Thomas Pringle (Donegal, Independent)
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448. To ask the Minister for Education and Skills the situation in cases in which a person who has an immigration stamp 3 visa in relation to attendance in education can apply for and go on to third-level education on the same basis as an Irish child; and if he will make a statement on the matter. [22624/21]

Simon Harris (Wicklow, Fine Gael)
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Higher Education Institutions (HEIs) are autonomous and manage their own academic affairs including admissions procedures. The CAO process applications for undergraduate courses on behalf of the HEIs. Decisions on admissions are made by the HEIs who then instruct the CAO to make offers to successful candidates.

Applications for free fees are assessed by higher education institutions. Under the Free Fees Initiative the Exchequer meets the cost of tuition fees of eligible students pursuing an approved full-time undergraduate course of study in an approved institution in the State. Eligible students must meet the terms of the scheme including the nationality and residency clauses.

Students must hold inter alia Irish/EU/EEA/Swiss/UK nationality or certain permissions to reside in the state as granted by the Minister for Justice in their own right and have been ordinarily resident in Ireland or an EU/EEA/Swiss/UK for at least three of the five years preceding their entry to an approved third level course.

Where undergraduate 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. Higher education institutions are autonomous bodies and therefore the criteria governing the level of fee payable by students (EU or non-EU) is a matter for the relevant institution to determine in line with its own criteria.

In relation to funding under the Student Grant Scheme, grant assistance is awarded to students who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.

The nationality requirements for the Student Grant Scheme are set out in Section 14 of the Student Support Act 2011 and Regulation 5 of the Student Support Regulations 2021. To qualify for a student grant, the candidate's nationality or his/her immigration status in the State determines whether or not he/she meets the nationality requirement outlined in the Act and Regulations. Further information in relation to the nationality requirements are available from SUSI's website:

Permission to remain in the State on the basis of a Stamp 3 Visa does not meet the nationality requirements of the Student Grant Scheme 2021. However, article 32 of the Student Grant Scheme 2021 provides for a review of eligibility for the award of a grant in the event of a change of circumstances in the academic year, including a change in relation to a student's nationality or immigration status. Where a student acquires Irish citizenship by naturalisation, or is granted one of the permission to remain criterion provided for in the Act or Regulations during the course of their studies, he/she may apply to SUSI to have his/her application re-assessed.

The decision on eligibility for student grant assistance is a matter, in the first instance, for the centralised student grant awarding authority SUSI (Student Universal Support Ireland) to determine. Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board.

Apart from the Student Grant Scheme, students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Details of this fund are available from the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.

In addition, tax relief at the standard rate of tax may also be available in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from a student's local Tax Office or from the Revenue Commissioners website, www.revenue.ie.