of a Swiss national
Is for a post 2011-2012 student who:
(a) is the child of a Swiss national;
(b) who has been ordinarily resident in the EEA or Switzerland throughout the three years immediately prior to the relevant date. If they do not meet this condition, you can still consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5); and
30 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
(c) if their ordinary residence referred to in (b) above has been wholly or mainly for education, they must have been ordinarily resident in the EEA or Switzerland immediately prior to their period of residence referred to in (b).
Although the child of a Swiss national does not have to be ordinarily resident in Scotland on the relevant date to qualify for home fee status, to get their fees paid by SAAS, they do. This is the only category of student within the fee regulations that you can consider assessing as a home student but may have to pay the home rate of fee themselves.
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Schedule 1 paragraph 12 – Exchange student from outside the UK
Is for a post 2011-2012 student who:
Is admitted to a course of education in pursuance of arrangements with an institution outside the United Kingdom for the exchange of students on a fully reciprocal basis.
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Schedule 1 paragraph 13 – Child of Turkish worker
Is for a post 2011-2012 student who:
(a) is the child of a Turkish worker;
(b) is ordinarily resident in Scotland on the relevant date; and
(c) has been ordinarily resident in the EEA, Switzerland or Turkey during the three years prior to the relevant date. If they do not meet this condition, you can still consider them as a home fee student if they meet the exceptions in Schedule 2 paragraph 2(4) and Schedule 2 paragraph 2(5) .
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31 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
5. Schedule 2 – ordinary residence (in Scotland and the relevant area)
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Schedule 2 has effect as regards determining whether a person is to be treated, for the purposes of regulation 3 or Schedule 1, as being, or having been, ordinarily resident in a place at, or for, a particular time’. (Regulation 5 refers).
If a person is not ordinary resident in Scotland or the relevant area (UK and Islands, EU, EU overseas territories, EEA, Switzerland or Turkey) throughout the three years immediately prior to the relevant date, you can consider them for home fee status if they meet one of the conditions set out in the following paragraphs in Schedule 2.
Paragraph 1(1) - temporary absence from Scotland for those that qualify by virtue of regulation 3 and Sch1 para 9(1)(b) only
Paragraph 1(2) - In Scotland for education only for those that qualify by virtue of regulation 3 only
Paragraph 1(3) - In Scotland for education, allowed for non-UK EU nationals
Paragraph 2(1) - Ordinary residence in the relevant area (UK, EU, EU overseas territories, EEA, Switzerland and Turkey
Paragraph 2(2) – In the relevant area for education only for those that qualify by virtue of regulation 3(b)
Paragraph 2(3) - In the relevant area for education only for those that qualify by virtue of Sch 1 paragraph 10(1)(b)
Paragraph 2(4) - Born in and spent the greater part of their life in the relevant area
Paragraph 2(5) - temporary absence from the relevant area
Paragraph 3(1) - definition of an independent student for the purpose of Sch 2 paragraph 2(4)(a)
Paragraph 3(1) - definition of independent status for the purpose of Sch 2 paragraph 3(1)(e)
Schedule 2 paragraph 1(1)
This paragraph applies to those who do not meet the requirement of being ordinarily resident in Scotland on the relevant date referred to in regulation 3(a) and Schedule 1 paragraph 9(1)(b) only. It allows the student to be treated as if they were resident in Scotland on the relevant date if they were not actually resident because:
(a) they (the student) or their husband, wife or civil partner or either of their parents; or
(b) in the case of a dependant direct relative in the ascending line, the child upon whom that student was dependent or that child’s husband, wife or civil partner, 32 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
were temporarily employed, attending a course of study or undertaking postgraduate research outside Scotland. See the sections on temporary absent from Scotland on the relevant date (2.17) and Children of armed forces (2.18) for detailed information.
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Schedule 2 paragraph 1(2)
This paragraph explains that residence in Scotland on the relevant date, as defined in regulation 3(a), cannot be regarded as ordinary residence if such residence is wholly or mainly for education.
If you are satisfied that a student’s residence in Scotland on the relevant date, referred to in regulation 3(a), is not ‘ordinarily’ and is instead attributable to, or connected with, any period of residence in Scotland within the three years immediately prior to the relevant date, that is wholly or mainly for education, you can consider refusing home fee status. See sections 2.6 to 2.21 for scenarios of residence that may or may not be ordinarily.
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Schedule 2 paragraph 1(3)
This paragraph explains that Schedule 2 paragraph 1(2) does not apply to those who have been living in Scotland wholly or mainly for education for three years or more, if they are an EU (non UK) national or family member of such who is exercising their treaty right under the Directive 2004/38.
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Schedule 2 paragraph 2(1)
This paragraph highlights the regulation (which is 3(b)) and paragraphs within Schedule 1 that you can apply sub paragraphs 2 to 5 of Schedule 2 to.
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Schedule 2 paragraph 2(2)
This paragraph explains that residence in the relevant area for the specified period prior to the relevant date, as defined in regulation 3(b), cannot be regarded as ordinary residence if such residence is wholly or mainly for education.
If you are satisfied that a student’s residence in the relevant area for the specified period prior to the relevant date, referred to in regulation 3(a), is not ‘ordinarily’ and is instead wholly or mainly for education, you can consider refusing home fee status.
The exception to the above is for those who have been living in Scotland wholly or mainly for education for the specified period or more if they are an EU (non UK) national or family member of such who is exercising their treaty right under the Directive 2004/38.
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33 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
Schedule 2 paragraph 2(3)
This paragraph explains that residence in the relevant area for the specified period prior to the relevant date, as defined in Schedule 1 paragraph 10(1)(b), cannot be regarded as ordinary residence if such residence is wholly or mainly for education.
If you are satisfied that a student’s residence in the relevant area for the specified period prior to the relevant date, referred to in Schedule 1 paragraph 10(1)(b), is not ‘ordinarily’ and is instead wholly or mainly for education, you can consider refusing home fee status.
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Schedule 2 paragraph 2(4)
This paragraph explains that a student should be treated as being ordinarily resident in the relevant area if they were born in and have spent the greater part of their life in the relevant area and;
(a) their parents or either of them have been ordinarily resident in the relevant area throughout the specified period and the student is not an independent student (as defined in schedule 2 paragraph 3(1)); or
(b) the student has been ordinarily resident in the relevant area for at least one year of the specified period and, in the case of those qualifying by virtue of regulation 3 or Schedule 1 paragraph 10, no part of that residence was wholly or mainly for the purpose of receiving full time education.
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Schedule 2 paragraph 2(5)
This paragraph applies to those who do not meet the requirement of being ordinarily resident in the relevant area during the qualifying period. It allows the student to be treated as if they were resident in the relevant area if they were not actually resident because:
(a) the student or their husband, wife or civil partner or either of their parents; or
(b) in the case of a dependant direct relative in the ascending line, the child upon whom that student was dependent or that child’s husband, wife or civil partner, were temporarily employed, attending a course of study or undertaking postgraduate research outside Scotland
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Schedule 2 paragraph 3(1)
This paragraph defines, for the purpose of Schedule 2 paragraph 2(4)(a) what and independent student is.
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34 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
Schedule 2 paragraph 3(2)
This paragraph defines what we mean by a self supporting student for the purpose of Schedule 2 paragraph 3(1)(e).
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35 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
6. Summary of those required to be ordinary resident in Scotland on the relevant date
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UK nationals and family members of such who lived in the UK and exercised their right of residence to live elsewhere in the EU, EEA and Switzerland (Schedule 1 paragraph 3)
Refugees (Schedule 1 paragraph 4)
Failed refugee claimants who have instead been given limited leave to remain, which would be Humanitarian Protection or Discretionary Leave (Schedule 1 paragraph 5)
Iraqi nationals in the UK under the Locally Engaged Staff Assistance Scheme (Direct entry) operated by the Home Office (Schedule 1 paragraph 6).
Those with Temporary Protection in the UK (Schedule 1 paragraph 7)
Child of an asylum seeker (Schedule 1 paragraph 8)
EU (non UK) nationals and family members of such living in the UK for the three year qualifying period (Schedule 1 paragraph 9)
Child of a Turkish worker (Schedule 1 paragraph 13)
36 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
7. Summary of those NOT required to be ordinary resident in Scotland on the relevant date
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The following categories of student do not have to meet the normal requirement of being ordinary resident in Scotland on the relevant date.
EEA migrant workers or an EEA self employed person (Schedule 1 paragraph 1(a)(i))
Swiss employed person or a Swiss self-employed person (Schedule 1 paragraph 1(a)(ii))
EEA frontier worker or an EEA frontier self-employed person (Schedule 1 paragraph 1(a)(iii))
Swiss frontier worker or a Swiss frontier self-employed person (Schedule 1 paragraph 1(a)(iv))
The family member (as defined in regulation 2) of the four categories above (Schedule 1 paragraph 2(a)(i))
EU nationals (except UK nationals who have not utilised a right of residence) living in the EEA/Switzerland for the three year qualifying period and their family members who do not have to live in the EEA/Switzerland for the three year qualifying period (Schedule 1 paragraph 10)
Child of a Swiss national (Schedule 1 paragraph 11)
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8. Categories in the 2007 regulations removed from the 2011 regulations
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8.1 British Overseas Territories (BOT’s)
8.2 EU Overseas Territories (EUOT’s) and EU Overseas nationals
8.1 British Overseas Territories (BOT’s)
In 2007, a regulation was introduced into the Education (Fees and Awards) (Scotland) Regulations to allow BOT nationals, who were resident in the UK or the BOTs for the three year qualifying period, home fee status . However, it has been agreed for the new Education (Fees)(Scotland) Regulations 2011 that the BOT nationals should be treated the same as RUK students. So this has therefore been removed from the new fee regulations. However, it still remains that those nationals from the European Overseas Territories (EUOTs) are eligible for home fee status if they meet the relevant criteria. The BOTS are as follows:
Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory British Virgin Islands Cayman Islands Ducie and Oeno Islands Falkland Islands Gibraltar Montserrat Pitcairn South Georgia and the South Sandwich Islands St Helena and Dependencies (Ascension Island and Tristan de Cunha) Turks and Caicos Islands
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8.2 EU Overseas Territories (EUOTs) and EU Overseas nationals
Reference to EUOT nationals has been removed from the Education (Fees)(Scotland)Regulations 2011 because the EU have always regarded the EUOT nationals as EU nationals. So when we make reference to EU we are including the EUOTs. For reference, the list of EUOTs is still in the regulations,, they are as follows.
Aruba Faeroe Islands French Polynesia French Southern and Antarctic Territories Greenland Mayotte Netherlands Antilles (Bonaire, Curcao, Saba, Sint Eustatius and Sint Maarten)
38 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
Territory of New Caledonia and Dependencies St Pierre et Miquelon Wallis and Futuna Islands
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39 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
9. Students with different circumstances (deferred entry, articulating from RUK to Scotland, nursing, AHP, intercalating medicine)
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9.1 Deferred entry students
9.2 Articulating students from the rest of the UK
9.3 Nursing students
9.4 AHP students
9.5 Intercalating medicine, dentistry and veterinary medicine students
9.1 Deferred entry students
In the regulations (regulation 2(1)), a Deferred student is a student, who is not an excluded medical student, who has been accepted on to a course of education at a fundable body and has agreed in writing with that fundable body before 1st August 2011, to defer entry to that course
If a student (other than a medical student) accepts a place on a course before 1 August 2011 and has the permission of the institution to defer entry until 2012, you should assess their fee status under the 2007 regulations and not the new 2011 regulations. This means they do not have to be ordinarily resident in Scotland on the relevant date.
For deferred medical students (known as excluded medical students) who, between 1 August 2005 and 31 July 2011, got written approval form their institution to defer entry to their course, you should assess their fee entitlement under the 2011 regulations and not the 2007 regulations like you would do for normal deferred students. This is because the fee rate for medicine students is reverting to the standard tuition fee rate of £1,820 from session 2012-2013. t. If deferred entry medical students are treated like all other deferred entry students, they would be charged fees of £2,985. This would obviously be more than those who did not defer entry studying in 2012-2013.
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9.2 Articulating students from the rest of the UK
Students progressing from an HNC/HND in the rest of the UK to an HND/degree in Scotland, will have paid home fees of £3,375 for their HNC/HND. However, you can now charge them fees of up to £9,000 a year for their HND or degree. This is because, you can now assess their eligibility at the start of each level of course. For such students, SFE will only offer them the lower level of fee loan (£3,375) and not £9,000 as under their regulations they still regard the student as being on a continuous programme of study. Therefore you may want to consider the level of fee you charge RUK articulating students
40 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
as they will have to find the shortfall in fees of £5,625 themselves. This will also apply for RUK students articulating within a Scottish institution.
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9.3 Nursing students
For 2012-2013, higher education institutions have voluntarily agreed to retain the current arrangements for Scottish domiciled, RUK and other EU nursing and midwifery entrants
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9.4 Allied Health Professional students
Eligible AHP students from the rest of the UK studying in Scotland are currently entitled to home fee status which SAAS pay. From session 2012-2013, Student Finance England have already agreed to pay the £9,000 fee for our Scottish domiciled students doing an AHP course in England. Therefore, under the reciprocal agreement across the UK, SAAS will pay fees for RUK students coming to Scotland to do an AHP course. It is up to you what you charge these students, bearing in mind, you will not be getting any of the teaching funding grant from the SFC.
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9.5 Intercalating medicine, dentistry and veterinary medicine students
Although the intercalated year is a completely different course from their main degree, which they gain a degree qualification from, for fee assessment purposes, you should treat this as a continuous programme of study. This means that for those who started their main degree in the rest of the UK before session 2012-2013 who choose to do their intercalated year at a different institution, although they are new to that institution, you should not charge them the new higher fee amount. If their intercalated year is at degree level, you should charge them the continuing fee level. If it is a postgraduate course, you should charge them the normal fee level for that postgraduate course. When students return to their main degree after their intercalated year, you should also charge them the continuing fee amount.
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41 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
10. Further help/information
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If you need any further help or guidance or wish to discuss an individual case please do not hesitate to contact us:
SAAS
Policy Officer Leia 0131 244 [email protected]. Fitzgerald 5935 uk If you think that a student has provided us with false or fraudulent information you can contact our Fraud team:
SAAS Fraud Unit Gyleview House 3 Redheughs Rigg Edinburgh EH12 9HH
Phone: 0300 300 3138 (you should not use this number to enquire about general student funding). [email protected] (you should not use this email address to enquire about general student funding)
Please be aware that our fraud team can only investigate fraudulent cases relating to SAAS funding. They cannot look into cases where the fraudulent actively relates to a claim for home fee status only.
If you need to check a student’s immigration status you can contact the UKBA: http://www.ukba.homeoffice.gov.uk/aboutus/contact/contactspage/contactcentres/
Or contact Laura Worku or Leia Fitzgerald who can forward your query on to our contacts in the UKBA.
Scottish Government
Policy Officer Laura Worku 0300 244 [email protected]. 6756 uk
Sign up to the new Scottish HE Residency Forum on Knowledge Hub – sign up for an account on the site and apply to join the group or contact Laura or Leia.
42 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
11. Glossary of new terms in the regulations
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Course of education - a programme of education leading to: An ordinary or honours degree; Higher National Diploma Higher National Certificate Any other eligible programme of education determined by Scottish Ministers
Deferred student - a student, who is not an excluded medical student, who has been accepted on to a course of education at a fundable body and has agreed in writing with that fundable body before 1st August 2011, to defer entry to that course
EEA agreement – the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
Excluded medical student – a student who:
(has been accepted on to a Bachelor of Surgery degree course or a Bachelor of Science course which is a preparatory course for the study of a Bachelor of Medicine and Bachelor of Surgery course at a fundable body and has agreed in writing with that fundable body, during the period beginning on 1st August 2005 and ending on 31st July 2011, to defer entry to that course; and
has a relevant connection with Scotland, or is an excepted student, within the meaning of these regulations
Family members - means in relation to any person - (a) their spouse or civil partner; or (b) their direct dependants or those of their spouse or civil partner who are - (i) Under the age of 21; or (ii) Their dependants or those of their spouse or civil partner; or (c) their dependent direct relatives in the ascending line or those of their spouse or civil partner.
Fundable body - a fundable body providing fundable higher education in terms of section 5(3) of the Further and Higher Education (Scotland) Act 2005.
Post 2011/2012 student - means a student, who is not a deferred student, who commences a course of education at a fundable body on or after 1st August 2012.Relevant date 1st August for a course starting in the period 1st August to 31st December 1st January for a course starting in the period 1st January to 31st March 1st April for a course starting in the period 1st April to 30th June 43 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
1st July for a course starting in the period 1st July to 31st July
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12. Annex 1 – Boarding Schools in Scotland
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School Name Address
Holistic Child Care and Education, Closeburn Closeburn House and Maben House House, Closeburn, Nr Thornhill, Dumfries and Galloway, DG3 5HP
Milliken Park, Howwood Road, Kilbarchan, Corseford School - Capability Renfrewshire, PA10 2NT Scotland
Daldorch House School and Sorn Road, Catrine, East Ayrshire, KA5 6NA Continuing Education Centre
Dollar Academy Dollar, Clackmannanshire, FK14 7DU
Donaldson's Preston Road, Linlithgow, West Lothian, EH49 6HZ
Falkland House School Falkland Estate, Falkland, Fife, KY15 7AE
Fettes College Carrington Road, Edinburgh, EH4 1QX
Glenalmond College Glenalmond, Perth, PH1 3RY
Gordonstoun School Elgin, Moray, IV30 5RF
Harmeny School Mansfield Road, Balerno, Edinburgh, EH14 7JY
Hillside School Hillside, Aberdour, Fife, KY3 0RH
Hutchesons' Grammar School 21 Beaton Road, Glasgow, G41 4NW
Kilgraston Bridge of Earn, Perth, PH2 9BQ
Lathallan School Brotherton Castle, Johnshaven, by Montrose, Angus, DD10 0HN
10 Stafford Street, Helensburgh, Argyll and Bute, Lomond School G84 9JX
1-7 Linkfield Road, Musselburgh, East Lothian, Loretto School EH21 7RE
Colinton Road, Edinburgh, EH13 0PU Merchiston Castle School
21 Edinburgh Road, Bathgate, West Lothian, Moore House School EH48 1EX 45 Student Awards Agency for Scotland – Fee assessment guidance, 1st edition, session 2012-13
Queen Victoria School Dunblane, Perthshire, FK15 0JY
Trojan House, Pegasus Avenue, Phoenix Business Spark of Genius Park, Paisley, Renfrewshire, PA1 2BH
St George's School Garscube Terrace, Edinburgh, EH12 6BG
South Street, St Andrews, Fife, KY16 9QJ St Leonards School
Coates Hall, 25 Grosvenor Crescent, Edinburgh, St Mary's Music School EH12 5EL
Stanmore Drive, Lanark, South Lanarkshire, Stanmore House School ML11 7RR Capability Scotland
Aberdour Road, Burntisland, Fife, KY3 0AG Starkly Hall School
Stewart's Melville College Queensferry Road, Edinburgh, EH4 3EZ
Strathallan School Forgandenny, Perthshire, PH2 9EG
The Mary Erskine School Ravelston, Edinburgh, EH4 3NT
The New School Butterstone, Dunkeld, Perthshire, PH8 0HJ
The Royal Blind School Craigmillar Park, Edinburgh, EH16 5NA
Troup House School Gamrie, Banffshire, AB45 3JN
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13. Annex 2 – SAAS residence enquiry forms
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Below is a list of residence enquiry forms that SAAS use to determine if a person is entitled to student support on the grounds that they are temporary absent from their place of normal residence (UK or EEA) during the three year qualifying period and from Scotland on the relevant date.
These forms are purely for you to see what information SAAS are looking for in such cases in order for them to make a decision on whether they can offer student support or not. You may find this helpful in designing or adjusting any residence enquiry forms that you want to create or already have. You should NOT send these forms out to students as they are designed by SAAS for student support purposes only.
In the following pages you will find a copy of the first set of four forms for those who are or have been absent from the UK. The forms for those that are or have been absent from the EEA (the second set of forms) are exactly the same as the first set but they refer to the EEA instead of the UK.
SAAS also have residence enquiry forms for students who have been living in the UK or the EEA during the three year qualifying period who have not given them all the information they need on their original application form to make an assessment (set 3 and 4) .
SAAS are in the process of designing a new form for those who have moved from the UK to Scotland who have lived in Scotland for less than one year. Once complete, this will be included in the guidance.
1. AB10’s for temporary absence form the UK only
Form AB10A UK – student to fill in for UK national living abroad Form AB10B UK – parents to fill in for UK national living abroad Form AB10C UK – student to fill in for UK national back living in the UK Form AB10D UK – parent to fill in for UK national back living in the UK
2. AB10’s for temporary absence from the EEA only
Form AB10A EEA – student to fill in for EEA national living abroad Form AB10B EEA – parents to fill in for EEA national living abroad Form AB10C EEA – student to fill in for EEA national back living in the EEA Form AB10D EEA – parent to fill in for EEA national back living in the EEA
3. AB10’s for further info only for those living in the UK
From AB10E UK – further residence/education/employ student only Form AB10F UK – further residence/education/employ parents only
4. AB10’s for further information only for those living in the EEA
From AB10E EEA – further residence/education/employ student only Form AB10F EEA – further residence/education/employ parents only
Student Awards Agency for Scotland Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH Telephone: 0300 555 0505 Fax: 0131 244 5887 website: www.saas.gov.uk
Residence eligibility enquiry form
To be eligible for support from us, you must meet the residence eligibility conditions of the Students’ Allowances Scheme. In order to work out if you are eligible we need more information from you. I would therefore be grateful if you could fill in this form and send it back to us as soon as possible. We cannot process your application until you do so.
Your personal details SAAS reference: «student's ref no or team number» Surname: ……………………………………………………..
Date of birth: First name and initials: ………………………………………. Place of birth: ………………………………………………… Nationality: …………………………………………………….
Your institution and course details Full name of the college or university you intend to study at: ………………………………………………………………….. Full qualification level and title of your course: ……………….………………………………………………………………….. Start date: …………………………………………………………………………………………………………………………….
Your residence details Your current address: ……………………………………….. Your parents’ current address: …………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………..
Who do you live with, if not your parents? ………………………………………………………………………………………..
Country/countries you have lived in outside the UK If you have lived in the UK please give us your address in (including dates): the UK immediately before you went abroad : ...... ………………………………………………… …………………………………………………………………. ……………………………..…………………………………... …………………………………………………………………......
Date you left the UK to go abroad: Reason for leaving the UK: ………………………………………………………………………………………………………
Date you returned or intend to return to the UK: Reason for your return to the UK: ………………………………………………………………………………………………..
What is your immigration status in the country you are living in? ………………………………………………………………..………………………………………………………………………
Address in the UK that you have returned to, or you All address you have lived at since you last entered the intend to return to: UK: ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………..
48 abcde a An Agency of the Scottish Government ======AB10A UK
Education details
Please give details of all previous education both within the UK and other countries (please state whether you were a boarder or day pupil).
Name and address of Country Dates in attendance Were you a Level of Qualification school or college From To boarder or education gained a day pupil
Employment/self-employment/unemployment
Please give the names and addresses of all your employers since leaving school, both within the UK and other countries. You should also include any periods of self-employment and unemployment. If you have been employed abroad, please state the nature of employment and whether your contract was single, fixed term, renewable, open- ended or multiple in succession.
Name of employer Country Dates of employment Occupation (including grade/title) From To
Have you at any time paid UK Income Tax? Yes No If ‘yes’, please give us details ………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………
Please use this space to give us any other information which you feel may be relevant to your application
......
Declaration (you must sign this)
To the best of my knowledge and belief, the details I have given are complete and accurate. I agree to give you any further information you may ask for. I understand that if I give you false information or do not give you complete information, you may prosecute me and withdraw the support. I agree to repay any amount I have received, or that is paid on my behalf, which is more than the award due to me.
Signature: …………………………………………………………………….…. Date: ……………………………………..
49 abcde a An Agency of the Scottish Government ======AB10A UK=
Student Awards Agency for Scotland Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH Telephone: 0300 555 0505 Fax: 0131 244 5887 website: www.saas.gov.uk
Residence eligibility enquiry form
To be eligible for support from us, your son or daughter or husband, wife or civil partner must meet the residence eligibility conditions of the Students’ Allowances Scheme. In order to work out if they are eligible we need more information from you. I would therefore be grateful if you could fill in this form and send it back to us as soon as possible. We cannot process their application until you do so. Please use black ink.
Applicant’s details
SAAS reference: «student's ref no or team number» Name: ………………………………………………………… Full name of the college or university they intend to study at in session 2012-2013: .……………………………………………………………………………………………………………………………………….. …………………………… ……………………………………………………………Start date: …………………………………
Parents’, husband’s or wife’s, partner’s or civil partner’s personal details Surname: ………………………………………….. ………………………………………….. First name and initials: ………………………………………….. ………………………………………….. Place of birth: ………………………………………….. ………………………………………….. Nationality: ………………………………………….. ………………………………………….. Occupation: ………………………………………….. …………………………………………..
Parents’, husband’s or wife’s, partner’s or civil partner’s residence details Present address: ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Last permanent address in the UK : ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Reason for leaving the UK: ………………………………………….. ………………………………………......
Date of taking up residence abroad:
Date you plan to return to the UK : Address in the UK that you plan to ………………………………………….. ………………………………………….. return to: …………………………………………...... ………………………………………….. …………………………………………..
Parents’, husband’s or wife’s, partner’s or civil partner’s employment/self employment Name of your employer: ………………………………………….. ………………………………………….. Address of your employer: ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………. Address of your employer’s head ………………………………………….. ………………………………………….. office: ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Date of taking up your present post:
50 abcde a An Agency of the Scottish Government AB10B UK
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What type is your contract? ………………………………………….. ………………………………………….. (for example, single, fixed term, ………………………………………….. ………………………………………….. Renewable, open-ended) ………………………………………….. …………………………………………..
What is your immigration status in ………………………………………….. ………………………………………….. the country you are working in? ………………………………………….. …………………………………………..
Were you employed abroad before Yes No Yes No your present contract? If ‘yes’, ………………………………………….. …………………………………………… please give details of all your ………………………………………….. …………………………………………… employment abroad (employer, ………………………………………….. …………………………………………… country, dates of employment, ………………………………………….. ……………………………………………
Did you return to the UK at the end Yes No Yes No of each contract? If ‘yes’, to which ………………………………………….. ………………………………………….. address(es) and for how long? ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Are you paying UK income Tax on your main earned income Yes No Yes No
Did your husband, wife, civil partner and family go abroad with you? Yes No If ‘no’, please give us the address Where they stayed while you were abroad: ………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………
Do you maintain a home in the UK while abroad? Yes No If ‘yes’, please give us the address: ………………………………………………………………………………………………………………………………………….
Date of purchase:
Do you rent out the house when you are living abroad? Yes No
If you do not rent out your house, does a member of your family live in the house? Yes No If ‘yes’, Please tell us who lives in the house and give us all the dates they have lived there: .. ……………………………………. …………………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………………………….
Please us this space to give us any other information which you feel may be relevant to the application …………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………………………….
Declaration of applicant’s parents’, husband’s or wife’s, partner’s or civil partner’s (you must sign this) To the best of my knowledge and belief, the details I have given are complete and accurate. I agree to give you any further information you may ask for. I understand that if I give you false information or do not give you complete information, you may prosecute me, withdraw the support and recover any money you have paid. Signature: ……………………………………………………………………………… Date: ……………………………..
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Student Awards Agency for Scotland Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH Telephone: 0300 555 0505 Fax: 0131 244 5887 website: www.saas.gov.uk
Residence eligibility enquiry form
To be eligible for support from us, you must meet the residence eligibility conditions of the Students’ Allowances Scheme. In order to work out if you are eligible we need more information from you. I would therefore be grateful if you could fill in this form and send it back to us as soon as possible. We cannot process your application until you do so. Please use black ink.
Your personal details SAAS reference: «student's ref no or team number» Surname: ……………………………………………………..
Date of birth: First name and initials: ………………………………………. Place of birth: ………………………………………………… Nationality: …………………………………………………….
Your institution and course details Full name of the college or university you intend to study at: …………………………….…………………………………………………………………………………………………………… Full qualification level and title of your course: ……………….…………………………………………………………………..
Start date:
Your residence details Your current address: ……………………………………….. Your parents’ current address: …………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………..
Who do you live with, if not your parents? ………………………………………………………………………………………..
Country/countries you have lived in outside the UK If you have lived in the UK please give us your address in (including dates): the UK immediately before you went abroad : ...... ………………………………………………… …………………………………………………………………. ……………………………..…………………………………... …………………………………………………………………......
Date you became resident in the UK: Reason for entering to the UK: ………………………………………………………………………………………………….
Do you plan to stay in the UK after you have finished your course of study? Yes No
What was your immigration status in the country or countries you lived in outside the UK? …………………………………………………………………………….. ………………………………………………………….
Your address before taking up residence in the UK: All address you have lived at since you last entered the ……………………………………………………………….... UK: ……………………………………………………………. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………..
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Education details
Please give details of all previous education both within the UK and other countries (please state whether you were a boarder or day pupil).
Name and address of Country Dates in attendance Were you a Level of Qualification school or college From To boarder or education gained a day pupil
Employment/self-employment/unemployment
Please give the names and addresses of all your employers since leaving school, both within the UK and other countries. You should also include any periods of self-employment and unemployment. If you have been employed abroad, please state the nature of employment and whether your contract was single, fixed term, renewable, open-ended or multiple in succession.
Name of employer Country Dates of employment Occupation (including grade/title) From To
Have you at any time paid UK Income Tax? Yes No If ‘yes’, please give us details ………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………
Please use this space to give us any other information which you feel may be relevant to your application ………………………………………………………………………………………………………………………………………… ...... ……………………………………………………………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………………………………………......
Declaration (you must sign this)
To the best of my knowledge and belief, the details I have given are complete and accurate. I agree to give you any further information you may ask for. I understand that if I give you false information or do not give you complete information, you may prosecute me and withdraw the support. I agree to repay any amount I have received, or that is paid on my behalf, which is more than the award due to me.
Signature: …………………………………………………………………….…. Date: ……………………………………..
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Student Awards Agency for Scotland
Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH Telephone: 0300 555 0505 Fax: 0131 244 5887 website: www.saas.gov.uk
Residence eligibility enquiry form
To be eligible for support from us, your son or daughter or husband, wife, partner or civil partner must meet the residence eligibility conditions of the Students’ Allowances Scheme. In order to work out if they are eligible we need more information from you. I would therefore be grateful if you could fill in this form and send it back to us as soon as possible. We cannot process their application until you do so. Please fill in black ink.
Applicant’s details
SAAS reference: «student's ref no or team number» Name: …………………………………………………………. Full name of the college or university they will be studying at in session 2012-2013: ………………………………………. …………………………… ……………………………………………………………………………………………………………
Parents’, husband’s or wife’s, partner’s or civil partner’s personal details Surname: ………………………………………….. ………………………………………….. First name and initials: ………………………………………….. ………………………………………….. Place of birth: ………………………………………….. ………………………………………….. Nationality: ………………………………………….. ………………………………………….. Occupation: ………………………………………….. …………………………………………..
Parents’, husband’s or wife’s, partner’s or civil partner’s residence details Present address: ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Last address abroad before you ………………………………………….. ………………………………………….. Returned to the UK: ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Reason for leaving the UK: ………………………………………….. ………………………………………......
Date of taking up residence abroad:
Date you returned to the UK:
Parents’, husband’s or wife’s, partner’s or civil partner’s employment/self employment while you were abroad Name of your employer: ………………………………………….. ………………………………………….. Address of your employer: ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………. Address of your employer’s head ………………………………………….. ………………………………………….. office: ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Date of taking up this post:
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What type was your contract? …………………………………………. ………………………………………….. (for example, single, fixed term, ………………………………………….. ………………………………………….. renewable open-ended) ………………………………………….. ………………………………………….. What was your immigration status ………………………………………….. in the country or countries you have ………………………………………….. worked in? …………………………………………..
Were you employed abroad before Yes No Yes No this contract? If ‘yes’ please ………………………………………….. ………………………………………….. give details of all your employment ………………………………………….. …………………………………………… Abroad (employer, country, dates of ………………………………………….. …………………………………………… employment, position held) …………………………………………. ……………………………………………
Did you return to the UK at the end Yes No Yes No of each contract? If ‘yes’ to which ………………………………………….. ………………………………………….. address(es) and for how long? ………………………………………….. ………………………………………….. ………………………………………….. …………………………………………..
Did you pay UK Income Tax on your main earned income? Yes No Yes No
Did your husband, wife or civil partner and family go abroad with you? Yes No If ‘no’ please give us the address Where they stayed while you were abroad: ………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………
Did you maintain a home in the UK while you are abroad? Yes No If ‘yes’ please give us the address: ……………………………..………………………………………………………………………………………………………….
Date of purchase: d d m m y y y y
Did you rent out the house when you were living abroad? Yes No
If you did not rent out your house, did a member of your family live in the house? Yes No If ‘yes’ please tell us who lived in the house and give us all the dates they lived there: .. ……………………………………. ………………………………………………………………………………………………………………………………………….
Please us this space to give us any other information which you feel may be relevant to the application …………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………………………….
Declaration of applicant’s parents’, husband’s or wife’s, partner’s or civil partner’s (you must sign this) To the best of my knowledge and belief, the details I have given are complete and accurate. I agree to give you any further information you may ask for. I understand that if I give you false information or do not give you complete information, you may prosecute me, withdraw the support and recover any money you have paid.
Signature: ……………………………………………………………………………… Date: ……………………………..
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14. Annex 3 (back to main index)
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15. Annex 4 (back to main index)
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16. Alpha index
(back to main index)
AHP students
Amendments/what's new in the 20011 regulations
Armed forces children
Articulating students from the rest of the UK
Assessing fee status at the start of a course of education - regulation 2(5) and regulation 2(6)
Asylum seekers (young)
Boarding Schools in Scotland
Born in and spent the greater part of their life in the relevant area
Change of fee status during a course due to subsequent information being made available
Child of a Swiss national
Child of Turkish worker
Children of armed forces
Countries that join the EU
Course of education - definition
Deferred entry students
Discretionary Leave
Dual nationality
EEA agreement
EEA frontier workers/self employed person
EEA migrant workers/self employed person
Employment in Scotland – deciding if it is temporary or permanent
EU Overseas Nationals
EU Overseas Territories (EUOTs)
Exchange student from outside the UK
Excluded medical student
Families who move permanently from the rest of the UK to Scotland
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Family members of EEA/Swiss migrant workers/self employed person and EEA/Swiss frontier workers
Frontier workers/self employed person
Fundable body
Gap year taken in the EU, EEA or Switzerland – are they exercising their treaty right?
Guardian in Scotland for those who normally live in the RUK because they are at a boarding school in Scotland
Glossary of new terms in the regulations
Holiday homes in Scotland
Humanitarian Protection
Intercalating medicine, dentistry and veterinary medicine students
Iraqi nationals in the UK under the Locally Engaged Staff Assistance Scheme
Leave to Remain in the UK
Legislation - copy of The Education (fees)(Scotland)Regulations 2011
Live in Scotland but works in the rest of the UK
Nationality on the relevant date for non-UK EU nationals
Non-UK EU national - definition
Non-UK EU national living in the EEA or Switzerland
Non-UK EU national living in the UK
Nursing students
Ordinary residence in Scotland on the relevant date - regulation 3
Ordinary resident in Scotland on the relevant date - who DO NOT require this
Ordinary resident in Scotland on the relevant date - who do required this
Ordinary residence in the UK and Islands for the three years prior to the relevant date - regulation 3
Parent of RUK student who moves to Scotland with the student to be ordinarily resident but once this is established, the parent moves back to the rest of the UK
Parents who moved recently from Scotland to the rest of the UK but left the student in Scotland with relatives
Post 2011/2012 student
Prisoners in Scotland
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Relevant area
Relevant date
Restricted residence outside Scotland due to a court order
Regulation 3
RUK students who want to study at a college in Scotland
RUK students who want to study at a university in Scotland
RUK students with a guardian in Scotland
SAAS contact
SAAS residence enquiry forms
Schedule 1 – excepted students
Schedule 2 – ordinary residence
Scottish Government contact
Separated parents where one lives in Scotland
Settled status in the UK within the meaning of the immigration act
Swiss employed person/self employed person
Temporary absent from Scotland on the relevant date
Temporary protection in the UK
UCAS offer and subsequent school references
UK nationals who left the UK, were living in the EEA or Switzerland who now live in the rest of the UK
UK nationals who left Scotland to live in the EEA or Switzerland
Young asylum seeker
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