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I have a British Passport. My wife and children are in the UK with me on Settlement Visas.

I am confused about the difference between indefinite Leave to Remain and a Settlement Visa. In South Africa, we were in formed that they were essentially the same thing.

Now I hear that in April 2010 (2 years after arriving) my wife and children can only apply for ILR status.

My oldest son is about to go to uni, and there is more confusion about the fees he will have to pay as well. We were informed in SA that with a Settlement Visa, he would have the benifit of paying home fees.

Can anybody clarify this for me please.

ww

ILR is next step, how old is ur oldest son?

Uni fees will still be international I'm afraid, he would need basically to have been three years not under immigration control, ie with ILR or EEA PR...

Wanderer wrote:ILR is next step, how old is ur oldest son?

Uni fees will still be international I'm afraid, he would need basically to have been three years not under immigration control, ie with ILR or EEA PR...

!!! Who on earth told you that??!! Wanderer is wrong, so please don't accept his/her answer.

YOU DO NOT need to have had ILR for 3 whole years!

In order to qualify for ‘home’ fees under this category, you must meet all of the following criteria:

(a) you must be 'settled' in the UK on the 'first day of the first academic year of the course',

AND

(b) you must be ‘ordinarily resident’ in the UK on the ‘first day of the first academic year of the course’,

AND
(c) you must also have been 'ordinarily resident' in the UK and Islands (the Islands means the Channel Islands and the Isle of Man) for the full three year period before the 'first day of the first academic year of the course'. For example, if your course begins in October 2009, you must have been ordinarily resident in the UK and Islands from 1 September 2006 to 31 August 2009,

AND

(d) the main purpose for your residence in the UK and islands must not have been to receive full-time education during any part of that three-year period.

NOTE: It is not necessary to have had 'settled' immigration status in the UK for three years.

I copied and pasted from: http://www.ukcisa.org.uk/student/info_s ... i.php#cat1

to wanderer, I would be enlightened if you could tell me where you got your info from?

I also have a British Passport and my South African husband has a settlement visa in his passport which is only valid for two years. You have to apply of ILR before the visa expires and you can only do so a month before it expires, no sooner. We've just started the process of getting his study books for the Life in the UK test and once he's pasted that (hopefully first time lucky!) we'll be applying for his ILR mid March as his visa expires 2nd April.

3 years UK or EU residential stay prior to first day of academic study is a must even for a UK national to qualify for home fees.

My husband was refused home fees for study until he had completed 3 years of residence at the start of the academic year.