To ask the Scottish Executive what the reasons are for differences in treatment between Scottish students and those from other parts of the European Union at Scottish universities in respect of student fees and support.
Under the Scotland Act it is the Scottish Executive’s duty to comply with EU obligations and be in conformity with the requirements of the European Convention on Human Rights. The Executive is, therefore, required to ensure that EU students receive the same treatment as home students in relation to their tuition costs at Scottish universities. It should be noted that this requirement only applies to nation states of the EU, not the home countries of the UK nation state.
Students who are EU nationals and meet the residence criteria are therefore eligible for the same fee support from the Student Awards Agency for Scotland (SAAS) as students who are ordinarily resident in Scotland.
Students who have been ordinarily resident in the UK and Islands throughout the three year period immediately preceding the start of the course, and are ordinarily resident in Scotland on that day, are also eligible for student support from SAAS. The purpose of these criteria is to ensure that eligibility for support is determined by residence rather than nationality.
European Court of Justice case law indicates that EU obligations do not currently extend to student support. EU nationals who are in Scotland wholly or mainly for the purposes of education therefore are not considered eligible for student support.
However, students may qualify for the same student support as Scottish domiciled students if they, their partner or parents are classed as European Economic Area (EEA) migrant workers, and they meet the residence criteria. This fulfils an obligation under an EEC Council Regulation on freedom of movement for workers within the Community.