NON-EU DEPENDENT HOME OR INTERNATIONAL FEES?

[Rozen]

Does anyone know...

Would a non-EU child an EU national (by virtue of his spouse being non-EU), who is exercising his Treaty rights (working) here in the UK, be eligible for 'home' fees or international fees, if he wishes to go to college?

I'm thinking home fees, but would appreciate some confirmation, or otherwise, as the case may be.

Thanks.

[sakura]

Does anyone know...

Would a non-EU child an EU national (by virtue of his spouse being non-EU), who is exercising his Treaty rights (working) here in the UK, be eligible for 'home' fees or international fees, if he wishes to go to college?

I'm thinking home fees, but would appreciate some confirmation, or otherwise, as the case may be.

Thanks.

How long have they lived in the UK and/or EEA area?

[Rozen]

The parents have been here for almost two years, but their child only arrived a month ago from Africa, on an EEA FP. She wants to start college in September.

[sakura]

The parents have been here for almost two years, but their child only arrived a month ago from Africa, on an EEA FP. She wants to start college in September.

Answer would appear to be no, for the following;
Non-EEA nationals are required to be here for 3 years before the start date of their course. This student would fail that criteria, having only just arrived.

I don't know what you mean by 'college' - is this university or A levels? Either way, they would be considered international fee payers. She would have to wait until September 2010 or thereafter, to qualify. This is even if she obtains permanent residency before that date. Why? Because she needs to be here for three years, no less than that despite her 'settled' status. This rule applies for everyone, even British-born citizens.

See here: http://www.ukcosa.org.uk/images/tuitionfees_ewn.pdf category 3.

Honestly, it would be highly unfair, IMO, if a non-EEA national could qualify that easily, in front of other partners/depedents, for 'Home' fees.

[mads]

THe answer would be no. To qualify for home student fees you are required to be resident in the country for 3 years.
I would suggest you approach the student services of the college/uni that she wants to attend and they can give her more advise on this.

[Wanderer]

THe answer would be no. To qualify for home student fees you are required to be resident in the country for 3 years.
I would suggest you approach the student services of the college/uni that she wants to attend and they can give her more advise on this.

I think they use the term 'Present and Settled'. Just being resident would mean a student could qualify after a three years. So I think it has to be three years on a settlement visa or permit.

[mads]

THanks for the correction wanderer, that is what I meant. You can also read more about fees on
http://www.ukcosa.org.uk/pages/guidenote.htm

[sakura]

THe answer would be no. To qualify for home student fees you are required to be resident in the country for 3 years.
I would suggest you approach the student services of the college/uni that she wants to attend and they can give her more advise on this.

I think they use the term 'Present and Settled'. Just being resident would mean a student could qualify after a three years. So I think it has to be three years on a settlement visa or permit.

Interestingly - for non-EEA nationals, I think they only require 3 years. LSE writes this;

Category 2: European Union (EU) nationals and their children

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

You must be a national of one of the 25 EU countries or the child of an EU national AND

You must have been ordinarily resident in the EEA (which is the 25 EU countries plus Norway, Iceland and Liechtenstein) and/or Switzerland for the 3 years before the relevant date AND

the main purpose for your residence in the EEA / Switzerland must not have been to receive full-time education during any part of the three year period.

So 'nationals and their children' I assume means non-EEA nationals. It always seems slightly different via the EEA track! The UKCOSA guidelines also point out that one does not need to be 'settled', just 'ordinarily resident' for 3 years to qualify.

[sakura]

Rozen,

Can you tell us what you mean by "college"? Do you mean university or further education?

Also (to Wanderer and mads) the EEA route is complex - I should state that I don't know of any cases where the non-EEA on a FP was given 'Home' fees after 3 years, before holding PR (i.e. after 5 years). I am not 100% certain, and am kind of thinking that the university might have the discretion to enforce the 'settled' status in this instance.

There doesn't seem to be much information on this route in regards fees, but it is certainly the case that everyone else requires 'settled' status, so it makes sense that non-EEA nationals on the FP should also have 'settled' status. So you guys are right - there must be also the need to hold PR or something...3 years seems a little easy, IMO.

[Rozen]

By "college", she means she wants to do her A Levels.

[Docterror]

Category 2: European Union (EU) nationals and their children

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

You must be a national of one of the 25 EU countries or the child of an EU national AND

You must have been ordinarily resident in the EEA (which is the 25 EU countries plus Norway, Iceland and Liechtenstein) and/or Switzerland for the 3 years before the relevant date AND

the main purpose for your residence in the EEA / Switzerland must not have been to receive full-time education during any part of the three year period.

This is interesting! The 3 years need not necessarily be spend in the UK. It can be spend anywhere in the EEA. So, if for example the non-EEA child was in another EEA country, say Austria for 3-4 years and then moved to UK today, he or she can get the "home fees". Is that right?

[aboudi]

A friend of mine Non-EU national was married to a Lithuanian citizen for 3 and a half years living in Lithuania and when he came over here with his wife in September last year on a EEA visa of 6 months (before he even filled the EEA2 application for his family permit) he joined a masters degree and paid "home fees". hope this helps.