The Agriculture (Student Fees) Regulations (Northern Ireland) 2022
Summary of Information
In October 2022, the IMA conducted a review of The Agriculture (Student Fees) Regulations (Northern Ireland) 2022 and identified that the Regulations are not compatible with the Citizens’ Rights Agreements.
The Regulations do not make provision for students with pre-settled status to be treated as “home students” or “GB students” dependent on where they are domiciled.
The Regulations are also unclear as to how prospective students with in-time or late applications (which are yet to be determined) or joining family members who are protected during their initial 3 months residence are eligible to be treated as home rather than international students.
Summary of Actions and Evidence
The IMA have agreed a six-month monitoring period as part of an Early Case Resolution. The actions to complete the Early Case Resolution which the Executive Office, Northern Ireland have agreed to are set out below:
- The IMA requests that the Regulations listed above are amended to:
a. provide clarity that students with pre-settled status will be treated as “home students” or “GB students” depending on where they are domiciled; and
b. make clear that pending applicants, late applicants and joining family members are included within provision for people with protected rights. reflect the position in relation to prospective students with pre-settled status to
- The IMA requests that guidance on fees paid by CAFRE students is updated to clarify eligibility for all persons with protected rights under the Citizens’ Rights Agreements.
- The Executive Office. Northern Ireland will undertake a review as to whether any students with protected rights have been incorrectly assessed as international students as and will confirm what mitigating action has or will be taken..
- The IMA will request an update from the Executive Office, Northern Ireland on the first working day of each month.
Summary of Decision
The IMA considers that the actions proposed will resolve the potential concerns identified.
The IMA will monitor the Executive Office’s compliance with these actions with a proposed end date of 31 August 2023. The IMA will publish an update at the end of the monitoring phase.
Update of Monitoring & Compliance
The IMA have concluded the monitoring period with the Northern Ireland Executive and the actions that have been completed have resolved the issues identified.
- The Regulations have been replaced by the Agriculture (Student Fees) Regulations Northern Ireland 2023 which now ensure that students with rights under the Citizens’ Rights Agreements are treated the same (for the purpose of fees) as students ordinarily domiciled in Northern Ireland or Great Britain.
- The guidance on fees paid by CAFRE students has been updated to clarify eligibility of all persons with protected rights.
- No students with protected rights have been incorrectly assessed as international students, no further action is to be taken