Family Member of British Citizen - Overseas Student Status

[Shogun75]

Hello,

I came to the UK as a student in Sept 2002 and obtained BC based on Long Residence in May 2016 after Tier 1 (PSW) + Tier 1 (G) + 10yr ILR. My 8 yrs old UK-born child is also a BC.

My wife and 17yrs old joined me in Oct 2007. They currently got 2.5yrs extension under "Appendix FM" which expires in May 2017. This because I was compelled to exit the PBS route as a "survival measure" and take on 10yr ILR option contrary to my initial plan.

My son was 8yrs old when he came to UK and spent more than half of his life here and was offered admission in a top University. Unfortunately, he has been classified as "Overseas Student" even thought he doesn't require a Visa to Study in the UK or a Work Permit to take on Employment here. Is that a normal precedure? Is there a legislation that could identify him as "Home Student" rather? The University course starts in Sept 2017 and the earliest he can apply for ILR based on 10yr residence is 7th Sept 2017.

Also, as advised on this forum I initially planned to extend my Wife and son's "Appendix FM" extension for another 2.5yrs in May 2017 and then apply for the ILR in Sept 2017. Is there another and/or shorter way for them to become BC? Given that they've been here for more than 9 years and 2 members of a familly of 4 are already BC.

We meet all the other criteria, in terms of "Income", "Knowledge of Life in UK" and my wife works for the Local Government. We never had any problems and never accessed State Funds.Will it be possible to make a "discretionary" application?

Thanks in advance,

[vinny]

My wife and 17yrs old joined me in Oct 2007. They currently got 2.5yrs extension under "Appendix FM" which expires in May 2017. This because I was compelled to exit the PBS route as a "survival measure" and take on 10yr ILR option contrary to my initial plan.

My son was 8yrs old when he came to UK and spent more than half of his life here and was offered admission in a top University. Unfortunately, he has been classified as "Overseas Student" even thought he doesn't require a Visa to Study in the UK or a Work Permit to take on Employment here. Is that a normal precedure? Is there a legislation that could identify him as "Home Student" rather? The University course starts in Sept 2017 and the earliest he can apply for ILR based on 10yr residence is 7th Sept 2017.

Unfortunately, normal.

[Shogun75]

Unfortunately, normal.

Thanks a lot Vinny for all your valuable and prompts advices.

I was a bit confused about Universities treating this kind of situation differently. I browsed the UKCISA website that you just sent (http://www.ukcisa.org.uk/Information--A ... fee-status) and read the following:

3. EU nationals, and family

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

a) on the first day of an academic year of your course, you must be:

. an EU national; or
. the relevant family member of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person or as a student; or
. the relevant family member of a UK national;

and

(b) you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course (if you have not, see the Special Provision below); and

(c) the main purpose of your residence in the EEA/Switzerland (or the overseas territories if applicable) must not have been to receive full-time education during any part of the three-year period (if you have not, see the Special Provision below).


The lad meets the 3rd conditions of a), b) and c)...
... If of course I assume that the UK is still a member of the EEA.

Am I missing something?
This is extremely nebulous...

[noajthan]

What nationality is your son?

3 years residence in UK and possessing ILR on or before day university academic year starts should clinch home status.

[Obie]

Following Tigere that approach to your child is clearly unlawful.

To my knowledge, it appears that policy changes have been brought about as a result of the judgement.

[vinny]

Thanks, Obie. Looks hopeful.

Under challenge in these proceedings, therefore, are (a) the settlement criterion, and (b) the lawfulness element in the three year residence criterion. This litigation is concerned only with eligibility for student loans, but such eligibility is also a passport to the right to be charged the fees applicable to home students; without it a university is free to charge the fees applicable to overseas students (often significantly higher), although it does not have to do so.

[Obie]

It will be peverse for a person to qualify for Student support but not Home Student status.

[vinny]

'Long residence': new category of 'home' students (after 'Tigere')

Fee Status – What has changed?

[Obie]

Thanks Vinny for the link showing amendment to the regulation. I have been busy with immigration and lost focus on subsequent changes.
Not only is the Secretary of State for BIS bound by Article 2 of the Second protocol, but the institution too are also bound by it.

I will try and be mindful that this is an immigration forum, and will not dwell into Article 2 issues in depth, so as to undermine the primary purpose of this forum.

[CR001]

Also, as advised on this forum I initially planned to extend my Wife and son's "Appendix FM" extension for another 2.5yrs in May 2017 and then apply for the ILR in Sept 2017. Is there another and/or shorter way for them to become BC? Given that they've been here for more than 9 years and 2 members of a familly of 4 are already BC.

There is no shorter route. You will need to apply for their extension before they can apply for ILR.

Once your spouse has ILR, she can apply immediately for BC as spouse of BC under 6(2) of the BNA. IF your son turns 18 (not sure when that is), he will have to wait for 12 months on ILR before he can apply for BC.

[Shogun75]

Following Tigere that approach to your child is clearly unlawful.

To my knowledge, it appears that policy changes have been brought about as a result of the judgement.

Hello,

Thanks Obie.
I'll write a letter to the University now, attaching the policy ruling and will request a re-assessment of his fees status.

Regards,

[Shogun75]

'Long residence': new category of 'home' students (after 'Tigere')

Fee Status – What has changed?

Thanks Vinny,

I'll make great use of the info on those links...
As always, thanks a lot for the priceless assistance..

Regards,

[Shogun75]

Also, as advised on this forum I initially planned to extend my Wife and son's "Appendix FM" extension for another 2.5yrs in May 2017 and then apply for the ILR in Sept 2017. Is there another and/or shorter way for them to become BC? Given that they've been here for more than 9 years and 2 members of a familly of 4 are already BC.

There is no shorter route. You will need to apply for their extension before they can apply for ILR.

Once your spouse has ILR, she can apply immediately for BC as spouse of BC under 6(2) of the BNA. IF your son turns 18 (not sure when that is), he will have to wait for 12 months on ILR before he can apply for BC.

Thanks CR001,

That's fine for my wife then...
Avoiding the 12 months ILR qualification period for BC is in itself a substantial "short-cut", as anything can happen in the post-Brexit UK...

My son will slightly be more than 18 when applying for ILR in Sept 2017 and therefore will have to meet the 12 months qualifying period before the BC. This shouldn't be a problem other than any additional year-on-year inflation on the ILR and BC aplication fees.

The good news and take-away from this thread is that on the 1st Day of his academic year, he'll have lived 10 out of his 18 years continuously in the UK and according to "Tigere", he meets the "Home Student" status. This is an awesome news, because he wouldn't have to take a 12-month sabbatical, before starting Univ...

Regards,