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    I am a UK citizen but have been studying abroad since the age of 15, when my parents made the decision to move abroad.
    My father, on whom I am 100% dependent financially, later returned to the EU, working in Italy and Germany, before returning to the UK, where he pays taxes, national insurance, etc.
    Finances have not permitted a relocation of the entire family back to the UK during this time - my wish is and always has been to reside and continue my education in the UK.

    My father has now been ordinarily resident in the UK for over three years. According to UKCISA that makes me eligible for home status for SFA funding, but unfortunately the SFA only covers Level 3 & 4. Since I have completed one year of university here I would hope to continue education at Level 5 and beyond - for which I would need a loan from Student Finance England.

    Do you think I could be accepted to pay Home fees and successfully apply for a loan?
    • Official TSR Representative
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    Hi Velasco,

    In order to confirm if your would be eligible to apply for full funding as a British student, we recommend you call us on 0300 100 0607. This will enable us to take some further information from you to check the funding you would qualify for.

    Thanks
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    (Original post by Mark Lee - SFE Official Adviser)
    Hi Velasco,

    In order to confirm if your would be eligible to apply for full funding as a British student, we recommend you call us on 0300 100 0607. This will enable us to take some further information from you to check the funding you would qualify for.

    Thanks
    Hi there,

    Thank you for your reply.
    I rang that number but when we went to do a flowchart to see if I was eligible, I was immediately ineligible for being 3 years absent.
    May I ask what further information you had in mind, that might perhaps influence this matter?
    Baring in mind my father is financially responsible for our household, resident and tax-paying in the UK, and my absence was involuntary, my desire always having been to reside in the UK.

    Thanks

    EDIT: Reading up on relevant case law it seems established that a child (or an adult not capable of adopting a new residence voluntarily) has his/her ordinary residence established by reference to that of the parent.

    EDIT2: On UKCISA's "Home Or Overseas", under "England Higher Education", there is special provision under [3] (edited to just list the ones I think I'd be eligible under):

    In order to qualify for 'home' fees under this category, you must meet all of the following criteria:

    a) on the first day of an academic year of your course, you must be:

    a national of an EU country; or
    the relevant family member of a UK national;


    b and c) which are the normal ordinary residence requirements

    Special Provision for people studying on courses which started on or after 1 September 2011

    You do not have to meet the Category 3 (b) or (c) criteria (above) if you are studying on a course which started on or after the 1 September 2011 and you are:

    the relevant family member of a UK national who has exercised a right of residence in another EU member state, for more than three months, as a self-sufficient person, a student or a worker
    and
    your relevant family member has been ordinarily resident in the European Economic Area (EEA) and/or Switzerland and/or the overseas territories for the three years before the 'first day of the first academic year of the course' that you are studying.


    Does this mean that I spend three months or more in Europe working or studying, then return to the UK, I could automatically qualify for home fees under this special provision (since my father has been ordinarily resident in the EEA for some time now and I am a UK national)?
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    Hello

    If you have been living within the EEA for the 3 years prior to the start of the academic year, you could be eligible to apply for funding as a migrant worker through your fathers status. Returning for a few months would have no affect, as you yourself must have also been in this area for at least 3 years.

    If you were outside of the EEA within this timescale, this would not apply and you would not be eligible for funding until you meet standard residency requirement.

    Thanks
 
 
 
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