Academic Year 2022/23:
Information for existing and new students 2022/23 (www.gov.uk/student-finance, 2022)
The eligibility criteria for existing students is the same for those students who are continuing with their studies. Student Finance England is not expecting any drastic changes unless there are updates made by the Department of Education later in the year.
Who can get tuition fee and living costs (full support)
To apply for full support, the following must apply to you:
- You’ve been living in the UK, the Channel Islands or the Isle of Man for 3 years before starting your course
- England is your home, for example, you live and work in England and have not moved there solely for the purposes of study
And you’re one of the following:
- A UK national or Irish citizen
- Settled under the EU Settlement Scheme
- Granted settled status for other reasons
- Pre settled students as migrant workers who are working
If you’re a UK national who was living in the EEA, Gibraltar or Switzerland, you may be able to apply for full support.
You can also apply for full support if you’ve been living in the UK, the EEA, Gibraltar or Switzerland for the past 3 years and you’re:
- The child of a Swiss national and you have settled or pre-settled status under the EU Settlement Scheme
- An EEA or Swiss worker, or the family member of an EEA or Swiss Worker and you have settled or pre-settled status under the EU Settlement Scheme
- A family member of a UK National, both you and your family member have to have lived in the UK, the EEA, Gibraltar or Switzerland for the past 3 years
- The child of a Turkish worker
If you have one of the following Home Office statuses, you also can apply for full support:
- Humanitarian protection or the family member of someone with this status
- Stateless status or the family member of someone with this status
- Refugee status or the family member of someone with this status
- Leave under the Afghan Relocations and Assistance Policy (ARAP)
- Calais leave or the dependent child of someone with Calais leave
- Indefinite leave to remain as a bereaved partner
- Indefinite leave to remain as a victim of domestic violence or abuse (DVILR)
- Leave to remain under section 67 of the Immigration Act or the dependent child of someone with this status
- If you’ve been living in the UK and Islands for the past 3 years and are:
- under 18 on the first day of your course and have lived in the UK for at least 7 years
- 18 or over on the first day of your course and have lived in the UK for at least half your life or at least 20 years
Who can get tuition fees only (www.gov.uk/student-finance, 2022)
You can apply for tuition fee funding if you’ve been living in the UK, the EEA, Switzerland or the overseas territories for the past three years and you have:
- Pre-settled status under the EU Settlement Scheme and are an EU national or a family member of an EU national
- Irish Citizenship and were resident in the UK by 31 December 2020, or are a family member of an Irish Citizen or Person of Northern Ireland and you have pre-settled status under the EU Settlement Scheme
- Resident status in Gibraltar as an EU national or a family member of an EU national
You can also apply if you are:
- A UK national or a family member of a UK national who has resident status in Gibraltar and has been living in the UK, Gibraltar, the EEA and Switzerland for the past three years
- A person with settled status in the UK and you’ve been living in the UK, Islands and the British overseas territories for the past three years, with at least part of that time spent in the British overseas territories
- A person with settled status in the UK and have been living in the UK, Islands or Ireland for the past three years (with part of that time spent in Ireland)
- A family member of a person with settled status in the UK and you have been living in the UK and Islands for the past three years
- An Irish Citizen and you have been living in the EEA and Switzerland before 31 December 2020 and in the UK, Gibraltar, EEA and Switzerland for the past three years
- An EEA or Swiss worker, a family member of an EEA or Swiss worker, a child of a Swiss national or the child of a Turkish worker and you do not qualify for full support as you have lived in the overseas territories (other than Gibraltar) at some stage in the three years prior to the start of your course
You will not be eligible for funding to help with living costs.
What you’ll be asked for when you apply for student finance (www.gov.uk/student-finance, 2022)
Depending on your residency status, when you apply you may be asked to provide:
- UK passport details
- EU Settlement Scheme share code
- The date your status was granted and/or expires
- The addresses of places you have lived
The 2022/23 Student Finance Regulations also make the following changes for 2022/23 (www.practitioners.slc.co.uk, 2022):
- Current and former employees of the UK Government and their family members that have been relocated from Afghanistan to the UK under the Home Office’s Relocation and Assistance Scheme will qualify for student support and home fee status in relation to new higher education courses from 1 August 2022 onwards if they have been resident in the UK and Islands since the grant of such leave. They will also qualify for advanced learner loans for further education courses. Students who are in this category will not need to demonstrate three years ordinary residence in the UK and Islands before the start of a course.
- Home fee status and tuition fee loans are extended to the family members of all persons settled in the UK who are starting courses in 2022/23, subject to three years residence in the UK and Islands immediately before the start of the course. Currently only the family members of UK nationals are eligible under this category.
An electronic copy of the 2022/23 Student Finance Regulations and Explanatory Memorandum can be accessed on the legislation.gov.uk website at:
Impact of the UK’s exit from the EU
The UK’s exit from the EU took place on 31 January 2020.
A transition period following the UK’s exit from the EU ended on 31 December 2020, after which free movement ended and post-EU exit immigration rules apply.
Further information can be found at: https://www.gov.uk/guidance/studying-in-the-uk-guidance-for-eu-students.
Continuing students in AY 22/23 (www.practitioners.slc.co.uk)
Support will continue on the same eligibility grounds as established at the beginning of the period of study until the student completes that period of study. This applies even where the period of study starts after the end of the transition period in AY 20/21 (i.e. from 1 January 2021 to 31 July 2021 inclusive). EU, other EEA and Swiss nationals and relevant family members who are already eligible for student support in England will therefore continue to be eligible according to the regulatory residency rules that were in force in AY 20/21
Citizens’ Rights and ‘protected’ rights (www.practitioners.slc.co.uk)
EU, other EEA and Swiss nationals and their family members who have exercised their right to reside in the UK by the end of the transition period (31 December 2020) and continue to reside in the UK thereafter have citizens’ rights under the EU Withdrawal Agreement (and the similar EEA-EFTA (Iceland, Liechtenstein and Norway) Separation Agreement and Swiss Citizens’ Rights Agreement). Those with citizens’ rights have the right to continue to legally reside in the UK and enjoy associated rights. The rights of those who move to the UK after the end of the transition period (unless they have citizens’ rights as a family member of a person already in the UK) will be subject to the points-based immigration system.
There is specific provision for family members of persons of Northern Ireland, who only have citizens’ rights under the EU Withdrawal Agreement if the person of Northern Ireland is solely an Irish national, but continue to be in scope of access to home fee status and student financial support on the same basis as family members of EU nationals.
Those with citizens’ rights, as well as family members of persons of Northern Ireland, are referred to by DfE as having ‘protected rights’. Those with ‘protected rights’ are defined in the Regulations as follows:
(1) (a) A person within the personal scope of the citizens’ rights provisions who—
(i) Has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
(ii) Is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;
(iii) Is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended;
(iv) Is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or
(v) Otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
(b) A family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
(2) In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means— (a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement; (b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(1 )); or (c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
The EU Settlement Scheme (www.practitioners.slc.co.uk)
Those who have protected rights can apply for a status under the Government’s EU Settlement Scheme (EUSS). They had until 30 June 2021 to apply and any discretion to extend this date is considered on a case-by-case basis by the Home Office (see section 2.1). In certain circumstances, family members can join an EEA or Swiss national in the UK after 31 December 2020 and apply to the EUSS once they are here.
Family members of EEA/Swiss nationals arriving in the UK after 1 April 2021 have three months to apply to the EUSS from the date they arrive in the UK. They will have temporary protection and therefore be treated as having citizens’ rights for the purposes of eligibility for home fee status and student support during those three months, and pending the outcome of any EUSS application made during that period (and of any appeal).
Applicants to the EUSS will initially be given a Certificate of Application once their application has been validated by the Home Office, and can ultimately be awarded:
- Settled status (i.e. indefinite leave to enter and remain) if they have the requisite minimum of five years of continuous lawful residence in the UK, or
- Pre-settled status (i.e. limited leave to remain) if they have a shorter period of UK residence (any period of lawful residence of less than five continuous years). After five years of continuous lawful residence in the UK they can apply to change this status to settled status.
Demonstrating settled or pre-settled status granted under the EUSS (www.practitioners.slc.co.uk)
From AY 21/22, access to student support depend on the individual having protected rights. SLC will check that the individual with protected rights has settled status or pre-settled status granted under the EUSS where either status is required for student support eligibility.
All successful applicants to the EUSS are able to demonstrate their status digitally via the Home Office’s Digital Status Checker (DSC). The individual generates a share code which remains valid for 30 days and which allows external parties such as the SLC to check the individual’s status via the DSC. To generate the code, the individual must select that they wish to demonstrate their immigration status, manually enter their national identity card number, date of birth and verify their account by text or e-mail. The verifying individual or organisation will require the individual’s share code and date of birth to check the status. SFE will request the share code from the relevant applicants as part of the student finance application process.
EU Settlement Scheme outstanding applications and ongoing appeals (www.practitioners.slc.co.uk)
The closing date for the EUSS was 30 June 2021.
EU, other EEA and Swiss nationals applying for courses starting in AY 22/23 will generally be awarded student finance from Student Finance England only if they have been granted settled or pre-settled status under the EUSS.
However, there may be applicants for student finance for AY 22/23 and beyond, who have reasonable grounds for making a late application to the EUSS. There may also be some applicants who have made an in-time EUSS application but are still waiting a final decision on their status from the Home Office, including those that have lodged an appeal. Once a valid application has been made to the EUSS (evidenced by receipt of a Certificate of Application (COA)), the applicant will have temporary protection and citizens’ rights, pending the outcome of that application.
Expiry of pre-settled status (www.practitioners.slc.co.uk)
Where an applicant has pre-settled status and this status expires during an academic year of their course, the student should evidence that they have been granted settled status or qualify for student support on some other basis. Where they do not have settled status (and do not qualify on any other basis), they will be ineligible for support for future academic years.
Settled status (www.practitioners.slc.co.uk)
A person is considered ‘settled’ in the UK if’
- They are a British citizen (British citizens are not subject to any restriction on their length of stay in the UK. Evidence of British citizenship may be established by a British passport),
- They are a person who has been granted indefinite leave to enter/remain (ILE/ILR) (which includes settled status under the EU Settlement Scheme – see section 3.3 for persons with settled status granted under the EUSS),
- They are exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 (they are a member of HM forces),
- They have the right of abode, or
- They are an Irish citizen.
The immigration status of applicants with ILE/ILR may be evidenced by reference to the stamp(s) in their passports or travelling documents or via the Home Office’s (HO) digital status checker (DSC) for those awarded a status under the EU Settlement Scheme.
The right of abode means that you are entirely free from UK immigration control. Applicants with this status should have a ‘certificate of entitlement to the right of abode’ confirming this.