Further and higher education - residency criteria for access to financial support: consultation analysis

Our response to a 2023 consultation on the financial support residency conditions across Further and Higher Education. It includes information on the changes being made to the residency eligibility criteria.

8. Annex B: Glossary

Further Education (FE)

Is a term to describe courses undertaken at a college under Higher National (HN) level i.e. SCQF level 6 or below, National Certificate courses, Access courses, National Qualifications (NQ) or Scottish Vocational Qualifications (SVQ).

Higher Education (HE)

Is a term used to describe SCQF level 7 courses and above i.e. Higher National Certificate (HNC) and Higher National Diploma (HND) courses at college and degree level courses undertaken at university

Living cost support

Are bursaries, grants or loans that the student is entitled to depending on their household income (i.e. means tested). There are exceptions, FE students cannot access student loans. HE students who are Care Experienced or studying Paramedic Science, Nursing or Midwifery access non- means tested bursaries (cannot access loans). Estranged students in HE can access a non-means tested financial package comprising bursary and student loan.

Tuition Fees

Free tuition is paid in the form of a tuition fee grant directly to the college/ university/ private provider of Higher Education. Scottish students studying elsewhere in the UK and those studying at Postgraduate level are entitled to a tuition fee loan. Students studying at a private provider of HE in Scotland are provided with a grant of £1,205 per year, however, the fees charged may be higher.

Ordinary residence

Is not defined in legislation but does feature as a descriptive schedule within regulations. It has an established meaning in case law as a person living in a place lawfully, voluntarily and for a settled purpose as part of their day to day life, whether for a short or long time. As set out in the Ordinary Residence schedule to the Regulations, a person moving to Scotland purely for educational purposes would not be deemed to be ordinarily resident in that country.

Relevant Date

Is defined in regulation 2(1) of the Education (Fees) (Scotland) Regulations 2022. In relation to a course, means for a course starting in the period:

1 August to 31 December, the relevant date is 1 August

1 January to 31 March, the relevant date is 1 January

1 April to 30 June, the relevant date is 1 April

1 July to 31 July, the relevant date is 1 July

Leave to remain

Limited leave to remain refers to the status of UK visa holders who have been approved to enter the UK and remain here until their visa expires. Whilst holders of certain visa types will be expected to eventually return to their home country, some categories of limited leave may lead to settled status in the UK (e.g. in the form of British nationality or indefinite leave to remain) which gives the holder permission to stay in the UK on a permanent basis.

Universities of Sanctuary

National network of university staff, lecturers, academics and students working to make Higher Education institutions places of safety, solidarity and empowerment for people seeking sanctuary. Further information can be found at: Home - Universities of Sanctuary (cityofsanctuary.org)


Email: David.Mackay2@gov.scot

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