UK/EU or Overseas Fees

Robstin2014 · Post by **Robstin2014** » Tue Jan 15, 2019 12:34 pm

My wife has lived in the UK on a tier 4 student visa for almost 3 years. We are in the process of applying for her spouse visa. She is keen to continue post-graduate studies however we are wondering if she would have to pay the UK/EU fees or Overseas fees. She would be on the Spouse Visa before she starts these post-graduate studies.

Just looking for a way to save money because the difference in fees is over double in some cases!....

We'd appreciate any help.

Rob & Kristin

vinny · Post by **vinny** » Tue Jan 15, 2019 1:02 pm

Home or Overseas fees: the basics.

SamTiger · Post by **SamTiger** » Tue Jan 15, 2019 1:23 pm

See http://www.ox.ac.uk/admissions/graduate ... fee-status#

I'm not an EU national but my partner is German and we live in the UK. Can I pay fees at the Home/EU rate?
If you are married or in a civil partnership, you may qualify to pay fees at the Home/EU rate. If you are not married, it is likely that you will pay fees at the Overseas rate.

sah10406 · Post by **sah10406** » Wed Jan 16, 2019 10:56 am

Robstin2014 wrote: ↑
Tue Jan 15, 2019 12:34 pm
She is keen to continue post-graduate studies however we are wondering if she would have to pay the UK/EU fees or Overseas fees. She would be on the Spouse Visa before she starts these post-graduate studies.

It depends which country of the UK you live in. UKCISA has a guide to who pays home fees in all four countries. See general link posted above for the rules in Scotland, Wales and Northern Ireland.

If it is England, she could potentially meet category 3: EU Nationals and Family:
https://www.ukcisa.org.uk/Information-- ... layer-6082

Note the strict 3-year residence residence criteria (b) and, very importantly given that she was previously on a Tier 4 student visa, the "main purpose" rule (c). The Tier 4 visa does not itself rule her out, but it makes it very difficult to demonstrate that throughout the 3-year period full-time education was never her whole or main purpose.

CR001 · Post by **CR001** » Wed Jan 16, 2019 11:00 am

sah10406 wrote: ↑
Wed Jan 16, 2019 10:56 am

Robstin2014 wrote: ↑
Tue Jan 15, 2019 12:34 pm
She is keen to continue post-graduate studies however we are wondering if she would have to pay the UK/EU fees or Overseas fees. She would be on the Spouse Visa before she starts these post-graduate studies.
It depends which country of the UK you live in. UKCISA has a guide to who pays home fees in all four countries. See general link posted above for the rules in Scotland, Wales and Northern Ireland.

If it is England, she could potentially meet category 3: EU Nationals and Family:
https://www.ukcisa.org.uk/Information-- ... layer-6082

Note the strict 3-year residence residence criteria (b) and, very importantly given that she was previously on a Tier 4 student visa, the "main purpose" rule (c). The Tier 4 visa does not itself rule her out, but it makes it very difficult to demonstrate that throughout the 3-year period full-time education was never her whole or main purpose.

As the OP is a British citizen and not an EU citizen, my understanding is that for home fees to apply, the spouse needs to hold ILR, ie settled status.

sah10406 · Post by **sah10406** » Wed Jan 16, 2019 11:14 am

CR001 wrote: ↑
Wed Jan 16, 2019 11:00 am
As the OP is a British citizen and not an EU citizen, my understanding is that for home fees to apply, the spouse needs to hold ILR, ie settled status.

Not so. Some categories do specify "non-UK EU national" but this one does not, and either way OP is indeed an EU national (for now anyway). UKCISA breaks down the eligibility:

on the first day of an academic year of your course, you must be:

an EU national; or

the relevant family member of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person, student, or worker; or

the relevant family member of a UK national;

CR001 · Post by **CR001** » Wed Jan 16, 2019 11:24 am

sah10406 wrote: ↑
Wed Jan 16, 2019 11:14 am

CR001 wrote: ↑
Wed Jan 16, 2019 11:00 am
As the OP is a British citizen and not an EU citizen, my understanding is that for home fees to apply, the spouse needs to hold ILR, ie settled status.
Not so. Some categories do specify "non-UK EU national" but this one does not, and either way OP is indeed an EU national (for now anyway). UKCISA breaks down the eligibility:

on the first day of an academic year of your course, you must be:

an EU national; or

the relevant family member of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person, student, or worker; or

the relevant family member of a UK national;

Ahhh, thanks.

Robstin2014 · Post by **Robstin2014** » Mon Jan 21, 2019 1:15 pm

Both,

Thanks very much for discussing this.

To summarise, does it seem that UK/EU Fees may apply to my wife should she continue her studies?

Many thanks,

Rob

sah10406 · Post by **sah10406** » Mon Jan 21, 2019 1:37 pm

Robstin2014 wrote: ↑
Mon Jan 21, 2019 1:15 pm
To summarise, does it seem that UK/EU Fees may apply to my wife should she continue her studies?

It may, but it depends. For what it depends on, see my previous reply above, from Wed Jan 16, 2019 10:56 am.

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