The student resource guide I was looking at states the following about the terms in which one receives home fees:
In order to qualify for home fees under this category, you must meet all of the following criteria:
(i) you must be 'settled' in the UK [see Box 1] on the 'first day of the first academic year of the course' (or equivalent
date in Scotland) [see Box 2]
AND
(ii) you must also have been 'ordinarily resident' [see Box 3] in the UK and Islands (the Islands means the Channel
Islands and the Isle of Man) for the full 3 year period before the 'first day of the first academic year of the course'.
(For example, if your course begins in October 2006, you must have been ordinarily resident in the UK and Islands
from 1 September 2003 to 31 August 2006)
AND
(iii) the main purpose for your residence in the UK and islands must not have been to receive full-time education
during any part of that three year period.
NOTE: It is not necessary to have been 'settled' in the UK [see Box 1] for three years.
Box 1 defines "settled" :
'SETTLED'
'Settled' means being ordinarily resident in the UK
without any immigration restriction on the length
of your stay in the UK. The fees regulations refer to
immigration law for the definition of ‘settled’. To be
'settled' you must either have the Right of Abode or
Indefinite Leave to Enter or Remain in the UK or have
the right of permanent residence in the UK under
EU law. If your passport describes you as a ‘British
citizen’, then you have the ‘Right of Abode’. Certain
categories exempt from time limits on their stay in
the UK, however, do not come within the definition
of ‘settled’ – for example, diplomats and members
of their households do not have specified time limits
on their permission to stay in the UK but they are
not ‘settled’ under the relevant immigration law.
NOTE: those who are ‘settled’ through having
acquired the right of permanent residence under
European Community (EC) law do not qualify as
‘home’ students under category 1 but may qualify
under category 2, 2A, 2B or 3.
AND box 3 "ordinary resident"
ORDINARILY RESIDENT
You are 'ordinarily resident' in the relevant residence
area (which is either the UK and Islands or the EEA and
Switzerland, depending on the category and its qualifying
conditions) if you have habitually, normally and
lawfully resided in that area from choice. Temporary
absences from the residence area should be ignored.
If you can demonstrate that you have not been ordinarily
resident in the relevant residence area only because you,
or your ‘relevant family member’, were temporarily
working outside the relevant residence area, you
will be treated as though you have been ordinarily
resident for the period during which this was the case.
MAIN PURPOSE OF RESIDENCE BEING
FULL-TIME EDUCATION
Where a category includes a condition that the main
purpose of your residence must not have been to receive
full-time education, a useful question to ask is: “if you
had not been in full-time education, where would you
have been ordinarily resident?”. If the answer is “outside
the relevant residence area” this would indicate that the
main purpose for your residence was full-time education.
If the answer is that you would have been resident in
the relevant residence area even if you had not been in
full-time education, this would indicate that full-time
education was not the main purpose for your residence
in the relevant area.
If I am reading this correctly, when Mark and I wed and I move to the UK on a spouse visa, I would qualify for home tuition fees? My reason for settling would be that of marriage. Also, can you apply for indeffinate leave to remain right after you enter the UK on a spouse visa?
thanks,
Nicky
