The Agriculture (Student Fees) Regulations (Northern Ireland) 2023

• (c) is ordinarily resident in the United Kingdom on the course start date;

• (d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

• (e) in a case where their ordinary residence referred to in paragraph (d) was—

• (i) wholly or mainly for the purposes of receiving full-time education; and

• (ii) ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland,

immediately before the period of ordinary residence referred to in paragraph (d).

• (2) For the purposes of this paragraph, a person has exercised a right of residence if—

• (a) they are a United Kingdom national;

• (b) they are a family of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement);

• (c) they are a person who had a right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom; or

• (d) in the case of a person who is settled in the United Kingdom and had a right of permanent residence, if they have gone to the state within the territory comprising the European Economic Area and Switzerland of which they are a national or of which the person in relation to whom they are a family member is a national.

• (3) For the purposes of sub-paragraph (2), a person had a right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

PART 5 — EU AND OTHER STATES SPECIAL CATEGORIES

Persons with protected rights

29

• (1) A person who—

• (a) meets one of the following conditions on the course start date—

• (i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

• (ii) the person—

• (aa) is within the personal scope of the citizens’ rights provisions;

• (bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

• (cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

• (iii) the person—

• (aa) is within the personal scope of the citizens’ rights provisions;

• (bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); and

• (cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has been deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); or

• (iv) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

• (b) is ordinarily resident in Northern Ireland on the course start date;

• (c) has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the course start date; and

• (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident immediately before the period of ordinary residence referred to in paragraph (b) in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories immediately before the period of residence referred to in paragraph (c).

• (2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules.

• (3) For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—

• (a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

• (b) Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

• (c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

EU nationals

30

• (1) A person with protect rights—

• (a) who is—

• (i) an EU national on the course start date;

• (ii) a family member of a person mentioned in sub-paragraph (i); or

• (iii) a family member of a relevant person of Northern Ireland;

• (b) who is undertaking the course in the United Kingdom;

• (c) who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

• (d) subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purposes of receiving full-time education.

• (2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

• (a) is an EU national or a relevant person of Northern Ireland; and

• (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date.

• (3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2.

Workers, employed persons, self-employed persons and their family members

31

• (1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

• (a) is—

• (i) an EEA migrant worker or an EEA self-employed person;

• (ii) a Swiss employed person or a Swiss self-employed person;

• (iii) a family member of a person mentioned in sub-paragraph (i) or (ii);

• (iv) an EEA frontier worker or an EEA frontier self-employed person;

• (v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

• (vi) a family member of a person mentioned in sub-paragraph (iv) or (v);

• (b) subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the course start date; and

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date.

• (2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

• (3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

32

• (1) A person with protected rights who—

• (a) is ordinarily resident in the United Kingdom on the course start date;

• (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

• (c) is entitled to support by virtue of Article 10 of Regulations (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on the freedom of movement of workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

• (2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

• (a) the reference to a “national of a Member State” is to be read as including a relevant person from Northern Ireland; and

• (b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

33

• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) left the United Kingdom and exercised a right of residence before IP completion day after having been settled in the United Kingdom;

• (c) was ordinarily resident immediately before IP completion day—

• (i) in the territory comprising the European Economic Area, Switzerland and the overseas territories; or

• (ii) in the United Kingdom, where the ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the overseas territories, and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the period beginning on IP completion day and ending immediately before the course start date;

• (d) is ordinarily resident in the United Kingdom on the course start date;

• (e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

• (f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

• (2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person had gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

• (3) For the purpose of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 19th June 2023

Seamus McErlean — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 5 of the Agriculture Act (Northern Ireland) 1949 (“the Act”) enables the Department of Agriculture, Environment and Rural Affairs (“the Department”) to provide instruction in agriculture and related matters. Section 5A, which was added to the Act by way of amendment through the Education (Northern Ireland) Order 2006, provides that the Department may through regulations charge fees for or in connection with the provision of the aforementioned instruction.

These Regulations make provision about fees payable by persons in higher education delivered by the Department through the College of Agriculture, Food and Rural Enterprise (CAFRE) to the Department and replaces the Agriculture (Student fees) Regulations (Northern Ireland) 2022 .

Regulation 1 and regulation 2 refer to the citation, commencement and interpretation of these regulations while regulation 3 revokes the Agriculture (Student fees) Regulations (Northern Ireland) 2022.

Part 2 (Courses) regulation 4 through to regulation 7 define the types of higher education courses and their mode of study that student fees will apply at CAFRE.

Part 3 (Student Fee Frameworks) regulation 8 and regulation 9 define the two higher education student fee frameworks in operation at CAFRE, namely the current fee framework and the 2022 legacy fee framework. These frameworks ensure that students who commenced their course before the current fee framework came into operation will continue on the terms of the 2022 legacy framework until such times as they complete that course.

Part 4 (Student Categories) regulation 10 through to regulation 12 define the 3 categories of students at CAFRE – home student, student from Great Britain and international student. These categories are used as one of the determining factors in the appropriate level of fee to be charged to the student at CAFRE.

Part 5 (Intensity of Study) regulation 13 sets out the formula to calculate the percentage of study to be undertaken by a student based on course credits to that of a full-time student in an academic year.

Part 6 (Student Fee Codes) is split into two chapters with each chapter specific to one of the student fee frameworks. Regulation 14 through to regulation 17 defines the student fee codes applicable under the current fee framework, separated firstly by the student category and then by the type of higher education course being undertaken. Regulation 18 through to regulation 21 defines the student fee codes applicable under the 2022 legacy fee framework, separated firstly by the student category and then the type of higher education course being undertaken.

Part 7 (In-Year Events) regulation 22 permits a fee code, and subsequently the student fee rate, to change in the following academic year where the student’s qualifying person circumstances change during an academic year that affects their student category.

Part 8 (Higher Education Student Fee Amounts) regulation 23 through to regulation 25 stipulates the fee payable to the Department.

Schedule 1 (Student Fee Amounts) lists the full-time fee payable by a student to the Department in accordance with the fee code that is applied to the student.

Schedule 2 (Qualifying Persons) sets out the different categories of qualifying persons to which the appropriate student category and student fee is applied.

Footnotes

Editorial notes

Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse and their children

Persons granted indefinite leave to enter or remain as a bereaved partner and their children

Persons granted leave to enter or remain under the Afghan Citizens Resettlement Scheme and their family members

Persons granted leave to enter or remain under the Afghan Relocations and Assistance Policy Scheme and their family members

Persons granted leave to enter or remain under the Homes for Ukraine Sponsorship Scheme and their family members

Persons granted leave to enter or remain under the Ukraine Extension Scheme and their family members

Persons granted leave to enter or remain under the Ukraine Family Scheme and their family members

Persons granted leave to enter or remain under the Ukraine Permission Extension Scheme and their family members

21A

• (1) A person who—

• (a) has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and

• (b) has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave.

• (2) A person who—

• (a) is the spouse or civil partner of a person granted leave under the Ukraine Permission Extension Scheme;

• (b) on the leave application date, was the spouse or civil partner of that person;

• (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

• (d) is ordinarily resident in the United Kingdom on the course start date.

• (3) A person who—

• (a) is—

• (i) the child of a person granted leave under the Ukraine Permission Extension Scheme; or

• (ii) the child of the spouse or civil partner of a person granted leave under the Ukraine Permission Extension Scheme;

• (b) on the leave application date, was—

• (i) the child of the person granted leave under the Ukraine Permission Extension Scheme; or

• (ii) the child of a person who was the spouse or civil partner of the person granted leave under the Ukraine Permission Extension Scheme on that date;

• (c) was under 18 on the leave application date;

• (d) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom; and

• (e) is ordinarily resident in the United Kingdom on the course start date.

• (4) In sub-paragraph (2) and sub-paragraph (3), “leave application date” means the date on which the person granted leave under the Ukraine Permission Extension Scheme made an application for leave to enter or remain in the United Kingdom.