What does '3 year residence' really mean?

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You HAVE to have lived in the country for 3 years and not just for education, very simple. (Edit: Sorry curls I don't know more about your situation to offer more advice! It doesn't seem very similar to mine)

My case is different:

True for most people, but not for many expat kids. If you're a British couple who had to move away for work related reasons, then your kids still count as 'living in the UK'. I know this is true because I grew up with many other expat British kids in my year who all recieved Home fee status + funding. I suspect this is why the SAAS lady on the phone assured me that I had a good chance of recieving funding. My second time calling recieved a similar answer after a bit more prodding, but like always, I will have to wait til I actually submit my application before the final decision is revealed.

EDIT: I should also add that I have been in the country for 3 months per year, which is another sticky requirement to being a kid counted as 'living in the UK'.

This probably doesn't help you much crazycurls ^^

Thanks anyways, this is good information for others who have similar questions!

Reply 21

FionaMG

Original post by CrazyCurls

Ahh thank you so much for all of this, so about this migrant worker, is there a certain time frame that you have to be working in order to be entitled to the support/loans?? I'm currently doing a gap year so maybe getting a job in the UK would be definitely help my case

Hope to hear from you soon :smile:

I hate to dash your hopes, but the 3-year residence rule does apply to this too. In addition to having an EU (or EEA or Swiss) passport and being employed in the UK, you have to have been ordinarily resident in the EU/EEA or Switzerland for at least 3 years before the date your course is scheduled to begin. The EEA countries are Norway, Lichtenstein and Iceland.
So, getting a job in the UK would help, but after your gap year you'd still be two years short on the residence period. :frown:

Reply 22

balotelli12

Original post by FionaMG

There are all sorts of ifs and buts depending on your circumstances. That was why I asked coffeecakey about country of residence, because rules are different if you're an expat-UK, or family member of, living in the EU.

My daughter has dual nationality, UK and Portuguese, but she is classed as an EU student (i.e. she gets tuition fee loan but no support) not only because she has lived in Portugal all her life but because she was actually born in Portugal. If she had been born in the UK and then moved to Portugal, she would still have dual nationality but would be classed as a home student and would be entitled to both tuition fee loan and support. And if, prior to starting uni, she went over to the UK and got herself a part-time job, she would then be classified as a migrant worker and would be entitled to tuition fee loan and support...

Which all goes to show just how complicated the whole business can be but I'm afraid it doesn't help you much either CrazyCurls. Sorry. :frown:

Sadly this is wrong.
If you went to live in Portugal for any reason other than temporary work contracts then your daughter would not be entitled to home student status without living in the UK for the preceding 3 years.

Reply 23

FionaMG

Original post by balotelli12

I respectfully beg to differ. Please see the thread I linked to earlier in this thread. It has to do with EU citizens' right to mobility within the EU. So the 3-year rule requires EU residence but not specifically UK residence in the case of a student born in the UK, as long as they are back in the UK no later than the start date of their course.
This is why my daughter's friend, who has lived most of her life in Portugal but was born in the UK, will be classed as a home student, whereas my daughter is classed as an EU student.

Reply 24

rb999

Original post by FionaMG

Indeed !

Finally I come across a post that publishes the correct information. Please everybody read the regulations. http://www.legislation.gov.uk/uksi/2011/1986/made - Schedule 1, part 2 , section 10.

The prior 3 year rule ONLY applies to EU nationals and the regulation explicitly does NOT classify a UK national as a EU national. Hence a UK national abroad is eligible for the exact same fees loan and maintenance loan as a uk national already resident in the UK.

Reply 25

SlowlorisIncognito

Original post by rb999

Hi,

I think you've got this wrong, especially as you're referring to a section that doesn't exist in the act you've linked.

I think you're mixing up eligibility for a tuition fees loan and a maintenance loan as well.

Firstly, anybody who has been resident in the UK, for reasons other than education for 3 years can apply for both a fees loan and a maintenance loan. Their nationality usually won't come into it.

If you've lived in the EU for 3 years and are an EU national, you can apply for a fees loan. If you've been living in the UK for those 3 years, like everyone else you can also apply for a maintenance loan/grant.

However, if you are a UK national, and you've been resident outside the UK for the last three years, you're not always eligible for a maintenance loan/grant. However, many expats keep property in the UK, and/or come to visit the UK for extended periods of time. Sometimes, especially if no-one else lives in the property, this can be enough for a student to be considered as a home student for maintenance purposes. Basically, if you can demonstrate a strong enough tie to the UK, you're usually considered a home student. In this case, nationality is relevant, as it would be very hard for someone without British nationality to prove their ties to the UK were that strong.

Reply 26

Melquery

I have a question regarding this. My daughter was born in England, English passport but her dad doesn’t live with us in England. He pays tax in Asia and visits regularly (well did pre covid anyway). Will the fact that he is abroad count against her domestic Uni fees and eligibility for student loans?

Reply 27

CoolCavy

Volunteer Team

Original post by Melquery

This thread is 6 years old

OP will have long graduated by now, you are better off starting a new thread :smile:

Reply 28

Queen20

Hello. I really have to confirm this. I’ve been in full time education and will be completely 5 years by the end of 2024. I’m planning to study medicine after my biomedical science programme and I’m not sure whether I would be eligible to apply for home fees bcz I’m an international student. But I’ll be completing 5 years by 2024 so I’m having doubts whether I would be eligible or not?

Reply 29

Admit-One

Universities Forum Helper

Original post by Queen20

Again, this thread is 6 years old so a lot of information in it is either out of date or from posters who are not on TSR anymore. It’s best to start your own thread.