UK university education for US born children with UK passports
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I was born in the UK in 1952, and moved to the US in 1978. I am a UK citizen with a British Passport, but I am also a resident alien in the USA. My wife is a US citizen. We have been married since 1980, and have resided continually in the USA since then. We have three children, born in 1985, 1986 and 1991. We requested and obtained UK pasports for our children in 2002, based on the fact I was born in the UK. Our children would like to go to university in UK, and we have been told that in order to benefit from the UK fees for university education, they must be resident there for three years. Our question is firstly is this correct, and secondly, if so, what constitutes proof of residency, in practise?
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Answer:
Dear James, First of all, this is correct. "To qualify for "home? student status [...] you must have been ordinarily resident in the British Islands for the three years prior to the start of the course. Any residency in the British Islands during that time primarily for the purpose of receiving full-time education will not count as ordinary residence. Exceptions to the three year residency rule are: EC Nationals and their children, who have been ordinarily resident in the EC for the last three years; refugees and those given exceptional leave to remain and their dependants; people and dependants of people who have been temporarily working abroad" (SOURCE: University of Greenwich, Student Finance and Money Management: Part Eight <http://www.gre.ac.uk/studentservices/finance/tuition_fees/payment.html>). This is an example from one university, but is true for them all (as you can see in the Department for Education and Skills site: <http://www.dfes.gov.uk/international-students/readyr.shtml>). However, aside from living legally in the UK (or EU countries) for the past three years, not as a full time student, it is actually up to the educational authorities to determine what is considered to be a "resident". The law itself only states that "the student should also be "settled in the United Kingdom" within the meaning of the Immigration Act 1971". (SOURCE: The Education (Fees and Awards) (Scotland) Amendment Regulations 1997, <http://www.legislation.hmso.gov.uk/si/si1997/97200801.htm>). The Home Office write in their site: "Under Further Education Funding Council (FEFC) policy, a home student is anyone who has been in the UK legally for 3 years (note the absence of any requirement to be settled and any conditions attached to the purpose of residence)." (SOURCE: Home Office, Annex B - Special Classes of Student / Course <http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/policy_instructions/table_of_contents/chapter_3/annexes_/annex_b_-_special.html>). The guidelines for institutions are described in this Word Document: Introduction and Regulations <http://www.dfes.gov.uk/gfees/draft.doc> However, the best source for laymen would be The British Council, who have written in the page (of the British Council of the United States) much clearer rules that would apply to determine if one is a resident or not: "The institution makes the final decision on fees assessment. It is up to you to satisfy the institution that you meet the requirements for home fee status. The following factors are not in themselves sufficient to warrant a home fee classification: * The possession of UK nationality * Ownership of property in the UK * Employment in the UK * Payment of UK taxes No specific exemptions are made for particular groups such as: * UK civil servants in overseas posts * Members of the armed forces serving abroad * University academics working abroad * Commonwealth citizens * Children and spouses of embassy staff from other countries" (SOURCE: Cache of the British Council Page <http://216.239.59.104/search?q=cache:MM6vSqExjMEJ:www.britcoun.org/usa/usa-education/usa-education-prospective-students/usa-education-funding-your-studies/usa-education-funding-fee-status.htm+%22home+student+status%22+uk&hl=en> - I apologise for providing a cache version, but the site wouldn't upload today...). So, how to prove legal residency in the UK in the last three years? Basically, this is administered through the Local Education Authority (LEA) where you live (in the UK...). Please note, that some universities have also allowances or special policies for students from Wales and Scotland: LEA <http://www.dfes.gov.uk/leagateway/> - addresses are found here: <http://www.dfes.gov.uk/leagateway/index.cfm?action=address.default> If you are an EU resident, you'll have to show documentation to that fact from the relevant authorities. So, since this is pretty liquid and open to interpretations, before you go to your LEA office: (1) Call (+44)020 7925 5324 or (+44)020 7925 5339 in order to check your status and eligibility. (2) Obtain a "proofs" such as National Insurance Number, other evidences of residency/work/taxes paid, in order to prove residency. I hope this answered your question. Please contact me if you need any further clarification on this answer before you rate it. Search terms: lea, "home student status" (also with site:gov.uk - in order to get governmental sites)
james1352-ga at Google Answers Visit the source
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