Ordinary residency status
Hello all,
My wife who's a British national lived in Korea for 10 months, returned to the UK for 2 months, and immediately left for Canada and stayed there for 7 months until she moved to the UK again in March 2018. Prior to living in Korea, she had always lived in the UK and hasn't left the country since coming back. She held work visas in both countries. Does this mean that she hasn't been ordinarily resident in the UK for 3 years? |
Re: Ordinary residency status
To clarify: she has been absent for 17 months total in the period March 2016 to March 2019 ?
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Re: Ordinary residency status
Originally Posted by SanDiegogirl
(Post 12653914)
To clarify: she has been absent for 17 months total in the period March 2016 to March 2019 ?
The government document on ordinary residency says that it is possible to be ordinarily resident in more than one place, but doesn't specify the exact criteria, so it's a bit confusing. As I am on the spouse visa, I may be classified as a home student for certain things if she has been ordinarily resident for 3 years. |
Re: Ordinary residency status
https://www.ato.gov.au/law/view/docu...lER536%2F00002
Reading this, it appears that my wife could show that she has been ordinarily resident for three years despite those periods of absence, since she 1) held temporary work visas, and 2) was accompanying me since I had to leave the UK as my visa expired, and 3) never intended to settle in those countries. Am I right to think this way? |
Re: Ordinary residency status
Originally Posted by Bingbing25
(Post 12653917)
Yes. To be precise, she lived in Korea from Sep 2016 to July 2017, returned home and moved again to Canada in Sep 2017, and came back in Mar 2018, and has been here since.
The government document on ordinary residency says that it is possible to be ordinarily resident in more than one place, but doesn't specify the exact criteria, so it's a bit confusing. As I am on the spouse visa, I may be classified as a home student for certain things if she has been ordinarily resident for 3 years. |
Re: Ordinary residency status
Originally Posted by SanDiegogirl
(Post 12653933)
Surely it's whether YOU have been living in the UK permanently for three years which would determine if you can qualify as a home student (presume you are looking at home or foreign student fees) From your posts you have only just arrived in the UK
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Re: Ordinary residency status
Are you referring to the eligibility for home fees for an apprenticeship as per the following website:
https://www.ukcisa.org.uk/Informatio...tus#layer-6262 |
Re: Ordinary residency status
Originally Posted by SanDiegogirl
(Post 12653949)
Are you referring to the eligibility for home fees for an apprenticeship as per the following website:
https://www.ukcisa.org.uk/Informatio...tus#layer-6262 |
Re: Ordinary residency status
Taken from the link I gave you with regard Apprenticeship courses
Education and Skills Funding Agency (ESFA) funds 'home' fees for further education (FE) in England. You will be eligible as a 'home' student in the 2018-19 academic year onwards if you come within one, or more, of the categories below and you are:
9. Non-EEA citizens with three years' ordinary residence in the UKYou will be eligible under this category if you:
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Re: Ordinary residency status
Section 3 says this:
3. Family of EEA/EU nationals, who have not been ordinarily resident in the EEA You may not have been ordinarily resident in the EEA for at least the three years immediately before your course. However, you will be eligible if one of the following sets of requirements applies to you:
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Re: Ordinary residency status
If you have checked with apprenticeship providers as to your eligibility, why are you asking your questions here?
Personally, I don't think you qualify for home fees. The website refers to family members of EU citizens. Your wife is a Brit, and yes, while overall she is a European, I understood these rules to comply with reciprocal arrangements for EU members across states. |
Re: Ordinary residency status
Originally Posted by SanDiegogirl
(Post 12654806)
If you have checked with apprenticeship providers as to your eligibility, why are you asking your questions here?
Personally, I don't think you qualify for home fees. The website refers to family members of EU citizens. Your wife is a Brit, and yes, while overall she is a European, I understood these rules to comply with reciprocal arrangements for EU members across states. When they differentiate between non-UK EU citizens and UK citizens, they mention that. Otherwise EU citizens include Brits too, well, at least for now. |
Re: Ordinary residency status
Yes, I would think she is 'ordinarily resident'
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