Terms and Conditions

16. Eligibility for funding
For these purposes the Regulations means the Education (Fees and Awards) Regulations 1997 or any applicable regulations which replace the same and which have an equivalent effect in funding terms.

KOL´s decision on an individual applicant´s fee status will be based upon the Regulations. Copies of the Regulations can be obtained by quoting order number ISBN No. 0 11 064820, price £2.40, from The Stationary Office Books, PO Box 276, London SW8 5DT/Telephone 0207 873 9090 (international dialing code 44 207).

Note: To qualify for funding under the current Regulations students must (in summary and by way of general guidance only) either meet the Residence Conditions (as set out below); and be settled in the United Kingdom within the meaning of the Immigration Act 1971 or be regarded as "excepted students".

These terms are explained below:

Residence Conditions
A student must have been ordinarily resident in the United Kingdom and Islands throughout the three year period before the first term of the 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 course. The student 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: 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 employment in the United Kingdom for a number of years;

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:

British Citizens (not British Dependant Territories citizens nor British Overseas citizens; and Certain Commonwealth citizens;

Excepted Students
Excepted students fall into the following categories:

A person who is a national of a member of a state of the European Union, or who is the child of such a national, who meets the residence conditions referred to below.
A person who is a European Economic Area migrant worker (falling into certain categories) who meets the residence conditions referred to below.
A person who is the spouse of a European Economic Area migrant worker (falling into certain categories) who is installed in the United Kingdom with his/her spouse and meets the residence conditions referred to below.
person who is the child of a European Economic area migrant worker (falling into certain categories) who meets the residence conditions referred to below. (For this purpose "parent" includes a guardian or any other person having parental responsibility for a child).
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.)

The residence conditions referred to above are that:

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 the first four bullet points of "Excepted Students", in the European Economic Area; and
His or Her residence in the United Kingdom or in the European Economic Area has not during any part of the period been wholly or mainly for the purpose of receiving full-time education.

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 as constituted from time to time.

If you are in any doubt as to your position, you should send full details, together with supporting documentation to KOL.

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