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Study in UK university on an article 10 EU residence Ireland

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Ial6734
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Study in UK university on an article 10 EU residence Ireland

Post by Ial6734 » Sun Jun 12, 2016 1:35 am

Hi, I got an EU residence card (article 10) by exercising my father's free movements rights under eu law to Ireland. My father is a British citizen and now that I want to study in UK I can apply for a uk residence card via the surinder sigh route. But I want to know is there any other option I can use?
And if I do apply for a UK residence permit and I am refused will I still hold the Irish visa and residence permit at the end of it all?
Also if I apply there's a 6 month guideline for how long the application takes, can I study in UK untill that time whilst my case is being considered? (I know I can travel to UK for 3 months without visa but does it give me the right to study in university too?)

And with regards to university fees I'll be paying them myself as we don't have 3 year ordinary residence to get student finance. We only have 1 years ordinary residence.

member
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Joined: Thu Sep 29, 2011 7:23 am

Re: Study in UK university on an article 10 EU residence Ire

Post by member » Sun Jun 12, 2016 1:45 am

How long have you been in Ireland?

noajthan
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Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Study in UK university on an article 10 EU residence Ire

Post by noajthan » Sun Jun 12, 2016 1:53 am

Ial6734 wrote:Hi, I got an EU residence card (article 10) by exercising my father's free movements rights under eu law to Ireland. My father is a British citizen and now that I want to study in UK I can apply for a uk residence card via the surinder sigh route. But I want to know is there any other option I can use?
And if I do apply for a UK residence permit and I am refused will I still hold the Irish visa and residence permit at the end of it all?
Also if I apply there's a 6 month guideline for how long the application takes, can I study in UK untill that time whilst my case is being considered? (I know I can travel to UK for 3 months without visa but does it give me the right to study in university too?)

And with regards to university fees I'll be paying them myself as we don't have 3 year ordinary residence to get student finance. We only have 1 years ordinary residence.
The Article 10 card gets you into UK, that's it.

To reside and study in UK your BC sponsor/father ('proxy' EEA national) will have to have returned or be in UK too. Is that the case?

If not, you will need to follow the UK migration trajectory for non-EEA nationals and get a Tier 4 visa.

There is no connection between your UK application and the validity of an Irish-issued card.
However you will lose continuity of residence in Eire after 6 months absence from the State.

Whether a university will let you register is up to their admission and registration policy.

As an 'EU student' they will want sight of a COA (at least) and may not register you without sight of a RC.
This is because UK universities have to work as 'proxy immigration officials' and face penalties (eg loss of sponsor status) if they admit invalid students.
So plan ahead and get your timing right. Don't leave it to the last minute!
- check with the uni international student office as well.

Regarding your fees basis, check the UKCISA website.
If you have resided in another EU country for (I think) the past 3 years you may qualify as an EU student and so pay EU (rather than international) fees.
So check it out carefully - and cha-ching!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Ial6734
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Posts: 7
Joined: Sun Jun 12, 2016 1:19 am

Re: Study in UK university on an article 10 EU residence Ire

Post by Ial6734 » Sun Jun 12, 2016 3:08 am

member wrote:How long have you been in Ireland?

We have been in Ireland for a exactly 1 year now

Ial6734
Newly Registered
Posts: 7
Joined: Sun Jun 12, 2016 1:19 am

Re: Study in UK university on an article 10 EU residence Ire

Post by Ial6734 » Sun Jun 12, 2016 3:16 am

noajthan wrote:
Ial6734 wrote:Hi, I got an EU residence card (article 10) by exercising my father's free movements rights under eu law to Ireland. My father is a British citizen and now that I want to study in UK I can apply for a uk residence card via the surinder sigh route. But I want to know is there any other option I can use?
And if I do apply for a UK residence permit and I am refused will I still hold the Irish visa and residence permit at the end of it all?
Also if I apply there's a 6 month guideline for how long the application takes, can I study in UK untill that time whilst my case is being considered? (I know I can travel to UK for 3 months without visa but does it give me the right to study in university too?)

And with regards to university fees I'll be paying them myself as we don't have 3 year ordinary residence to get student finance. We only have 1 years ordinary residence.
The Article 10 card gets you into UK, that's it.

To reside and study in UK your BC sponsor/father ('proxy' EEA national) will have to have returned or be in UK too. Is that the case?

If not, you will need to follow the UK migration trajectory for non-EEA nationals and get a Tier 4 visa.

There is no connection between your UK application and the validity of an Irish-issued card.
However you will lose continuity of residence in Eire after 6 months absence from the State.

Whether a university will let you register is up to their admission and registration policy.

As an 'EU student' they will want sight of a COA (at least) and may not register you without sight of a RC.
This is because UK universities have to work as 'proxy immigration officials' and face penalties (eg loss of sponsor status) if they admit invalid students.
So plan ahead and get your timing right. Don't leave it to the last minute!
- check with the uni international student office as well.

Regarding your fees basis, check the UKCISA website.
If you have resided in another EU country for (I think) the past 3 years you may qualify as an EU student and so pay EU (rather than international) fees.
So check it out carefully - and cha-ching!
Thanks for the detailed response

If we move to the UK it will be with my father using the surrinder singh route. I wanted to know if there were any other options apart from a tier 4 student visa but there doesn't seem to be one. However, will I still have the right to study in the university if my application is under process for the 6 month guidelined waiting period?

I checked with UKCISA and I qualify for home fees as my father will be treated as an EU citizen who has been resident in eea for 3 years with me as his dependent child (my nationality or length of stay in EEA is invalid). However I am not eligible for student finance or student support.
Will the University accept my residence card issued in Ireland as acceptable proof?
I understand that I have to send my current RC & passport with the application for a UK RC as well, will I get them back once they have received the application or will I only get it back after a decision is made on my application?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Study in UK university on an article 10 EU residence Ire

Post by noajthan » Sun Jun 12, 2016 1:15 pm

Ial6734 wrote:Thanks for the detailed response

If we move to the UK it will be with my father using the surrinder singh route. I wanted to know if there were any other options apart from a tier 4 student visa but there doesn't seem to be one. However, will I still have the right to study in the university if my application is under process for the 6 month guidelined waiting period?

I checked with UKCISA and I qualify for home fees as my father will be treated as an EU citizen who has been resident in eea for 3 years with me as his dependent child (my nationality or length of stay in EEA is invalid). However I am not eligible for student finance or student support.
Will the University accept my residence card issued in Ireland as acceptable proof?
I understand that I have to send my current RC & passport with the application for a UK RC as well, will I get them back once they have received the application or will I only get it back after a decision is made on my application?
It depends on university.
Some members have reported uni wanted to see the RC. Contact relevant uni admissions office and their international student support team.
Remember they may not be experts on SS even if they have heard of it. Expect to have to explain yourself carefully.

Again on fees, well that's good for you. But uni may not understand it. Explain it carefully.
If you are seen as a 'proxy EEA national' you may be eligible for SFE as (as per my understanding) regular EU students are.
Not sure but UKCISA is best source.

After filing the application you may request your documents (back after a few weeks). There's a webpage on Gov UK website for this purpose.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Ial6734
Newly Registered
Posts: 7
Joined: Sun Jun 12, 2016 1:19 am

Re: Study in UK university on an article 10 EU residence Ire

Post by Ial6734 » Mon Jun 13, 2016 12:04 am

noajthan wrote:
Ial6734 wrote:Thanks for the detailed response

If we move to the UK it will be with my father using the surrinder singh route. I wanted to know if there were any other options apart from a tier 4 student visa but there doesn't seem to be one. However, will I still have the right to study in the university if my application is under process for the 6 month guidelined waiting period?

I checked with UKCISA and I qualify for home fees as my father will be treated as an EU citizen who has been resident in eea for 3 years with me as his dependent child (my nationality or length of stay in EEA is invalid). However I am not eligible for student finance or student support.
Will the University accept my residence card issued in Ireland as acceptable proof?
I understand that I have to send my current RC & passport with the application for a UK RC as well, will I get them back once they have received the application or will I only get it back after a decision is made on my application?
It depends on university.
Some members have reported uni wanted to see the RC. Contact relevant uni admissions office and their international student support team.
Remember they may not be experts on SS even if they have heard of it. Expect to have to explain yourself carefully.

Again on fees, well that's good for you. But uni may not understand it. Explain it carefully.
If you are seen as a 'proxy EEA national' you may be eligible for SFE as (as per my understanding) regular EU students are.
Not sure but UKCISA is best source.

After filing the application you may request your documents (back after a few weeks). There's a webpage on Gov UK website for this purpose.
I'll have to contact my uni and see if they will accept a COA untill my residence card comes as it will probably take 6 months if not more. Does anyone know how long they usually take to issue a Coa? I know it says immediately after they recieved the application but what's a realistic time frame if I was to apply on a week?

I won't be eligible for SFE but as long as I get home fees from uni I'm not complaining there

Again can you please tell me what is a realistic time frame for asking back the documents and getting them back?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Study in UK university on an article 10 EU residence Ire

Post by noajthan » Mon Jun 13, 2016 12:12 am

Ial6734 wrote:I'll have to contact my uni and see if they will accept a COA untill my residence card comes as it will probably take 6 months if not more. Does anyone know how long they usually take to issue a Coa? I know it says immediately after they recieved the application but what's a realistic time frame if I was to apply on a week?

...

Again can you please tell me what is a realistic time frame for asking back the documents and getting them back?
Have a look in the timeline thread to see what members are currently reporting.
See http://www.immigrationboards.com/eea-ro ... e#p1360053
Your mileage may vary ofcourse.

Passports/docs can come back in a matter of days.
It varies (possibly due to bank holidays & etc).

For example, one member recently reported 4 days; others have reported timescales longer than the 10 days intimated by Gov UK website.

Note Non-EEA nationals appear to need to have a valid visa in order to get their passport returned - so you may need a UK FP.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Ial6734
Newly Registered
Posts: 7
Joined: Sun Jun 12, 2016 1:19 am

Re: Study in UK university on an article 10 EU residence Ire

Post by Ial6734 » Mon Jun 13, 2016 3:10 pm

noajthan wrote:
Ial6734 wrote:I'll have to contact my uni and see if they will accept a COA untill my residence card comes as it will probably take 6 months if not more. Does anyone know how long they usually take to issue a Coa? I know it says immediately after they recieved the application but what's a realistic time frame if I was to apply on a week?

...

Again can you please tell me what is a realistic time frame for asking back the documents and getting them back?
Have a look in the timeline thread to see what members are currently reporting.
See http://www.immigrationboards.com/eea-ro ... e#p1360053
Your mileage may vary ofcourse.

Passports/docs can come back in a matter of days.
It varies (possibly due to bank holidays & etc).

For example, one member recently reported 4 days; others have reported timescales longer than the 10 days intimated by Gov UK website.

Note Non-EEA nationals appear to need to have a valid visa in order to get their passport returned - so you may need a UK FP.

Thanks for the time line thread that's really useful and looking at it the time they process works fine for what I need.

I have a valid visa for Ireland does that count or do I need a uk visa? (which would be a FP for me)

Richard W
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Location: Stevenage
England

Re: Study in UK university on an article 10 EU residence Ire

Post by Richard W » Mon Jun 13, 2016 8:02 pm

Ial6734 wrote:
noajthan wrote:Note Non-EEA nationals appear to need to have a valid visa in order to get their passport returned - so you may need a UK FP.
I have a valid visa for Ireland does that count or do I need a uk visa? (which would be a FP for me)
Insufficient data! It's an empirical observation rather than a stated Home Office policy. Now, if the Irish visa were also valid for the UK, it should count, but I doubt it is that sort of Irish visa.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Study in UK university on an article 10 EU residence Ire

Post by noajthan » Mon Jun 13, 2016 8:05 pm

Ial6734 wrote:I have a valid visa for Ireland does that count or do I need a uk visa? (which would be a FP for me)
This is why a FP would help you (rather than an Irish visa of some sort):
Non-EEA nationals appear to need to have a valid visa in order to get their passport returned - so you may need a UK FP.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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