Amendments to be included in the Student Support and associated Regulations for academic year 2022 to 2023 (Eligibility for Ukrainian Nationals and their family members)

The Education (Student Finance) (Eligibility for Ukrainian Nationals and Family Members) (Miscellaneous Amendments) (Wales) Regulations 2022 (“the 2022 Regulations”) are currently being drafted and once made, will make persons granted leave under the Home Office’s Ukraine Scheme (as defined below) eligible for student support, home fee status, and the undergraduate tuition fee cap when starting or continuing a course on or after 1 August 2022.

The 2022 Regulations, which are due to come into force on 1 August 2022, apply to academic years beginning on or after 1 August 2022 and make the changes as set out below.

The Home Office has made three immigration routes available to those displaced by the conflict in the Ukraine: the Ukraine Family Scheme, the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme, known collectively as the Ukraine Schemes. A fourth route is available, where leave outside the Immigration Rules is granted.

Amendments will be made to regulations to make provision for those granted leave under the Ukraine Schemes or granted leave outside the Immigration Rules to be eligible for undergraduate, postgraduate Master’s and doctoral student support, and to be eligible for home fee status and the tuition fee cap, in line with other protection-based categories.

A person will be eligible for undergraduate or postgraduate student support, home fee status, and the undergraduate tuition fee cap in connection with an academic year beginning on or after 1 August 2022 if that person:

• has been granted leave under the Ukraine Schemes
• has been granted leave outside the Immigration Rules for a reason connected to the conflict in Ukraine
• is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave under the Ukraine Scheme or outside the Immigration Rules
• is ordinarily resident in Wales on the first day of the first academic year of the course.

An amendment is being made to enable a person who is granted leave under the Ukraine Schemes during an academic year to become eligible for student support, home fee status and tuition fee cap assuming they meet all other requirements, including the first day requirements.

A ‘termination’ provision will be added to the Education (Student Support) (Wales) Regulations 2018 and the Education (Student Support) (Wales) Regulations 2017 so that a person who no longer has leave under the Ukraine Scheme or leave outside the Immigration Rules will not be eligible for student support, home fee status or the tuition fee cap.

Regulations to be amended are:

• the Education (Fees and Awards) (Wales) Regulations 2007
• the Education (European University Institute) (Wales) Regulations 2014
• the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provisions) (Wales) Regulations 2015
• the Education (Student Support) (Wales) Regulations 2017
• the Education (Student Support) (Wales) Regulations 2018
• the Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018
• the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019.

Readers may contact Welsh Government or their usual contact in the Student Loans Company/Student Finance Wales for more information on eligibility. Welsh Government can be contacted at: studentfinancedivision@gov.wales. We welcome correspondence in Welsh or English.