Tier 2 dependent child- Home or International fee for University

Dear Experts,
I am an Indian citizen. In September 2015, I came to the UK in the Tier 2 general visa and working here since then. My son also came with me as Tier 2 dependent child and started studying year 10 in November 2015. At present, my son is studying A levels (year 13). He will take the exams in May-June 2019. He has also received conditional offers from Universities. But all the universities are considering him as International student for fee.
I recently found that he might qualify for home fee based on the UKCISA category 9. Non-EEA citizens with three years' ordinary residence in the UK.
You will be eligible under this category if you: are a non-EEA citizen; and
have permission granted by the UK Government to live in the UK and not for educational purposes; and
have been ordinarily resident in the UK for at least the three years immediately before your course starts.

I will be very grateful, if I could obtain some clarity whether he will be considered as a Home Student for Tuition Fee based on the above category?
Thank you very much for your time.
Carol

Can you post the link you are quoting from??

Thanks CR001. Please find the link below
https://www.ukcisa.org.uk/Information-- ... layer-6084

There was a mistake in my post first post. The UKCISA category I mentioned is for FE courses and not for higher education at Universities. I understand that my son should have "settled status" to qualify for home fee at University.