What is a Temporary Absence?
For British and Irish students applying to UK universities from abroad, Home fee status can hinge on how ‘temporary their residence abroad is interpreted to be. This small word plays a big role in determining Home fee eligibility and is often misunderstood or oversimplified.
The Three-Year Residency Rule
To qualify for Home fees, students usually need to have been ordinarily resident in the UK and islands, Republic of Ireland, or specified British Overseas Territories for the three years immediately prior to the start of their university course.
However, students who have lived abroad during that period may still be eligible if their time overseas is considered a ‘temporary’ absence. Universities can ignore temporary absences when assessing a student’s ordinary residence; the rules state that a student should be treated as though they are still ordinarily resident in the if their reason for residing elsewhere is due to the temporary employment of a parent (or the student themselves).
What Counts as Temporary?
There is no definition of ‘temporary’ within the fee status legislation or case law, which leads it to be a highly subjective and discretionary part of a student’s fee status assessment, conducted by the UK universities that they apply to. Each student’s ‘absence’, i.e. their residence abroad, is assessed on a case-by-case basis, however, over time, guidance and case law have helped establish some key principles:
- Intention to return: A temporary absence usually implies that the family intended to return to the UK and have maintained connections there throughout their absence.
- Nature and purpose of the move: Absences due to a student’s or a parent’s employment, diplomatic postings, or study may be accepted as temporary
- Duration of the absence: The longer the time spent abroad, the harder it may be to demonstrate that the absence was temporary in nature.
- Ties to the UK: Maintaining a home, bank accounts, and strong family links all support the case for a temporary absence.
How Universities Assess This?
Universities have a legal duty to assess fee status correctly, and they will look for evidence that the UK was the student’s ‘real home’ during the period in question. Supporting documentation and a clearly explained background are critical.
Examples of documentation that may support a temporary absence include:
- Evidence of regular return visits to the UK
- A short-term, non-permanent employment contract overseas
- A letter from an employer explaining the temporary nature of an overseas post
- A short-term working visa
Only one of the above items alone may not be sufficient to evidence a claim for Home fees, some universities may expect a number of different items that all support that the absence is temporary. Some universities apply their own policy of what duration of absence they will accept as ‘temporary’ – some limit this at 10 years overseas, some at 7 years, some at 5 years and other universities have no limit at all and could consider any period abroad as temporary. Due to the highly variable interpretations of the term ‘temporary’, students often get different fee status outcomes at each of the universities that they apply to.
Risk Factors of Temporary Absence
Any student, regardless of their circumstances, who has resided abroad for many years, is in danger of their absence no longer being interpreted as temporary and therefore, they are at risk of not successfully achieving Home fee status.
Even if parents have moved for non-permanent employment but since their initial move have had a succession of short-term employment contracts abroad, or have renewed their contract multiple times, this may be viewed by the university as the family now being permanently absence.
Equally, the student must remain closely linked to the UK throughout the absence period. If the student has also become integrated into another country (e.g. schooling, long-term residence permits), this may undermine the argument for temporary absence.
Families who emigrate with no stated return date, who sever financial and residential ties with the UK, or who relocate for lifestyle rather than employment reasons may find it harder to claim that their absence was temporary.
How UK Study Options Can Help
Understanding the difference between a temporary and permanent absence is critical to making a strong case for Home fees. Our experienced Fee Status Advisors assess your circumstances in detail and help you prepare the evidence and explanations required.
Start understanding your fee status better by completing our Fee Status Checker now.
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