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Home or International fees.. Urgent Please

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

stigebyrant333
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Home or International fees.. Urgent Please

Post by stigebyrant333 » Tue Jan 17, 2012 12:51 am

Can someone please advice me, i was granted a residency card as a family member of an EEA national, i already have a daughter and living with my unmaried partner and my daughter.

I wanted to apply to university but i was told i have to pay an international student fee which i dont believe i have to.

Can anyone just advice on this issue please as i need to inform the university that i have to pay as an home student.

Thanks

vinny
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Post by vinny » Tue Jan 17, 2012 2:57 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

keloid
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Post by keloid » Tue Jan 17, 2012 3:41 am

Thanks for the link Vinny.

The link mentions that there is a 3 year residence requirement. For a Non-Eu family member of an EU citizen, does that mean 3 years residence in
the UK - or 3 years residence within the EU?

many thanks

vinny
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Post by vinny » Tue Jan 17, 2012 3:48 am

[url=http://www.ukcisa.org.uk/student/info_sheets/tuition_fees_ewni.php#cat3]CATEGORY 3: European Union (EU) nationals and their family members[/url] wrote:(b) you must have been ordinarily resident in the European Economic Area (EEA) [see Box 5] and/or Switzerland and/or the overseas territories [see Box 6] for the three years before the 'first day of the first academic year of the course' [see Box 2] [BUT also see Special Provision: For people studying in England on courses starting on or after 1 September 2011]
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

stigebyrant333
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Post by stigebyrant333 » Tue Jan 17, 2012 8:51 am

Thank you guys for the comment, i've been living in uk since 2007 so that means i've been living here for the period of 3 years. does that count?
Also if im paying as home or international student, will i be eligible for a student loan??

dasjoker
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Post by dasjoker » Tue Jan 17, 2012 10:54 am

stigebyrant333 wrote:Thank you guys for the comment, i've been living in uk since 2007 so that means i've been living here for the period of 3 years. does that count?
Also if im paying as home or international student, will i be eligible for a student loan??
i am not sure but i think you have to be married for student loan because they asked me marriage certificate but you can give them a call also if you gonna start your study next year it's almost same international and home fee

Greenie
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Post by Greenie » Tue Jan 17, 2012 11:00 am

see student support applying in England however, given that you are not married to your EU national partner, I don't think you will qualify for home fees or funding.

stigebyrant333
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Post by stigebyrant333 » Tue Jan 17, 2012 11:27 am

Thanks guys. i just called them now and the guy i was speaking to says the same thing which is either i have an indefinite visa or im married to my eea partner which i can do before i start uni in september cos we already talked about it before now.
so if i get married, does this mean i will be eligible to pay home student fee and also be eligible for student loan right??

Greenie
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Post by Greenie » Tue Jan 17, 2012 11:30 am

stigebyrant333 wrote:Thanks guys. i just called them now and the guy i was speaking to says the same thing which is either i have an indefinite visa or im married to my eea partner which i can do before i start uni in september cos we already talked about it before now.
so if i get married, does this mean i will be eligible to pay home student fee and also be eligible for student loan right??
please read the links we have already provided you, it is not as simple as that.

Azhaar
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Post by Azhaar » Tue Jan 17, 2012 4:54 pm

you have to be residing in the uk for a minimum of 3 years before qualifying to be home students..

Greenie
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Post by Greenie » Tue Jan 17, 2012 4:57 pm

no that is not strictly true, residence in the EEA can also mean the person qualifies depending on the nature of the EEA national's residence in the UK, and, in addition, the person must have been ordinarily resident. The OP has already been given links to information which answers his question. Please don't confuse matters by trying to over simplify things.

nonspecifics
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Residence card

Post by nonspecifics » Tue Jan 17, 2012 6:28 pm

I think one point being made is that the EEA family member also has to be a "spouse or civil partner" in circumstances like yours.

However, the rules are VERY complicated. Ask ten different people and you will get ten different opinions. Even asking those working in the university may result in the wrong advice.

Phone and ask about it:

UKCISA Students' Advice Line

Tel: 020 7107 9922
13.00-16.00 hours UK time Mon-Fri

When you apply for funding, then the experts in student funding will examine your case and decide if that was correct or not.
Last edited by nonspecifics on Wed Jan 18, 2012 10:29 pm, edited 1 time in total.

Greenie
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Post by Greenie » Wed Jan 18, 2012 6:49 am

A civil partner is for same sex relationships. Unmarried partners of EU nationals without pr, whether same gender or not don't qualify under the fee and support regulations. The definition you have quoted is completely irrelevant. Again you are also confusing matters. I have given the op the link to the relevant UKCISA guidance. The op has already said he will get married to resolve the family member issue. He now needs to read up on the relevant categories to see if and how he fits into any of them in terms of residence.

nonspecifics
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FEES

Post by nonspecifics » Wed Jan 18, 2012 12:58 pm

To Greenie

I'm not trying to muddy the waters and confuse matters.

You are being very helpful and that is the correct link about student funding.

However, maybe I am a bit thick, but it is a struggle for me to understand all the different rules and categories on that link. I know lots of others would struggle to understand it too.

I think they should ask the funding experts directly, as we can only give opinions.

I know I quoted from UK immigration definitions in an EEA forum, but that is the definition of a civil partner UKBA and UKCISA refer to in the rules.

The key point is " living together in a relationship akin to marriage or civil partnership.

Akin means essentially similar to. To me a durable relationship registered with UKBA is essentially similar to a marriage or civil partnership.

However, as you said, if they are getting married anyway, then whether a durable relationship is acceptable or not is a moot point.

All we can do is wish them a long and happy marriage.






:D
Last edited by nonspecifics on Wed Jan 18, 2012 10:31 pm, edited 1 time in total.

Greenie
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Re: FEES

Post by Greenie » Wed Jan 18, 2012 2:01 pm

nonspecifics wrote:To Greenie

I'm not trying to muddy the waters and confuse matters.

You are being very helpful and that is the correct link about student funding.

However, maybe I am a bit thick, but it is a struggle for me to understand all the different rules and categories on that link. I know lots of others would struggle to understand it too.

I think they should ask the funding experts directly, as we can only give opinions.

I know I quoted from UK immigration definitions in an EEA forum, but that is the definition of a civil partner UKBA and UKCISA refer to in the rules.

The key point is " living together in a relationship akin to marriage or civil partnership.

Akin means essentially similar to. To me a durable relationship registered with UKBA is essentially similar to a marriage or civil partnership.

However, as you said, if they are getting married anyway, then whether a durable relationship is acceptable or not is a moot point.

All we can do is wish them a long and happy marriage.






:D

you didn't just refer him to the experts though did you - you tried to advise him by referring wrong law, and you interpreted that wrong too. If you don 't understand something, as you have stated that you don't, it really is best not to attempt to give advice.

In the case of the fees regs/support regs, a definition of a family member of an EU/EEA national does not include unmarried partners, only spouses and civil partners (and children etc). The relationship akin to marriage definition does not come into it in the case of the fee/support regs. UKCISA do not refer to the immigration rules definition of a relationship akin to marriage. They define a family member as defined in the relevant support regulations.

I am happy to answer any further questions the OP has once he has read the information provided to him, but it doesn't help when two people have since posted incorrect or misleading information when a link to the full and correct information has already been provided.

nonspecifics
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COMPLICATED

Post by nonspecifics » Wed Jan 18, 2012 6:21 pm

It should be pointed out that different home nations have different rules for fees and funding. England is not the UK, but only one part of it.

It can also make a difference if you are living in one home nation but want to study in another one e.g. If you are living in Scotland, but want to study in England.

So, to refer to the English rules only does not give the whole picture.




UKCISA should know the answers.

Perhaps those who should know best of all are Student Finance England, because they are the ones who deal with funding students ( in England).

Their contact details can be found here:

http://www.direct.gov.uk/en/Dl1/Directo ... /DG_172310


For the European team:

http://www.direct.gov.uk/en/Dl1/Directories/DG_6000071


Student Finance Services European Team can give advice for study in the UK.

Helpline (+44) (0) 141 243 3570

This is a Glasgow, Scotland number but deals with UK enquiries too.

So, if dialling from within the UK, just dial 0141 243 3570.

If dialling from outside the UK, it would be +44 141 243 3570.

The point I am trying to get through is that the rules about student funding are very complicated and it is a good idea to speak to the relevant people directly.

Hopefully, stigebyrant333, you can give feedback and let us know if you could understand the rules on student funding found in that link and in the future could you update us on how you got on with regard to funding your studies.

andes6
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Re: Home or International fees.. Urgent Please

Post by andes6 » Thu Jan 19, 2012 1:03 pm

stigebyrant333 wrote:Can someone please advice me, i was granted a residency card as a family member of an EEA national, i already have a daughter and living with my unmaried partner and my daughter.

I wanted to apply to university but i was told i have to pay an international student fee which i dont believe i have to.

Can anyone just advice on this issue please as i need to inform the university that i have to pay as an home student.

Thanks


The rate at which a student pays fees is not solely based on the student's nationality or immigration status. The student also needs to have been resident in the UK, or in some cases the EEA, Switzerland or EU overseas territories, for at least three years immediately before the start of the course except for temporary absences and, in most cases, not for the main purpose of education. If a student does not meet all of the necessary criteria, they will be considered an Overseas student.


In your case since you are
- resident for the last 3 years, and
- have a residence card stating that you are a family of EU citizen

should make it possible for you to qualify at an UK/EU rate, and also eligible for student loan.

My case was similar to yours. I recently applied to Oxbridge , and was accepted as a 'home' fee payer . Further to clarify everybody's doubts-

I had showed proof of residency for two countries in the EU over the last 3 years.

The university fees clerk had earlier sent me the following email

"Generally, in order for a student to qualify for Home/EU fee status, and therefore lower fees, s/he needs to meet all of the following criteria on the first day of the first academic year of the course (1st September for a course starting in September/October).
- be an EU national, or close relation of an EU national (e.g. spouse)
- have been ordinarily resident in the EEA or Switzerland or the EU overseas territories (the residence area) for at least three years immediately prior to the start of the course except for temporary absences
- in most cases, none of the three year residence can have been for the main purpose of education."

Hope this makes sense. Good luck with your application.

A

mikilo2008
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Post by mikilo2008 » Sat Jan 21, 2012 6:21 pm

hello good contribution by all. i want to enrol for masters in september but i dnt know if i would be assessed as home student or not. i have being in this country since 2007 came with a 6 months visiting visa which expired that year. i ve being living in the uk since then and ve got two kids age 3 and 1. . i dnt know if all the 4yrs have lived in the uk will be considered as ordinary residence because of my immigration status. do i stand the chance of paying home / eu fees when i enrol. am not married got coa from zambrano and hoping to get the residence card based on that this year. mother and partner of a british

sarahassy
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Post by sarahassy » Tue Jan 24, 2012 9:54 pm

mikilo2008 wrote:hello good contribution by all. i want to enrol for masters in september but i dnt know if i would be assessed as home student or not. i have being in this country since 2007 came with a 6 months visiting visa which expired that year. i ve being living in the uk since then and ve got two kids age 3 and 1. . i dnt know if all the 4yrs have lived in the uk will be considered as ordinary residence because of my immigration status. do i stand the chance of paying home / eu fees when i enrol. am not married got coa from zambrano and hoping to get the residence card based on that this year. mother and partner of a british
Hello mikilo,i'm exactly in the same boat like u,and i want to start my masters in september,i think being a family member of eea u r entitled to all benefits the eea member enjoy,so i think u study as a home student.Get your COA plus all the photocopies of your application and take them to the uni u want to study they will register u as ahome student.

Greenie
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Post by Greenie » Wed Jan 25, 2012 10:37 am

sarahassy wrote:
mikilo2008 wrote:hello good contribution by all. i want to enrol for masters in september but i dnt know if i would be assessed as home student or not. i have being in this country since 2007 came with a 6 months visiting visa which expired that year. i ve being living in the uk since then and ve got two kids age 3 and 1. . i dnt know if all the 4yrs have lived in the uk will be considered as ordinary residence because of my immigration status. do i stand the chance of paying home / eu fees when i enrol. am not married got coa from zambrano and hoping to get the residence card based on that this year. mother and partner of a british
Hello mikilo,i'm exactly in the same boat like u,and i want to start my masters in september,i think being a family member of eea u r entitled to all benefits the eea member enjoy,so i think u study as a home student.Get your COA plus all the photocopies of your application and take them to the uni u want to study they will register u as ahome student.
I really wish people would stop making wide sweeping comments on this topic without referring to the actual requirements to be a home student, links for which have already been posted.

Mikilo - I don't believe that you would currently be considered a home student for the following reasons.

1. As you are the unmarried partner, and not the spouse of an EU national, you are not considered a family member of an EU national according to the fee regulations. (see Box 7

2, Nothwithstanding the above - i.e. even if you were married to an EU national (including a UK national) In order to be considered to be ordinarily resident for the 3 years prior to the course, you must have been You are 'ordinarily resident' in the relevant area if you have "habitually, normally and lawfully resided in that area from choice." If you were here as a visitor, and then you overstayed over the three year period, I am not sure how you can say you were lawfully resident. See box3

The only way I see you meeting the requirement is as follows

3. If you were married to your partner, then you may qualify if you meet the requirements below due to the new special provisionif you are studying on a course in England only, which starts on or after the 1 September 2011, meaning you don't need to meet the 'ordinary residence for 3 years requirement, if your wife had was ordinarily residence in the EEA for the 3 years prior to the course AND has exercised a right of residence in another EU member state EU member state, for more than three months, as a self-sufficient person, a student or a worker.

No_marriage_certificate
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Post by No_marriage_certificate » Wed Feb 01, 2012 2:36 pm

Greenie wrote:
sarahassy wrote:
mikilo2008 wrote:hello good contribution by all. i want to enrol for masters in september but i dnt know if i would be assessed as home student or not. i have being in this country since 2007 came with a 6 months visiting visa which expired that year. i ve being living in the uk since then and ve got two kids age 3 and 1. . i dnt know if all the 4yrs have lived in the uk will be considered as ordinary residence because of my immigration status. do i stand the chance of paying home / eu fees when i enrol. am not married got coa from zambrano and hoping to get the residence card based on that this year. mother and partner of a british
Hello mikilo,i'm exactly in the same boat like u,and i want to start my masters in september,i think being a family member of eea u r entitled to all benefits the eea member enjoy,so i think u study as a home student.Get your COA plus all the photocopies of your application and take them to the uni u want to study they will register u as ahome student.
hi there,

There is no requirement to have been "lawfully" resident in the UK 3 years prior to start of your studies. Only major requirement is to have some form of status before the 1st day of the academic year you are intending to begin (1st september). I am 100% sure of this as i have helped about 5 of my family and friend s put their application through to student finance and on ucas. 1 had indefinite leave to remain after 10 years of being in the country illegally, and the other 4 were MArried to EU citizens for less than a year but have been in the uk for 5,6 & 7 years each unlawfully prior to this. NB- they all recieved their status before the 1st of september for the year they were applying to begin their studies.

in conclusion, its not as complex as we think it is! just make sure u are MARRIED to your EU partner, and for those with indefinite, you should have LIVED in the UK for 3 yrs or more prior to this (be it legally or illegally).

newbieholland
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Post by newbieholland » Wed Feb 01, 2012 6:44 pm

Does this mean you have to have three years of residence right before commmencing the course or there can be a break of few years in between?
"The time to repair the roof is when the sun is shining."

Greenie
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Post by Greenie » Wed Feb 01, 2012 8:09 pm

No_marriage_certificate wrote:
Greenie wrote:
sarahassy wrote:
mikilo2008 wrote:hello good contribution by all. i want to enrol for masters in september but i dnt know if i would be assessed as home student or not. i have being in this country since 2007 came with a 6 months visiting visa which expired that year. i ve being living in the uk since then and ve got two kids age 3 and 1. . i dnt know if all the 4yrs have lived in the uk will be considered as ordinary residence because of my immigration status. do i stand the chance of paying home / eu fees when i enrol. am not married got coa from zambrano and hoping to get the residence card based on that this year. mother and partner of a british
Hello mikilo,i'm exactly in the same boat like u,and i want to start my masters in september,i think being a family member of eea u r entitled to all benefits the eea member enjoy,so i think u study as a home student.Get your COA plus all the photocopies of your application and take them to the uni u want to study they will register u as ahome student.
hi there,

There is no requirement to have been "lawfully" resident in the UK 3 years prior to start of your studies. Only major requirement is to have some form of status before the 1st day of the academic year you are intending to begin (1st september). I am 100% sure of this as i have helped about 5 of my family and friend s put their application through to student finance and on ucas. 1 had indefinite leave to remain after 10 years of being in the country illegally, and the other 4 were MArried to EU citizens for less than a year but have been in the uk for 5,6 & 7 years each unlawfully prior to this. NB- they all recieved their status before the 1st of september for the year they were applying to begin their studies.

in conclusion, its not as complex as we think it is! just make sure u are MARRIED to your EU partner, and for those with indefinite, you should have LIVED in the UK for 3 yrs or more prior to this (be it legally or illegally).
you may have 'helped' people, but I am quoting the law and where the law requires ordinary residence, this does not include unlawful residence. Some universities exercise discretion, others make mistakes, each situation is different. The OP has been referred to the information he needs.

expdoct
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Home Fees Status After Returning From Abroad

Post by expdoct » Sun Feb 12, 2012 11:41 am

Hi,
I was born in UK and had been British citizen all along (No dual citizenship) but have completed all of my graduation in Nigeria. I had returned to UK in October, 2009 after a gap of 20 years. I have purchased a property in my name in the year 2011. I am looking for a postgraduate admission in UK in the academic year 2012 - 2013 (starting on September, 2012). Can anyone please suggest whether I might be eligible for home fees. I understand that I have to meet three years residence criteria before 1st day of the academic year, 2012. But will the house ownership help me for home fees status, even when I am not meeting the exact three years (falling short of one or two month) residence requirement.

Thanks

Greenie
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Post by Greenie » Sun Feb 12, 2012 1:14 pm

It would be up to the university to make the assessment. Buying a house in the UK will not help you. How old were when you left the UK? Did you maintain a home here whilst you were in Nigeria? What was your immigration status in Nigeria?

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