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International students’ fee liability The notes below are for the guidance of applicants in determining whether they are likely to be regarded as home or overseas students for fee purposes. They are based on the Education (Fees and Awards) Regulations 2006, but are not intended to replace them. The University’s decision on your fee status will be based on the Regulations. The Regulations are available on the Internet as follows: Education (Fees and Awards) Regulations 1997: www.opsi.gov.uk/si/si1997/19971972.htm. Education (Fees and Awards) Amendment Regulations 2006: www.opsi.gov.uk/si/si2006/ 20060483.htm.


Under the Regulations students are liable for payment of tuition fees at the higher overseas rate unless: either (a) they meet the residence requirements (as set out below) and


(b) they are settled in the United Kingdom within the meaning of the Immigration Act 1971 or (c) they are regarded as ‘excepted students’.


Residence Conditions You must have been ordinarily resident in the United Kingdom and Islands throughout the three-year period before the first term of your course. This residence period is calculated from 1 September, 1 January or 1 April, whichever is the nearest preceding date to the start of the academic year relevant to your course. You must not have been resident for any part of that three-year period wholly or mainly for the purpose of receiving full-time education.


Settled Status


A person is ‘settled’ for the purposes of the 1971 Immigration Act if they are ordinarily resident in the United Kingdom and their immigration status is one of the following: (a) Indefinite Leave to Remain may be granted to people who are not British citizens and all restrictions on their stay in the United Kingdom are removed. This status is often given, for example, to someone who has married a British citizen or to someone who has been in the United Kingdom for a number of years


(b) Right of Abode means that the person is free of United Kingdom immigration control and can enter the United Kingdom freely at any time. The following people have right of abode in the United Kingdom:


(i) British citizens (not British Dependant Territories citizens nor British Overseas citizens) and (ii) Certain Commonwealth citizens.


Refugees, and those not granted refugee status but who are allowed to enter or remain in the United Kingdom, will normally qualify for home fee status under the provisions in (a) above. Their family members who are also eligible for home fees are spouse or civil partner and children, including step-children and adopted children.


Excepted students


Excepted students fall into the following categories: 1. A person who is a national of a member of a State of the European Union, or who is the spouse or civil partner, child or other direct


descendant (under 21 or dependant) of such a national or their spouse or civil partner, any dependent relative in the ascending line (eg parent or grandparent) of an EU national or their spouse or civil partner, who meets the residence conditions referred to in paragraph 8 below.


2. A person who is an European Economic Area migrant worker or Swiss employed person who meets the residence conditions referred to in paragraph 8 below.


3. A person who is the spouse of a European Economic Area migrant worker or Swiss employed person (who has taken up activity as an employed or self employed person in the United Kingdom), who (a) is installed in the United Kingdom with his/her spouse and (b) meets the residence conditions referred to in paragraph 8 below.


4. A person who is the child of a European Economic Area migrant worker (falling into certain categories) or of their spouse or civil partner or of a Swiss employed person who meets the residence conditions referred to in paragraph 8 below. (For this purpose ‘parent’ includes a guardian or any other person having parental responsibility for a child). (Note: the child of someone who is no longer an EEA migrant worker in the UK may also qualify to pay Home/EU fees if they themselves continue to be resident).


5. The child of a Swiss national who meets the residence requirements referred to in paragraph 8 below. (Note: the Swiss national parent need not themselves be resident in the UK).


6. A person who has been informed in writing that, although not considered to qualify for recognition as a refugee, has been allowed to enter or remain in the United Kingdom and has been ordinarily resident in the United Kingdom throughout the period since being granted leave to enter or remain or who is the spouse or child of such a person. (For this purpose ‘child’ includes someone adopted or a step-child).


7. A person who was admitted to a course under arrangements with an institution outside the United Kingdom for the exchange of students on a full reciprocal basis.


8. The residence conditions referred to above are that (a) the person has been ordinarily resident throughout the three year period preceding the relevant date, either in the United Kingdom or, in the case of a person mentioned in paragraphs above, in the European Economic Area and (b) his or her residence in the United Kingdom or in the European Economic Area has not during any part of the period have been wholly or mainly for the purpose of receiving full-time education.


Definitions


A national of a member state of the European Union means a person who is a national for the purposes of the Community Treaties of any member state of the European Union (including the United Kingdom) as constituted from time to time. This covers, at present: Austria; Belgium; Cyprus; Czech Republic; Denmark (including the Faroe Islands and Greenland); Estonia; Germany (including Heligoland); Finland; France (including the overseas departments Guadeloupe, Martinique, French


Guiana, Reunion, French Polynesia, French Southern and Antarctic Territories, Mayotte, St Pierre et Miquelon, the Territories of New Caledonia and Dependencies, Wallis and Fortuna); Greece; The Republic of Ireland; Italy; Hungary; Latvia; Lithuania; Luxembourg; Malta; The Netherlands (including Aruba, Netherlands Antilles of Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Poland; Portugal (including the Azores and Madeira but excluding Macao); Romania; Slovakia; Slovenia; Spain (including Ceuta, Melilla, the Balearics and the Canaries); Sweden; and the United Kingdom* and Gibraltar. * Including Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); Turks and Caicos Islands.


Last amended June 2007.


Withholding qualifications through the non-payment of debt All students are required to clear any outstanding debt owed to the University before graduation or, during the period of study, before registration for the next academic year. No degree will be conferred or certificate or diploma granted to any student who is in debt to the University.


Policy statement on equality


and diversity The University of Essex recognises the value of diversity and is committed to equality of opportunity within the University. It therefore aims to create the conditions whereby students and staff are treated with dignity and respect and solely on the basis of their merits, abilities and potential, regardless of race, ethnic or national origin, gender, gender identity, sexual orientation, disability, age, socio-economic background, family circumstances, religious or political beliefs and affiliations or other irrelevant distinction.


The University is committed to a programme of action to ensure that this policy is fully effective.


No smoking policy The University of Essex is committed to a no smoking policy, which means that smoking is not allowed in the buildings.


Complaints procedure If you have any comments or concerns about the recruitment or admissions process we operate, or about an application decision, and which you do not wish to discuss with the Head of Admissions, you can write to the Director of Communications and External Relations. Alternatively, you can follow the University’s complaints procedure. Details of the procedure can be found on our website at: www2.essex.ac.uk/academic/calendar/ complaints.html.


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