Definitions of fee status terms
Definitions of some of the terms that you will come across when working out your fee status.
‘Ordinary residence’ is defined as ‘habitual and normal residence in one place’. This does not include periods of time spent in another country for the purpose of education.
Temporary absences from a country are excluded and where it can be demonstrated that you have been absent due to your or a family member's temporary employment (see definition below).
The date used to calculate a fee assessment. The relevant date will depend on the start date of the programme.
For courses starting:
- 1 August to 31 December
- the relevant date is 1 August in that year
- 1 January to 31 March
- the relevant date is 1 January in that year
- 1 April to 30 June
- the relevant date is 1 April in that year
- 1 July to 31 July
- the relevant date is 1 July in that year
The definitions of family members in the fees regulations are different from, and more restrictive than, those used in immigration law.
For example, the fees regulations only count the specific people listed below as a 'family member' of an EU national:
- spouse/civil partner
- parent, step-parent or legal guardian
The three years immediately before the relevant date.
Settled means being both ordinary resident in the UK and without any immigration restriction on the length of your stay in the UK.
You have no immigration restriction on the length of your stay in the UK if you fall into one of the following groups:
Indefinite Leave to Enter / Remain (ILE/ILR)
- If you have been given ‘settled status’ under the EU Settlement Scheme, then you have ILE or ILR. If you have only been given ‘pre-settled status’ under the EU Settlement Scheme, then you do not have ILE or ILR.
- British Citizen
- Right of Abode
- Republic of Ireland Citizen
- Non-UK National serving in the British Armed Forces
You do not have settled status if you:
- have a time limit on the length of your stay in the UK, as shown by your current immigration permission (you have ‘limited leave’)
- are exempt from immigration control, for example you are living in the UK as a diplomat or a member of their household/family
- have a British passport that does not give you British Citizenship, for example British National (Overseas), and you do not have Indefinite Leave.
For all other forms of settled status, please visit UKCISA - international student advice and guidance - Scotland: fee status for students starting from August 2021
An example of temporary employment would be where an applicant, parent/step parent or legal guardian has been sent to work outside of the UK/EEA on a temporary assignment, with a clear intention to return to the UK/EEA.
Whilst there is no definition of temporary employment within the Regulations, each University has to consider every individual case on its merits. Multiple short-term contracts or non-rolling contracts of at least 3 years are a few examples of employment that we would not deem as evidence of temporary employment.
We consider each applicant's individual circumstances and make an assessment based on a wide range of information such as nationality and right of residence in the UK/EEA, employment history of family member, length of time resident in the UK/EEA and overseas, visits to the UK/EEA, if a property is maintained in the UK/EEA for the family's own use, and any other relevant information.
Worker includes a European Economic Area (EEA)/Swiss national who is:
- employed, or
- self-employed, or
- a frontier worker who is employed or self- employed
- A frontier worker is an EEA/Swiss national who works in the UK but who resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to their residence in Switzerland or an EEA state, at least once a week.