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Home or Overseas University Tuition Fees

Home or Overseas University Tuition Fees

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Old Aug 7th 2013, 4:56 pm
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Default Home or Overseas University Tuition Fees

I posted this on one of the country forums but as was pointed out it probably makes more sense to put it here...............

For university study in the UK - has anyone qualified for home fees without having been resident in the UK for the full 3 years? If so what factors made the difference?
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Old Aug 7th 2013, 5:21 pm
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Default Re: Home or Overseas University Tuition Fees

Originally Posted by jimf
I posted this on one of the country forums but as was pointed out it probably makes more sense to put it here...............

For university study in the UK - has anyone qualified for home fees without having been resident in the UK for the full 3 years? If so what factors made the difference?
Generally, no.

Possible factors would be demonstrating that the absence was clearly temporary (e.g., military posting) - not sure if anyone has recently been able to argue the case based on, for example, a temporary reassignment for a commercial company.

I'm also not sure what role the length of absence played - but I'm assuming you have been away for more than 3 years(?)
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Old Aug 7th 2013, 7:48 pm
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Default Re: Home or Overseas University Tuition Fees

Originally Posted by dunroving
Generally, no.

Possible factors would be demonstrating that the absence was clearly temporary (e.g., military posting) - not sure if anyone has recently been able to argue the case based on, for example, a temporary reassignment for a commercial company.

I'm also not sure what role the length of absence played - but I'm assuming you have been away for more than 3 years(?)
The absence would be more than three years. There would be temporary permits covering 5 years of absence I think.

There is still a house in the UK. It is rented out now so wouldn't be that helpful on it's own to demonstrate a residential tie. However, one theoretical possibility is to not rent the house, let a relative live in the house rent free and put all the bills/council tax etc in my name so I can demonstrate the house is always available for my use.
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Old Aug 7th 2013, 8:46 pm
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Default Re: Home or Overseas University Tuition Fees

Originally Posted by jimf
The absence would be more than three years. There would be temporary permits covering 5 years of absence I think.
There is still a house in the UK. It is rented out now so wouldn't be that helpful on it's own to demonstrate a residential tie. However, one theoretical possibility is to not rent the house, let a relative live in the house rent free and put all the bills/council tax etc in my name so I can demonstrate the house is always available for my use.
There is quite a lot of case law on residence, it is quite complex and you need to read it through if you plan to sail close to the wind.

As I recall, it is not sufficient that the place is kept available for you. For example you might enter into a formal agreement to employ a domestic servant for wages and board to keep it in good order and ready for you at all times. You also have to actually spend times there regularly (see the case law).

It is crucial that you understand that regularly does not mean or imply frequently, but it must be construed in the old world sense of the word, not the New World sense. Meaning periodically rather than ordinarily.

It used to be that Open University had different rules from the rest. I'm not sure whether that is still the case. There is now, only recently, (a little) financial aid available to OU students, but for sure the financial aid (maybe not the fees?) is subject to the three year rule.
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Old Aug 7th 2013, 9:43 pm
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Default Re: Home or Overseas University Tuition Fees

Originally Posted by holly_1948
There is quite a lot of case law on residence, it is quite complex and you need to read it through if you plan to sail close to the wind.

As I recall, it is not sufficient that the place is kept available for you. For example you might enter into a formal agreement to employ a domestic servant for wages and board to keep it in good order and ready for you at all times. You also have to actually spend times there regularly (see the case law).

It is crucial that you understand that regularly does not mean or imply frequently, but it must be construed in the old world sense of the word, not the New World sense. Meaning periodically rather than ordinarily.

It used to be that Open University had different rules from the rest. I'm not sure whether that is still the case. There is now, only recently, (a little) financial aid available to OU students, but for sure the financial aid (maybe not the fees?) is subject to the three year rule.
We would have to take advice on the situation to see if it was worth planning for. I'm just curious to see if anyone has been sucessful with this approach. There are a number of guides but they always indicate a fair amount of uncertainty:

http://www.hmrc.gov.uk/cnr/hmrc6.pdf

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10020.htm
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