What financial support is available to refugees and asylum seekers in higher education?
For a brief table outline fee liability and entitlement to student support for refugee and asylum seekers, please click here
Entitlement to home fees
As is the case with Further Education, there are two main categories of fee status in Higher Education: Home Fees and Overseas Fees. Publicly funded Higher Education institutions may charge full-time home students up to £3,145 a year for tuition fees. Fees for overseas students will be much higher than this.[1]
(Private sector institutions often have only one level of tuition fee, which all students must pay)
Asylum seekers
Asylum seekers are entitled to apply to study in Higher Education, which includes Higher National Certificate and Higher National Diploma courses. However, in England, Wales or Northern Ireland they will be regarded as overseas students and are not entitled to pay home fees, even if they have been resident in the UK for three years. Asylum seekers in higher education in England, Wales and Northern Ireland are not eligible for Student Support either.
(NB. Universities can, and do sometimes, use their discretion to allow asylum seekers to study as home students.)
As of the 1 December 2007, in Scotland entitlement to 'home' fees is given to those meeting the following criteria:
- s/he is the child of an asylum seeker, or an unaccompanied asylum-seeking child
- s/he is resident in Scotland at the start of the course
- s/he has applied for asylum, or their parent(s) applied for asylum, before 1 December 2006 and s/he was under 18 years old at the time
- s/he is under 25 at the start of the course. [2]
Individuals satisfying the above criteria will have their fees paid for them, but will not be entitled to a loan or grants to pay for their living costs.
Refugees
A person granted refugee status (and his/her spouse and child [3]) is entitled to home fees if 'on the first day of the first academic year of the course':
- s/he is ordinarily resident in the UK; and
- s/he has not ceased to be so ordinarily resident since recognised as arefugee [4].
Limited leave to remain
A person (and his/her spouse and child ) who has not been refused refugee status but 'on the first day of the first academic year of the course' is a person granted Discretionary Leave (DL) or Humanitarian Protection (HP) is entitled to home fees if s/he has been ordinarily resident in the UK since being granted DL or HP [5].
(NB. A person can become a "home student" during his/her course of study, if s/he (or his/her spouse or parent), is granted refugee status or HP/DL after the start of the course. )
Eligibility for student support [6]
Student Support is the name given to financial support provided by the Government to some students in the UK. If an individual meets the eligibility criteria for claiming statutory student support they can apply for a Tuition Fees loan to cover tuition fees, and for a Maintenance loan to cover living costs. Depending on income, a non-repayable Maintenance Grant is also available.
Other student support includes Childcare Grant, Parents' Learning Allowance, Adult Dependants' Grant and Disabled Students' Allowance.
Student Support is not public funds as defined in paragraph 6 of the Immigration Rules.
Asylum seekers
Asylum seekers are not entitled to student support.
Refugees
A person granted refugee status (and his/her spouse and child) will be eligible for student support if:
- s/he is ordinarily resident in England and Wales on the first day of the first academic year of the course; and
- s/he has not ceased to be ordinarily resident since recognised as a refugee [7].
(NB. Since the 30 August 2005, refugees are only granted five years limited leave in the first instance (instead of indefinite leave to remain), this does however not affect their right to apply for student support according to the law)
Limited leave to remain
In England, Wales and Northern Ireland, a person (and his/her spouse and child) who has been refused refugee status but granted DL or HP is eligible for student support if:
- s/he is ordinarily resident in England, Wales and Northern Ireland on the first day of the first academic year of the course; and
- s/he has been ordinarily resident in the UK and the Islands (Channel Islands and the Isle of Man) for the three years preceding the first day of the first academic year of the course; and
- his/her residence in the UK during that period was not wholly or mainly for the purpose of receiving full-time education [8].
If an individual is applying for student support in Scotland, because s/he normally lives there, even if s/he is not going to stay there, this 3 year ordinary residence period is not a requirement [9]
Indefinite Leave to Remain under the Home Office asylum clearance exercise
People granted ILR under the family asylum backlog exercise are subject to the same conditions as people with DL or HP and must meet the three year residence requirement prior to the start of their course[10].
NB. A person can become eligible for student support during his/her studies if s/he (or his/her spouse or parent), is granted refugee status, DL/HP or ILR after the start of the course, provided s/he satisfies the residence conditions attached to his/her status. In this case s/he will be eligible for:
- living cost support for any subsequent years of the course, and in the quarters following the grant of refugee status, DL/HP or ILR in the year this was granted; and
- fee assistance for any subsequent years of the course, and if refugee status, DL/HP or ILR is granted within three months of the start of the course, within the first year of the course [11].
Other Options
For asylum seekers, the possibility of being asked to pay Overseas Fees can be a barrier to starting a course in Higher Education. However, educational establishments do not have to charge Overseas Fees to asylum applicants. In this case, they either apply to Universities that treat asylum applicants as Home Students (although only a small amount adopt this policy), or they can request that the educational establishment reduce the fees they intend to charge - due to the high degree of autonomy enjoyed by universities and colleges, it is open to them to interpret always the regulations as they choose.
Universities also offer bursaries and scholarships on top of any money provided by the government, which do not have to be repaid. The type and amount of financial help will depend on the university or college concerned - information can generally be found on each institution's website.
Revised 22/04/08
Notes
[1] Entitlement to home fees is determined by UK Government regulations, namely the Education (Fees and awards) (England) Regulations 2007 (which revoked the Education (Fees and Awards) Regulations 1997 and the Education (Fees and Awards)(Amendment) Regulations 2006). As a general rule a person will be entitled to home fees if s/he, on the relevant date (i.e. 1st September, 1st January or 1st April closest to the beginning of the first term of the person's course), is
- settled in the UK within the meaning of the Immigration Act 1971 (i.e. is ordinarily resident in the UK without being subject to any restrictions on the period for which s/he may remain in the UK); and
- has been ordinarily resident in the UK and Islands (or the EEA for EEA nationals) for three years preceding the relevant date; and
- his/her residence in the UK and Islands (or the EEA if applicable) during that period was not wholly or mainly for the purpose of receiving full-time education.
In addition to this, the regulations provide for specific rules that apply to certain categories of persons such as refugees.
[2] Education (Fees and Awards)(Scotland) Regulations 2007, Schedule 1, para. 7, as amended by The Education (Amendments in Respect of Graduate Endowment, Student Fees and Support)(Scotland) Regulations 2007, Section 2, para. 3.
[3] Children/spouses/civil partners who want to pay 'home fees' and apply for Student Support for a higher education course in England, Northern Ireland or Wales, must be able to show that they were as such on the day when the person who is granted refugee status applied for asylum. The child of a refugee must have been under 18 years old on the date of the asylum application
[4] Education (Fees and Awards) Regulations 2007, Schedule 1, para.4
[5] ibid, para.5
[6] If applying in England, Wales or Northern Ireland, see Schedule 1, part 2 of the Education (Student Support) Regulations 2008 for outline of the categories of individuals.
[7] ibid, paragraph 4
[8] ibid, paragraph 5
[9] For the regulations that govern the provision of student support in Scotland see the Student Awards Agency for Scotland Website.
[9] DfES Student Finance Update December 2004
[10] See UK Council for International Student Affairs guidance on Fees, funding and Student Support.
[11] As discussed by Baroness Amos in the House of Lords, see http://www.publications.parliament.uk/pa/ld200102/ldhansrd/vo010724/text/10724-12.htm
