Retaining Rights after divorce - query

[apenteado]

Hi there,

My query is about if I am entitled to pay home fees in a Masters (instead of overseas fees), after being granted a new residence card after my divorce from an EEA national, on the basis of retaining my rights of residency.

I am applying for a masters The University has classified me as overseas student and that will make it unviable to me to do the course, as I won't be able to afford the fee. Fees for oversea students are three times higher than the fees for home students.

I understand that I can not be considered settled, as I don’t have Indefinite Leave to Remain, but If I have retained my rights of residency, does it mean that I still qualify under the same exception that grants the right to paying home fees to EEA spouses? (see the university answer below).

As I know that to be able to give proper advice the people in this forum need to have the whole picture, here is my background story and what the university said about my application:

I am Brazilian and I was married to a Hungarian/Brazilian national. After moving together from Brazil to London in 26/12/2005, I was granted a residence card as family member of an EEA national.

We eventually divorced and the Decree Absolute was granted in the 29 December 2010. Even though I had been living here lawfully for more than 5 years I wasn’t able to apply for an Indefinite Leave to Remain. My ex-wife and I weren’t on good terms and she wouldn’t provide the necessary documents for me to prove that she had been studying and working here for the full of the 5 years (what she had).

I ended applying and been granted another 5 year residence card on the basis that I was entitled to retain my residence rights.

I have been working, registered as self-employed and paying taxes here since 2006.

After checking my documents the university classified me as an International student based on the following:

“To be considered to meet the residence and immigration conditions the student must fulfill three requirements, as follows:
• S/he must be settled (as defined by the Immigration Act 1971) in the UK on 1 September 2010,
and
• must have been ordinarily resident in the UK/EEA for the three years prior to the start of the course (taken as 1 September 2010), and
• not have been resident for any part of that three years wholly or mainly for the purpose of education.

• There are exceptional categories of students who, even if they do not satisfy the above, may still pay the lower ‘home tuition fee. These are as follows:

• Refugees and persons with Exceptional Leave to Remain
• European (EU) nationals or their children, (with 3 years residence in EU or EEA),
• European Economic Area (EEA) migrant workers or their spouse.
• Persons temporarily absent
• Reciprocal exchange students

From the information you have provided you do not satisfy the following condition:
You do not have ‘settled’ status, i.e. you do not have ‘Indefinite Leave To Remain’
Also you do not fall under any of the ‘excepted’ categories. I therefore confirm that you must be classified as an Overseas student for tuition fees purposes.”


I’d like to thank in advance any one that could help me with any information regarding this matter.

André

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