This advice follows a recent case where a dependent based overseas with their serving parent was treated as an international student by a university admissions office, which led to the incorrect fees system being applied. This should not take place – any dependent accompanying their serving parent/s overseas should be treated as a UK resident.
The relevant regulation is Schedule 1 of The Education (Student Support) Regulations 2011, as amended by The Education (Student Fees, Awards and Support) Amendment (No 3) Regulations 2021.
Paras 4 and 5 of the amended Schedule state:
(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that…
(a) A
(b) A’s spouse or civil partner
(c) A’s parent or,
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
Temporary employment outside the area in question includes: ‘in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces’
The Defence Children’s Services is the most appropriate POC to aid individual cases: RC-DCS-HQ-EAT@mod.gov.uk