Mick Barry (Cork North Central, Solidarity)
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205. To ask the Minister for Education and Skills if a person for the purposes of qualifying for the 'free fees' scheme who is not a EEA/UK/Swiss citizen but has a stamp 4 visa and is under 21 years of age and a dependent child of a spouse of an Irish citizen satisfies the nationality condition, if that person would satisfy the nationality condition if the EU citizen spouse of their parent dies; and if he will make a statement on the matter. [14118/23]

Simon Harris (Wicklow, Fine Gael)
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The assessment of eligibility under the Free Fees Initiative (FFI) in individual cases is a matter for each institution to determine within the terms of the scheme and it is not possible for my Department to advise individual students on eligibility. It is therefore necessary for students to contact the institution attended for guidance on the fees applicable to a course of study appropriate to their own individual circumstances.

Notwithstanding the above, I can advise that, under the Free Fees Initiative, full time undergraduate students may be eligible to have their tuition fees, exclusive of the student contribution, paid on their behalf. In order to qualify for support under the Free Fees Initiative, students must meet the criteria of the scheme including the nationality/citizenship requirements in their own right.

To meet nationality/citizenship requirements, the student must hold inter alia EU/EEA/Swiss/UK nationality or certain permissions to reside in the state as granted through the Department of Justice, for example a person with official refugee status. The immigration residency permissions included under the Free Fees Initiative are those that convey rights upon persons to access education on the same basis as Irish or EU citizens. Additional information on the nationality criteria is available at the following link: hea.ie/funding-governance-performance/funding/student-finance/course-fees/

A stamp 4 permission, in its own right, does not provide for a person to meet the eligibility criteria of the Free Fees Initiative.

Where students do not qualify for free fees funding they must pay the appropriate fee - either EU or Non-EU, as determined by each higher education institution. These institutions are autonomous bodies and the level of fee payable by students who do not meet the requirements of the free fees scheme is a matter for the relevant institution to determine.

The Deputy may wish to be aware that a ‘change of nationality’ clause forms part of the Free Fees Initiative. Where students were ineligible for free fees at date of entry to their course of study because they did not meet the nationality clause of the scheme, institutions may reconsider the student for free fees if the students acquires EU/EEA/Swiss Confederation/United Kingdom citizenship during their course of study. The following date guidelines apply:-

- students who acquire EU/EEA/Swiss Confederation/United Kingdom up to 31st January in an academic year may be entitled to free tuition fees for the second half of the academic year.

- students who acquire EU/EEA/Swiss Confederation/United Kingdom from 1st February may be entitled to free tuition fees from the commencement of the next academic year

In order to be eligible under this ‘change of nationality’ clause students must have met all other criterion of the scheme, apart from nationality, at date of entry to their course of study. Where a student wishes to have their eligibility reassessed having acquired Irish citizenship, they should contact the fees office of the institution attended for guidance on how the scheme criteria may apply to their individual circumstances.

In considering the matters raised, it is important to note that the Department of Justice adjudicates on a person's entitlement to remain in the State and on the stamp that is awarded where permission to remain is sanctioned. Where a person has a query on their current permission they should contact the Irish Naturalisation and Immigration Service (INIS).