Question to the Department for Education:

To ask the Secretary of State for Education, with reference to university tuition fees for prospective students starting courses in the academic year 2021-22 who have been granted settled status under the EU Settlement Scheme, whether the three-year residency rule relating to eligibility for home fee status excludes those ordinarily resident for the purpose of receiving full-time education in the last three years; what determines the main purpose of residence for a person who has been ordinarily resident in the UK to live with family or a partner as well as receiving full-time education during that same time period; and if his Department will expand the section entitled Settled status on page 4 to 5 of its document entitled, New eligibility rules for home fee status and student finance for the 2021-22 academic year, published in December 2020, to ensure that information on that matter is clear for prospective students.

EU, other European Economic Area (EEA) and Swiss nationals, and their family members who are covered by the Withdrawal Agreements will continue to have access to home fee status and student financial support on broadly the same basis as now, subject to meeting the usual residency requirements, which are unchanged. Generally, this covers those who:

• are living in the UK by 31 December 2020 having exercised a right to reside under EU law, the EEA Agreement or the Free Movement of Persons Agreement; and
• continue to live in the UK after 31 December 2020.

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

From 1 July 2021, a person eligible for the EUSS will be able to make a late application where there are reasonable grounds why they missed the 30 June 2021 deadline.

Those covered by the Withdrawal Agreement, and who have been granted settled status under the EU Settlement Scheme, will generally be eligible for home fee status, tuition fee, and maintenance support if they have been ordinarily resident in the UK and Islands for at least 3 years.

In a case where that person's ordinary residence in the UK and Islands was wholly or mainly for the purpose of receiving full-time education, they must have been ordinarily resident in the UK, Gibraltar, the European Economic Area or Switzerland immediately beforehand.

The requirement that ordinary residence be not wholly or mainly for the purpose of education is not a new requirement. It formed part of the previous rules which have been retained post-exit for those with EU settled status.

Student Finance England will determine on a case-by-case basis whether an applicant has been resident in the UK wholly or mainly for the purpose of receiving full-time education. However, generally a student would not be prevented from qualifying for support simply because they have been receiving full-time education during some or all of the 3 year prescribed period where, for example, the main purpose of their residence in the UK is to be with their family.

All settled persons who are not covered by the Withdrawal Agreement, including British citizens, must meet the requirement to have been ordinarily resident in the UK and Islands for at least 3 years, and not wholly or mainly for the purposes of education.

The department regularly reviews its guidance and will publish updates in due course.