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UK University Fee Status Myths and Assumptions

Common myths and assumptions made by expats.

Myth: A British passport will get my son/daughter home fees at a UK university.

Not quite. British citizenship is just one factor that make you eligible. Alone it is not enough to meet the full eligibility criteria, there are other criteria you need to meet additionally to this. Actually, you might not have a British passport but you might still be eligible for home fees. There is provision for people with other UK immigration statuses, such as Irish passports holders, EU passports holders with EUSS pre-settled or settled status, ‘Leave to Remain’ or ‘Permanent Right of Abode’, that may be eligible (providing they meet the full criteria). Essentially, your passport alone doesn’t tell you much about whether you are eligible for home fees so more understanding of the full criteria is needed.

Myth: We’ll have to live in the UK for three years to get home fees.

Not necessarily. If you do live in the UK three years before UK university (and you meet the rest of the criteria), then you will qualify for home fees. However, it is not the case that if you don’t live in the UK, you won’t get home fees. Luckily for expat families living outside the UK, the legislation isn’t quite as explicit as this. What you need is to maintain an ‘Ordinary Residence’ in the UK for three years prior to the start of university. This is not the same as living in the UK – see our blog ‘What’s ‘Ordinary Residence’ (for fee status)’ to learn more about this term. Therefore, it is possible to live outside the UK and still achieve home status at a UK university.

Myth: We don’t have to think about fee status until the university application.

By then, it might be too late. Fee status assessments used to decide if you are eligible for home fees or not typically look at the three-year period before university. By the time the university application comes around, much of this three-year period has passed and therefore you are less able to build a strong case for meeting the eligibility criteria. You should be planning for fee status 3-4 years before the start of university so that you can adapt your living/working/travel plans to make sure you have a good case for home fees by the time you are fee assessed (during university admissions).

Assumption: People we know got home fees, so we will too.

Fee status is highly personalised and everyone’s fee status case is unique as it is dependent on many factors such as citizenship, immigration status, residence history, travel pattern, employment terms, employment history, the university shortlist, the course applying to…the list goes on! It’s unlikely that anyone you know will have a similar fee status case to you and therefore, their chances of getting home fees will be different to yours. It’s recommended to get personal advice on your fee status eligibility as what supported another person’s case for home fees may not support your case.

Assumption: Owning property in the UK will get my son/daughter home fees.

More important than owning a property is the status of that property and how it is used. If the property you own is rented out to a tenant then it’s unlikely that it will support your fee status case. Rather than talk about properties, we talk about the ‘home’. There is an expectation that you have a home in the UK to claim that you are maintaining an Ordinary Residence. This may not necessarily be a property that you own, for example, it could be a rented property, but it should be somewhere that you use as a home when you are in the UK. Everyone’s circumstances are different so what might be a home in the UK for one family might look different to another’s.

 Assumption: Moving my child to a boarding school will get him/her home fees.

This may not be the case, even if your child has been going to boarding school and living in the UK for more than three years. The fee status rules include the ‘main purpose test’ which excludes any residence in the UK where the main purpose was to receive full-time education. If your child is at boarding school but you, the parents, live outside of the UK then universities are likely to apply the main purpose test and take the view that, if not at boarding school, your child will be resident with you. This means that they will not be able to give Home fee status on that basis and you will have a more complicated case to argue your eligibility.

UK Study Options are experts in UK University Fee Status who provide personalised advice to expat families helping them to achieve Home fee status. We visit schools all over the world on a regular basis to present seminars for parents – check our events page to see if we are in your region soon. Complete our  online form to receive a free appraisal of your case and see if you need expert guidance for your application.

Are you now eligible for Home fees in Scotland?

Recently there has been a significant change to the Home Fees rules in Scotland, meaning that more people could be eligible for Home fees.

The Scottish government has introduced a new, amended regulation that came into effect on August 1st 2023. The regulation sees a change to the category ‘Relevant connection to Scotland’ and will also see the ‘Long residency’ category being removed after a recent court case. You can read more in this UKCISA article.

A new Home fees category has been established for individuals who do not possess “settled status” but maintain valid leave to enter or remain in the UK that has not yet expired. From now on, you don’t have to go through the hassle of proving that you’ve lived in the UK for half of your life to get Home tuition fees and financial aid for your studies. If you are starting your course this year or in following years, check the new eligibility requirements to see if you are now classified as a Home student.

And the good news is that even if you’re entering your second or third year, the changes to mean that any future fees you need to pay can be on the basis whether you would have fit into this category when you started your course. UKCISA explain that this has been confirmed by the Scottish Government. It is expected that many students may be able to change their fee status and pay less tuition fees for the remaining years of their course. If you believe that you could be eligible you should ask your university to reassess your fees based on the new rules.

Each nation in the UK has different fee status rules, so you may be eligible for Home fees in Scotland, but not in England. We understand that changes to Home Fees rules may be confusing. UK Study Options are fee status experts and are fully trained on fee status rules. If you would like to get in touch regarding a free appraisal for your home fees case, please complete our online form. Alternatively, if you have any further questions, don’t hesitate to contact us at hello@ukstudyoptions.com.

UK University Fee Status Rules

If you are going to a UK university, your fee status, i.e. whether you are charged home fees or overseas fees, is determined by a set of rules.

The rules are set by the government, but they are published online by a charity called UKCISA who support students in understanding their fee status eligibility. Anyone can access and read the rules online.

These rules differ in each of the four UK nations. The rules that apply to you are based on where the university you are applying to is located. For example, if you are applying to Scottish universities, you need to understand the Scottish fee status rules. If you are applying to English universities, you need to understand the English fee status rules and so on. If you are applying to universities in different parts of the UK you must apply all the relevant rules.

Here’s where to find them:

English fee status rules

Scottish fee status rules

Welsh fee status rules

Northern Irish fee status rules

The rules are largely derived from case law of previous immigration or student finance court cases. This is often where certain terms and definitions within the rules are defined so you may also want to read this information also.

Ordinary Residence Case Law

We understand that these rules can be confusing and it’s not always clear how your fee status would be determined.

UKCISA, who train us at UKSO and university staff on how to apply the fee status rules, offer free advice to students on their fee status and can be contacted here.

The UK Study Options team has extensive training and experience of fee status issues that specifically affect expat students. If you would like some feedback on your fee status case, complete our online form and we’ll get back to you.

PLEASE NOTE: The guidance on fee status rules is regularly updated and the link to the latest guidance may change. The above links are the latest guidance at the time of writing, May 2022.

UK/EU Expats – don’t lose your eligibility for Home fees!

Being eligible for Home or EU fees isn’t quite as straightforward as many expats think. Families assume that having British and/or EU citizenship and owning property in the UK or EU is enough to get an offer as a Home or EU fee payer. It’s not …but read on….!

Here are some points to help you understand what the universities are looking for when the UCAS applications go in each year:

The universities have to undertake due diligence to identify students who are eligible for a Home OR an EU offer.
Most students who are at school overseas will receive a Fee Status Questionnaire in order to gather the information necessary to assess the student’s eligibility. This document may be extensive to include other categories of students such as asylum seekers or immigrants who may also be eligible as well as expats.
You need to prove that your permanent residence is in one country: the UK OR EU and that you maintain your status by travelling back as a family for extensive periods of time each year to one particular place. (One parent and siblings should be enough).
You will need a permanent home address – only one! You can’t make a case for having a permanent home in say an EU country AND England. Each of the four UK countries has a different fee structure and loan company. Depending upon your offer you may then apply to the relevant loans company. International students are not eligible for student loans.
Initially, the universities look back at the student’s whereabouts for three years prior to the first day of the first academic term. A student applying for 2018 entry will have to show where they lived between 2015 and 2018. If the information is not clear the universities will request information about the student’s whereabouts since birth.
The rules and regulations governing fee status allow for a student to be temporarily based overseas if they maintain strong links to their home by returning for perhaps a month or so each year to one address.
There is provision for the parents being temporarily based overseas due to their work and therefore the student having to be based with the parents.
Each university may ask for a variety of documents as proof of your ‘ordinary residence’ in the UK or EU such as e-tickets in and out, utility bills, property deeds or rental agreements etc even shopping transactions in one place!

Problems arise when students and parents are not clear about their ‘ordinary residence’. Many expat families that we deal with have multi-national families and could ostensibly make a case for being either UK (Scotland, England, N Ireland or Wales) with regards to their ‘ordinary residence’ as well as perhaps an EU address. I have a number of families that have several properties and/or addresses they could use in the UK and perhaps an alternative property in the EU where they may spend several weeks each year. In this case students are at risk of losing their eligibility by not maintaining links to one particular place – their ‘ordinary residence’!

Problems also arise as the rules and regulations are open to interpretation and there is no blanket policy across the universities as to information they need from the student. If a university or course is competitive they are likely to have a large team dealing with Fee Status Questionnaires. The outcome from each institution as well as the evidence they ask for varies a great deal.

Be Prepared! Contact us for your personal fee status assessment

Fee status top tips

Each year I visit international schools where many students are UK/EU expats. I try to give accurate and updated advice to students and their families regarding fee status for university study.

Although there are no guarantees it does help you if know a little about the rules and regulations, whether you meet the criteria for Home/EU fees and, if you are eligible, how to compile a clear and strong case. You need to prepare in advance as once the UCAS forms go in it can become a stressful waiting game particularly if the institutions are waiting for information and evidence from you before making an offer.

It’s not just about having a UK/EU passport – you need to show the universities and the student loans companies that you actively live in the UK during the run up period of three years before the course starts.

The rules and regulation governing Fee Status are published by each of the four UK countries; England, Scotland, Wales and Northern Ireland. The outcome of your Fee Status may depend upon where your home is based and which country you are planning to study in.

Technically a student must be ‘settled’ in the UK on the first day of the first term of the course and ‘ordinary resident’ in the UK and have been ‘ordinary resident’ in the UK for three years prior to the first day of the first term of the course to be eligible for Home/EU fees at a UK university. Ordinary residence must not be for the purpose of receiving full time education so, even if the student has been in the UK at boarding school whilst the family remain overseas, this will not count as being ‘ordinary resident’.

Many expats ‘temporarily’ live overseas. Quite often temporary contracts of several years are extended many times so a student may actually have never lived in the UK at all!

Here are my top tips for the new 2016/17 academic year.

Decide where your home is!

It may seem obvious but I come across many UK students who have lived the expat life since birth. They may have family scattered over the UK to visit each year and perhaps a holiday home in Europe. Decide where your natural and habitual mode of living is with your family and stay there regularly, as a ‘family’ (at least one parent and siblings) for a number of weeks or months each year.

Return regularly to your home for substantial amounts of time as a family.

You do not need to own a home (it may help if you do) but you will need to have a regular, mode of family life in one place. You will be asked to provide documentation to support your case. In the past families have provided: family deeds, rental agreements, Council Tax Statements, Utility Bills – anything to show a strong connection to one place in particular. The documents will have your family name on – utility bills may even show the difference in electricity and gas usage in the months you claim to be in the UK compared to the months you are not. Some institutions have accepted shopping bills or bank statements showing transactions from one particular place.

Keep e-tickets and travel documentation for each family member when travelling to and from the UK.

It really helps to show for instance that each summer the applicant and any siblings and at least one parent travel into the UK and out again at the end of the summer. If you travel regularly on one particular airline you will have a record of your flights along with your air-miles. If you don’t think you have any records it is worth going back into your email accounts to find them!

Gather documentation to support your temporary absence from the UK.

There is no definition in the case law or legislation to define what is meant by ‘temporary’ absence from the UK. This is where is gets tricky as the rules and regulations governing Fee Status are open to interpretation by the institution as to what they think is a temporary absence. Some universities have used a cut-off point in the past of six years – so anyone who has lived outside the UK over six years will be treated as an overseas fee payer whether they are a UK national or not!

Some universities will ask to see the parent’s work contract. It helps if this contract is awarded before the family travel outside the UK to live and it states that on completion of the contract the family will be repatriated to the UK. This shows a clear intention of returning to the UK and may well support your case.

Fee Status outcome depends upon the student giving correct, clear information about their circumstances, providing comprehensive supporting documentation and showing a regular, habitual mode of living in the UK as a family for substantial amounts of time each year.

The fact that the rules and regulations are interpreted slightly differently by each country and each institution means that students may be given different fee status decisions by their five universities.

Geraldine Raison’s team at UKStudyOptions offer a Fee Status appraisal as well as ongoing help and support for students if required. The UKStudyOptions team are members of UKCISA and receive regular training along with UK university admissions staff. We can help get you prepared and ready by offering a personal appraisal, explaining the rules and regulations, looking at your strengths and weaknesses and giving you a check list of documentation to gather before you apply!

Email: hello@ukstudyoptions.com for details