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<p>Various provisions of EU law underpin fees legislation on higher education, including:
Article 18 of the Treaty of the Functioning of the EU (TFEU), prohibiting discrimination
on the grounds of nationality; Article 21 of the TFEU, covering the right to move
and reside freely within the territory of the Member States; Article 45 of the TFEU,
covering freedom of movement for workers within the Union and prohibiting discrimination
based on nationality between workers of the member states; the Free Movement Directive
2004/38/EC and Regulation 492/2011.</p><p>Legislation enables universities to charge
students, without a specified connection with the UK, fees at a higher level than
eligible students with such a connection to the UK. This differential fee charging
is not unlawful discrimination under the Equality Act 2010. The Equality Act prevents
universities from discriminating, including when charging fees, on the basis of protected
characteristics including nationality, except where the discrimination is permitted
by other legislation.</p><p>In order to qualify for home fee status and be eligible
for tuition fee caps, students must have a specified connection with the UK. Eligible
European Economic Area migrant workers, self-employed persons, frontier workers and
frontier self-employed persons and their eligible family members who meet the residency
criteria may benefit from capped fees and home fee status.</p><p> </p>
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