ILTE living aboard for study

[rumise]

Hi Everyone,

I have a small query and would greatly appreciate your assistance in making a decision.

As the legal guardian of my two nieces, aged 12 and 18, both of whom were granted Indefinite Leave to Enter last year and have been living with me for the past 11 months. While the younger one has smoothly settled into her studies in Year 7 without any issues, the older one has been offered a place at a university for her higher education. However, despite being accepted for her chosen course, the university has classified her as an international student, entailing a hefty annual fee of 17.5K. Regrettably, this exceeds my financial capabilities, leaving me with no option but to consider sending her back to Pakistan for her studies, where she would reside in a hostel and will return to the UK regularly during her holidays in semesters.

My primary concern revolves around the potential impact on her UK visa status if she pursues her education abroad for a few years. I've come across information suggesting that residing abroad for consecutive 2 years might jeopardize one's ILR or ILTE status.

I'm deeply invested in ensuring that she doesn't risk losing her settlement status in the UK, but I find myself somewhat confused about the best course of action to take.

Could any of you kindly offer guidance or insights on this matter?

Thank you immensely for your time and assistance.

Warm regards,

[secret.simon]

the older one has been offered a place at a university for her higher education. However, despite being accepted for her chosen course, the university has classified her as an international student, entailing a hefty annual fee of 17.5K.

In order to be classed as a Home Student in England, one of the conditions that the applicant needs to meet is that they were resident in the UK three years before the first day of the first year of the course. Since she has only been living in the UK for 11 months, she will only qualify as an overseas student.

Have you looked into universities in Scotland, Wales or Northern Ireland, all of which have different rules on funding?

Setting aside the question of whether her ILE can be withdrawn/cancelled because of long absences from the UK (see guidance on revocation of ILR), past her 18th birthday, she will need to meet all the requirements of naturalisation as an adult on her own, including the absence requirements over the preceding five and one year.

As she moved to the UK only 11 months ago, she will only be able to naturalise when she is about 22, as the earliest day that she can apply is five years after the first date she was physically present in the UK.