Ozzidoc

UEA wanted VERY precise, accurate dates...if it's any help to you.

hereandthere

It's their job to look at the precise dates so they would notice for sure. What they did about it is another issue.

luvwelly

That's really encouraging since that would cover our 'non-permanent' overseas expat postings on behalf of multinational company...we retain house in UK and fully intend to return...there's no place like home.
Also our posts in EU countries would not go against us anyway it sounds like....brill....kids still at Junior school anyway so expect we'll be home in good time to meet 3 year rule anyway but you need to consider these issues.

Emigration is different from being a 'true expat' moved at Corporate whim every few years but I still think these people returning from Oz have a case, as they are often historically long-term tax payers of UK.

hereandthere

You should be home status, in my view. EU is not overseas for fees purposes, you retain a UK residence and your employment was temporary.

Englishmum

Yes, your children do meet the criteria for 'home status' from what you say. Just keep documents eg. job offer letter, work contracts, copies of work permits/dependant passes (translated into English if necessary) house rental records for your house etc. in case the universities ask for them.

sarahburns

I came across this 3 year rule a while ago and was wondering if anyone knew what the deal would be in my situation.
Now, I was born in Germany, lived there for pretty much all my life. I initially went off to Australia in late March 2008 for my backpacking trip, arrived back in Germany in February 2009. Then left again for Australia in late May 2009, where I still am at the moment. I will be going home from November to February this year, then probably return to Oz for a few months until returning in the European summer to start Uni in October 2011.
Does that really mean I'd have to pay international student fees? Pretty sure my main residential address would be in Germany as it is my "long-term base"? But I don't know... any thoughts on that?

Thanks!

ezzie

It's all down to convincing them that you've been permanantly 'settled' in Germany and the rest was just holidays. But are you talking about studying in the UK, not Germany?

You need to read the gov'ts definition of 'settled'...it's way more than just having an address there.

Why not study in Germany where there aren't any restrictions?

sarahburns

ezzie thanks for your reply.
my partner is english so going to england would be the best option as he could find work a lot easier than in germany (he doesnt speak any german) and i really like the idea of going to uni in the uk rather than in germany anyways.

ezzie

if you search on the threads you'll find some really good links about this, but the main thing is to read that definition of 'settled'. I think with what's happening to education now in the UK, any amount of 'fee discretion' is well and truly going to be whisked away from us. There's always OU...or get partner to learn German (at least he'll be in a country where there's jobs!)

sarahburns

sorry whats OU?

Shellyj

Open University

sarahburns

o okay, yeh not really an option for me. i have my reasons why id like to study in the uk. just talked to my boyfriend and he reckons that that 3 year rule is more for people who have lived outside of the uk for their whole life and just recently came to the uk. he had a friend from china who did his a-levels in the uk, then had to take a gap year to get into uni and only pay home fees. but yeh he thinks that 3 yr rule wouldnt affect me as i have always been on a temp visa in australia and my permanent residence was always germany. over the past few yrs i have also worked in germany for a little while and am planning on working a bit when i go home from nov-feb this year, too.

canadaeh

People in Australia on 457 Visa’s are also here on temp visa’s, but their kids still have to pay international fees when they go home to the UK.

It’s if you are settled, and the fact that you are living here studying (a degree that is 3 years long), might mean you are settled.

This page gives all the FAQ on the subject, but in each one it states you must have been resident and settled for the previous 3 years. This has a lot of questions/Answers for EU Citizens.

http://www.ukcisa.org.uk/student/inf...#home_overseas

It’s not as simple as your Boyfriend says, just for people who have spent most of their life out of the UK. I'm british citizen, I have spent most of my life in the UK, went to school there, worked full time and paid taxes there and still didn’t qualify for home-fees.

You should really find the uni you want and email them, they will be the only ones who will be able to tell you for sure. Also, it might depend where in the UK you want - I think Scotland rules are a little different.

sarahburns

so i just googled a bit more on this matter and found this information on the website of heithrop college in the uk. its not the institute i am interested in but what the website states looks quite official. what do you think?


Temporary Absence
Temporary or occasional absences form the UK or EEA (as appropriate) will not interrupt ordinary residence. Each case must be assessed on its own merits. Evidence could be documents showing:

• The reason why the applicant was abroad (e.g. own or parent’s temporary employment abroad, education abroad, holidays, study, voluntary service).
• That the absence was temporary.
• Details of tax paid in the UK/ EEA (own or parents).
• Evidence of a continued link with the UK/EEA, e.g. continuing to keep a property in the UK/EEA.
• Regular visits home.
• Continued business interests in the UK/EEA.

and also this:
"In the Court's view temporary or occasional absences do not break ordinary residence. Lord Scarman did not define what a temporary or occasional absence might be, but he indicated that it would be possible for an individual to establish ordinary residence in two countries simultaneously. This leads to the conclusion that such breaks could be periods extending to months or even years". (Paragraph 2, Letter from the then Department for Education and Science to LEAs, 30 April 1985 - reference: ACL 2/85).


Now, I could also argue that I went to Australia to study because I here had the opportunity to get into a foundation course which would only take me 3 months in order to prepare for university as i did not meet the academic requirements. the absence was temporary, as i was only issued a temporary visa. i paid taxes in germany for a few months last year and i own part of our family home. my mum in germany has also been paying taxes and everything at home. and i did fulfil the regular visits thing as well.

canadaeh

You really have to look at the Uni you want, for example, I just looked at the University of Leeds... and it doesnt even mention residency or the 3 year rule at all in the fees section, it just states UK and EU Citizens pay home fees.