Overseas Students: Fees and Charges

Department for Education written question – answered at on 9 November 2017.

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Photo of Baroness Wolf of Dulwich Baroness Wolf of Dulwich Crossbench

To ask Her Majesty's Government what are the governing provisions in EU law that require universities to charge EU students the same as UK students.

Photo of Baroness Wolf of Dulwich Baroness Wolf of Dulwich Crossbench

To ask Her Majesty's Government whether universities are legally able to charge different fees to students domiciled in different non-EU countries.

Photo of Baroness Wolf of Dulwich Baroness Wolf of Dulwich Crossbench

To ask Her Majesty's Government whether there are any limitations on the fees that can be charged by universities to undergraduate students domiciled in EEA countries that are not members of the EU.

Photo of The Earl of Courtown The Earl of Courtown Captain of the Queen's Bodyguard of the Yeomen of the Guard (HM Household) (Deputy Chief Whip, House of Lords)

Various provisions of EU law underpin fees legislation on higher education, including: Article 18 of the Treaty of the Functioning of the EU (TFEU), prohibiting discrimination on the grounds of nationality; Article 21 of the TFEU, covering the right to move and reside freely within the territory of the Member States; Article 45 of the TFEU, covering freedom of movement for workers within the Union and prohibiting discrimination based on nationality between workers of the member states; the Free Movement Directive 2004/38/EC and Regulation 492/2011.

Legislation enables universities to charge students, without a specified connection with the UK, fees at a higher level than eligible students with such a connection to the UK. This differential fee charging is not unlawful discrimination under the Equality Act 2010. The Equality Act prevents universities from discriminating, including when charging fees, on the basis of protected characteristics including nationality, except where the discrimination is permitted by other legislation.

In order to qualify for home fee status and be eligible for tuition fee caps, students must have a specified connection with the UK. Eligible European Economic Area migrant workers, self-employed persons, frontier workers and frontier self-employed persons and their eligible family members who meet the residency criteria may benefit from capped fees and home fee status.

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