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Immigration advise ILR University Fees

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James10101995
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Immigration advise ILR University Fees

Post by James10101995 » Fri Sep 17, 2021 8:48 pm

Hello,

I recently got ILR, before I was on tier 4 student. I am studying at Univerity this is my third year. However, Univerity is not changing my classification from International to Home student. I have been living in the UK for 10 years. I want to change it so I can pay less fees same as a home student. Could anyone recommend what are my options?

secret.simon
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Re: Immigration advise ILR University Fees

Post by secret.simon » Fri Sep 17, 2021 9:01 pm

The university is likely correct. A change of status midway through the course does not change the Home/International student status.

What matters is your status on the first day of the first year of the course, which then lasts the entirety of the length of the course.

See the UKCISA page on England: Fee Status.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Fri Sep 17, 2021 9:09 pm

secret.simon wrote:
Fri Sep 17, 2021 9:01 pm
The university is likely correct. A change of status midway through the course does not change the Home/International student status.

What matters is your status on the first day of the first year of the course, which then lasts the entirety of the length of the course.

See the UKCISA page on England: Fee Status.
Yes, I understand that. However, the university web page still says

"If you have already enrolled onto your course and your immigration status changes while you are currently studying it still may be possible for your fee classification to change. This is assessed by your relevant Student Office / Faculty Administration team in conjunction with the Student Records Unit and previous information held by Admissions."

I was just wondering if there is anything I can do because otherwise, I would have to pay three times the amount compared to the home student.

secret.simon
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Re: Immigration advise ILR University Fees

Post by secret.simon » Fri Sep 17, 2021 9:16 pm

James10101995 wrote:
Fri Sep 17, 2021 9:09 pm
Yes, I understand that. However, the university web page still says

"If you have already enrolled onto your course and your immigration status changes while you are currently studying it still may be possible for your fee classification to change. This is assessed by your relevant Student Office / Faculty Administration team in conjunction with the Student Records Unit and previous information held by Admissions."

I was just wondering if there is anything I can do because otherwise, I would have to pay three times the amount compared to the home student.
Correct. The fee status can change for some categories, primarily EEA citizens and their family members if their status changes. It mostly does not change for people who settle or acquire Long residence under the UK Immigration Rules. That is why that statement has a "may be possible", not "will change".

The page I linked to above also states
If you are starting your course before 1 August 2021:

Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):

EU nationals in the UK
EEA/Swiss workers, and family
Child of a former EEA migrant worker
Child of a Swiss national
Child of a Turkish worker
Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
James10101995 wrote:
Fri Sep 17, 2021 9:09 pm
I was just wondering if there is anything I can do because otherwise, I would have to pay three times the amount compared to the home student.
I can empathise. I did a part-time Masters while working in the UK on my work visa and had to pay the Overseas Student rate, even though I was working and paying taxes in the UK. But then, such is life and such are the rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Fri Sep 17, 2021 9:20 pm

secret.simon wrote:
Fri Sep 17, 2021 9:16 pm
James10101995 wrote:
Fri Sep 17, 2021 9:09 pm
Yes, I understand that. However, the university web page still says

"If you have already enrolled onto your course and your immigration status changes while you are currently studying it still may be possible for your fee classification to change. This is assessed by your relevant Student Office / Faculty Administration team in conjunction with the Student Records Unit and previous information held by Admissions."

I was just wondering if there is anything I can do because otherwise, I would have to pay three times the amount compared to the home student.
Correct. The fee status can change for some categories, primarily EEA citizens and their family members if their status changes. It mostly does not change for people who settle or acquire Long residence under the UK Immigration Rules. That is why that statement has a "may be possible", not "will change".

The page I linked to above also states
If you are starting your course before 1 August 2021:

Special note: Some people change from one qualifying category to another in the middle of their course. After 31 July 2021, you will only be able to change into this category if you previously qualified under one of the following categories for the same course (or for a course you have transferred from):

EU nationals in the UK
EEA/Swiss workers, and family
Child of a former EEA migrant worker
Child of a Swiss national
Child of a Turkish worker
Those who are ‘settled’ in the UK and have exercised a ‘right of residence’ in the EEA/Switzerland
James10101995 wrote:
Fri Sep 17, 2021 9:09 pm
I was just wondering if there is anything I can do because otherwise, I would have to pay three times the amount compared to the home student.
I can empathise. I did a part-time Masters while working in the UK on my work visa and had to pay the Overseas Student rate, even though I was working and paying taxes in the UK. But then, such is life and such are the rules.
ah man, that's a bummer but thank you for your help.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Fri Sep 17, 2021 9:35 pm

Just one last bit of question. As I was on tier 4 uni make all tier 4 students do a weekly check-in session which is all about standing in long Q and showing your documents. They normally say if we fail to attend they will report us to UKIV and revoke our sponsorship and we could get deported. Even if I don't attend those and they reported me nothing will happen?


PS - sorry for the extra post I cannot seem to edit my last comment, I also wish there was a way to like comments on this forum.

secret.simon
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Re: Immigration advise ILR University Fees

Post by secret.simon » Sat Sep 18, 2021 12:38 am

If you have ILR, then your immigration status is independent of sponsorship.

Ideally, if you inform the university that you have acquired ILR, you should not need to have your documents verified on a regular basis. You may of course have to provide them with the proof of your new immigration status once, so that they can place it on their record.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Sun Sep 19, 2021 8:27 pm

Hey, I have another question. I am thinking about applying for student Finance then. Will it impact my British citizen application?

Even though I have ILR but uni is refusing to change my status will that mean I won't get student finance?
Last edited by James10101995 on Sun Sep 19, 2021 8:30 pm, edited 1 time in total.

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Re: Immigration advise ILR University Fees

Post by CR001 » Sun Sep 19, 2021 8:30 pm

James10101995 wrote:
Sun Sep 19, 2021 8:27 pm
Will it impact my British citizen application?
No.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Immigration advise ILR University Fees

Post by secret.simon » Sun Sep 19, 2021 8:39 pm

James10101995 wrote:
Sun Sep 19, 2021 8:27 pm
Even though I have ILR but uni is refusing to change my status will that mean I won't get student finance?
Similar rules to Home/Overseas fees apply to Student Finance as well. You need to have held ILR status on the first day of the first year of the course.

As CR001 has mentioned, there is no impact on British citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Mon Sep 20, 2021 9:23 pm

Thank you both.

bookerw100
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Re: Immigration advise ILR University Fees

Post by bookerw100 » Tue Sep 21, 2021 8:00 am

Heres'a an idea: is it possible for you to change universities? If so, show your new ILR status to the new university and ask if you transfer to them will they accept you as a home student.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Thu Sep 23, 2021 6:14 pm

bookerw100 wrote:
Tue Sep 21, 2021 8:00 am
Heres'a an idea: is it possible for you to change universities? If so, show your new ILR status to the new university and ask if you transfer to them will they accept you as a home student.
as brilliant as the idea sounds. Unfortunately, it is impractical as I am doing a PhD so it would be impossible to find supervisors in a similar field. Even if I did I would have to start from scratch again.

secret.simon
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Re: Immigration advise ILR University Fees

Post by secret.simon » Sat Sep 25, 2021 3:58 am

bookerw100 wrote:
Tue Sep 21, 2021 8:00 am
Heres'a an idea: is it possible for you to change universities? If so, show your new ILR status to the new university and ask if you transfer to them will they accept you as a home student.
I think (not absolutely sure) that if you transfer a course, such as by transferring across the credits of a particular course to another university in order to continue it there, it is still regarded as the same course for the purposes of fees at least.

I would be very surprised if the government has left such an obvious and big loophole lying around for the taking.

And it is not the university's choice on whether to treat somebody as Home or Overseas student. That status is governed by the Regulations on the matter listed in the UKCISA website linked to above.

Also, Overseas student fees is a revenue earner for universities, while Home student fees are heavily restricted and regulated. So, it is not in the university's interests to change the status if it doesn't have to.
James10101995 wrote:
Thu Sep 23, 2021 6:14 pm
I am doing a PhD
You mentioned above that you are doing a Masters. Are you doing an MPhil course leading to a PhD? If so, is it possible to split the course, so that you graduate with an MPhil (or other Masters) and then start the PhD an academic year later, with the same institution? In such a case, I would suspect that you would get Home Student status on at least the PhD leg of the studies.

From what I have read on the topic, the journey towards a PhD can be onerous. I wish you the best of British for your studies.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

James10101995
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Re: Immigration advise ILR University Fees

Post by James10101995 » Sun Sep 26, 2021 12:08 am

secret.simon wrote:
Sat Sep 25, 2021 3:58 am
James10101995 wrote:
Thu Sep 23, 2021 6:14 pm
I am doing a PhD
You mentioned above that you are doing a Masters. Are you doing an MPhil course leading to a PhD? If so, is it possible to split the course, so that you graduate with an MPhil (or other Masters) and then start the PhD an academic year later, with the same institution? In such a case, I would suspect that you would get Home Student status on at least the PhD leg of the studies.

From what I have read on the topic, the journey towards a PhD can be onerous. I wish you the best of British for your studies.
I guess there's been some sort of miscommunication I am already in the third year of my PhD. Thank you for your kind words though, its been a bit difficult and the weekly check-in at Univerisity obvs didn't help aha but I am hoping to finish it this year.

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