Joanna Tuffy (Dublin Mid West, Labour)
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Question 780: To ask the Minister for Education and Science if immigrants to Ireland are entitled to benefit from the third level free fees initiative and the higher education grants scheme. [20626/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Under the terms of my Department's Free Fees Initiative the exchequer meets the tuition fees of eligible students. The main conditions are that students must (a) be first-time undergraduates; (b) hold E.U. nationality or official refugee status; and (c) have been ordinarily resident in an E.U. Member State for at least three of the five years preceding their entry to an approved third level course. Eligibility is determined at date of entry to the course of study.

The Non EU spouse and dependent children of an EU migrant worker resident in the State may also be considered for free fees once they meet the other criteria of the scheme. The third level institutions are autonomous bodies and, as such, may determine the level of fees to be charged in any cases where the Free Fees Initiative does not apply.

My Department funds three maintenance grant schemes for third level students which are administered by the Local Authorities and the Vocational Education Committees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. Generally speaking, students who are entering approved courses for the first time are eligible for maintenance grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.

Under the nationality requirements of the scheme, students must:

hold E.U. nationality; or

have Official Refugee Status; or

have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

be a person in respect of whom the Minister for Justice, Equity and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999; or

have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or

have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or

be nationals of a member country of the European Economic Area (EEA) or Switzerland.