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Topic: Been assessed to pay home fees at the lower rate?  (Read 3698 times)

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Been assessed to pay home fees at the lower rate?
« on: August 30, 2011, 06:01:12 AM »
As above, I've filled out the application that my uni has sent me and I did so honestly. But I've been assessed as a home student (possibly because I'm on flr(m) or maybe because it asked if I was married to a member of the EU and uk was on there so I ticked yes). So since I filled out everything honestly, should I mention it? Also can I get in some kind of trouble when I apply for ILR?

Please please help! My uni starts really soon and I'm freaking out at the moment with flat searching and everything else.
Met DH to be: 2004
Visited back and forth:2005-2008
Student visa: September 2008
Married: September 2009
Flr(m): July 2011
Finished my bachelors: May 2012
Finished MSc: august 2013
ILR approved: September 2013
Citizenship approval: August 2015
Passport received: November 2015
Citizenship journey is complete!





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Re: Been assessed to pay home fees at the lower rate?
« Reply #1 on: August 30, 2011, 10:15:44 AM »
Maybe it is correct? When did you come to the UK and for what purpose?

See all the categories of people eligible to pay "home" fees at http://www.ukcisa.org.uk/student/information_sheets.php#tuition_fees

I don't see how your fee status has anything to do with your future ILR application.
« Last Edit: August 30, 2011, 10:21:55 AM by sah10406 »


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Re: Been assessed to pay home fees at the lower rate?
« Reply #2 on: August 30, 2011, 10:24:02 AM »
You have to have lived in the UK as a resident for 3 years from the first day of your course. Based on your ticker and you being so close to 3 years my guess is you will you be here 3 years by the time your course starts-- so no problems.


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Re: Been assessed to pay home fees at the lower rate?
« Reply #3 on: August 30, 2011, 10:45:32 AM »
You have to have lived in the UK as a resident for 3 years from the first day of your course.
Not necessarily.  See new generous rules for family members of EU nationals at that link, under category 3, "EU Nationals and Family".  For courses in England starting on or after 1 September 2011, the family member of an EU national (including UK nationals who have exercised a right of residence elsewhere in the EU) can be eligible by "piggy-backing" or inheriting the 3 years ordinary residence from the EU national, even if they don't have it themselves.

I agree that as the family member of a UK national, OP would probably meet category 3 "EU Nationals and Family", unless during any of the 3 years your residence was wholly or mainly for full-time education.  This would only affect you if you were previously on a student visa during the the three years in question.
« Last Edit: August 30, 2011, 11:50:17 AM by sah10406 »


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Re: Been assessed to pay home fees at the lower rate?
« Reply #4 on: August 30, 2011, 12:50:30 PM »
Which she was. Gibby, you may want to contact them and ask them to double check it. I don't think it would affect your ILR, but the university might later decide to ask for that money back and that could be a problem.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: Been assessed to pay home fees at the lower rate?
« Reply #5 on: August 30, 2011, 01:08:55 PM »
The period in question would be 1 September 2008 to 1 September 2011.  It is not automatically a problem if you had a student visa during some of that time.  For example, if you were married before 1 September 2008, you could show that even though you were on the student visa, your whole or main purpose was no longe your studies.


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Re: Been assessed to pay home fees at the lower rate?
« Reply #6 on: August 30, 2011, 05:44:25 PM »
Thanks guys, I thought it was a bit too nice ;D. I was here as a student for most of my stay so I technically don't qualify and DH was never living outside of England so no excercising of treaty rights on his part. So yep I will contact them :). I was married in 2009 so I can't really prove that my stay here was mostly for the purpose of being with my partner. Well it was, but I don't know how to prove it.
Met DH to be: 2004
Visited back and forth:2005-2008
Student visa: September 2008
Married: September 2009
Flr(m): July 2011
Finished my bachelors: May 2012
Finished MSc: august 2013
ILR approved: September 2013
Citizenship approval: August 2015
Passport received: November 2015
Citizenship journey is complete!





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Re: Been assessed to pay home fees at the lower rate?
« Reply #7 on: August 30, 2011, 05:50:47 PM »
Were you living together and/or engaged to him the whole time? You could possibly argue that although you were on a student visa, this was because it was the only to be with him, which was your primary purpose in moving to the UK.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: Been assessed to pay home fees at the lower rate?
« Reply #8 on: August 30, 2011, 07:26:10 PM »
Were you living together and/or engaged to him the whole time? You could possibly argue that although you were on a student visa, this was because it was the only to be with him, which was your primary purpose in moving to the UK.

Not officially :( unfortunately. We rented out 2 flats in the same building and shared one of them for the first 7 months I lived here. He also officially proposed to me in 2009 although we knew we'd get married way before then.
Met DH to be: 2004
Visited back and forth:2005-2008
Student visa: September 2008
Married: September 2009
Flr(m): July 2011
Finished my bachelors: May 2012
Finished MSc: august 2013
ILR approved: September 2013
Citizenship approval: August 2015
Passport received: November 2015
Citizenship journey is complete!





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Re: Been assessed to pay home fees at the lower rate?
« Reply #9 on: August 30, 2011, 09:32:33 PM »
So yep I will contact them :).
Why contact them?!  They have assessed you as "home".  I do think it is incorrect, but that's not your problem -- in fact it is a fantastic bonus!

I would advise paying the home fee in good faith.  If they later decide they got it wrong, they may invoice you for the balance of fees.  However, I have to say, if you start the course based on a wrong "home" assessment, a uni should morally let you continue as such.  


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Re: Been assessed to pay home fees at the lower rate?
« Reply #10 on: August 31, 2011, 05:59:54 AM »
Why contact them?!  They have assessed you as "home".  I do think it is incorrect, but that's not your problem -- in fact it is a fantastic bonus!

I would advise paying the home fee in good faith.  If they later decide they got it wrong, they may invoice you for the balance of fees.  However, I have to say, if you start the course based on a wrong "home" assessment, a uni should morally let you continue as such.  

Good point. At my old uni they messed up the amount of tuition I needed to pay and accidently gave me the last year's rate rather than the year I was starting. They also said, it was a binding contract so even if it was a mistake that they couldn't change it now that I was registered. Maybe the same applies here?
Met DH to be: 2004
Visited back and forth:2005-2008
Student visa: September 2008
Married: September 2009
Flr(m): July 2011
Finished my bachelors: May 2012
Finished MSc: august 2013
ILR approved: September 2013
Citizenship approval: August 2015
Passport received: November 2015
Citizenship journey is complete!





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Re: Been assessed to pay home fees at the lower rate?
« Reply #11 on: August 31, 2011, 10:14:15 AM »
[quote author=GibbyGab link=topic=71633.msg991760#msg991760 They also said, it was a binding contract so even if it was a mistake that they couldn't change it now that I was registered. Maybe the same applies here?[/quote]
I don't think it would even get that far.  If the error comes to light, the student is highly unlikely to be made to pay the overseas fee.

Of course, any separate assessment is not likely to make the same mistake.  For example, an undergraduate in your sitaution would not be eligible for the package of student support, and you are unlikely to be eligible for the Access to Learning Fund.


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Re: Been assessed to pay home fees at the lower rate?
« Reply #12 on: September 20, 2011, 01:36:53 PM »
My situation is similar.  I've been in the UK since Sept 2008, on a Tier 4 Visa (took forever to complete coursework) plus a few months' stay with a tourist (?) visa and now on a prospective student visa.  I will apply to another course and the question is the same. Though I haven't spent 3 unbroken previous years in the UK, I have resided mainly here.  How do I reply to that question? The US could be considered my home or main residence but I haven't lived there in 5 years, though I've visited for as long as 2 months.


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Re: Been assessed to pay home fees at the lower rate?
« Reply #13 on: September 21, 2011, 10:35:24 AM »
My situation is similar.  I've been in the UK since Sept 2008, on a Tier 4 Visa (took forever to complete coursework) plus a few months' stay with a tourist (?) visa and now on a prospective student visa. 
I don't understand how it is similar.  OP almost meets the category "EU Nationals and Family", except the early part of their 3 years ordinary residence fails the "main purpose" rule. 

Which "home" fees category are you thinking you might meet?  Your immigration status suggests you are a standard US overseas student.


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Re: Been assessed to pay home fees at the lower rate?
« Reply #14 on: September 21, 2011, 07:51:37 PM »
:( treacle unfortunately because you were a student pretty much the whole time you probably won't be considered at the home rate. Just answer everything honestly though and they'll make the decision. Every uni is different.

Met DH to be: 2004
Visited back and forth:2005-2008
Student visa: September 2008
Married: September 2009
Flr(m): July 2011
Finished my bachelors: May 2012
Finished MSc: august 2013
ILR approved: September 2013
Citizenship approval: August 2015
Passport received: November 2015
Citizenship journey is complete!





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