Advice Needed Concerning Academic Status With Residence Card

DestinyChild · Post by **DestinyChild** » Sat Aug 06, 2011 8:45 am

Hi House, I really need your advice ad thoughts concerning this issue. I hold a Residence Card as a Family Member of an EEA National. My RC is valid till 2016. I have always wanted to further my studies and I can see the opportunity before me now. I am looking towards doing my Masters Degree next year. However, I need some clarifications from you all. Will I pay the International Student Fees as a Residence Card holder or will I pay the Home Fees? Has anyone here been in this situation before? What advantages will I have studying for my Masters ( PhD included ) as a EEA Residence Card holder?

I am also thinking of studying in Canada for my Masters Degree. I'm looking at this as an alternative because of the Cheaper fees in Canada. I've done some research in this regard. If I study in Canada, will it affect me when I apply for my PR Card. I read somewhere that Residence Card Holders are allowed to go and study in other countries and still retain their status. Is this true? I need to hear from the informed Men and Women on this board. I need your advice urgently. Thanks a lot, friends.

Post by **Jambo** » Sat Aug 06, 2011 9:23 am

How many years have you been living in the UK? Have you lived before in the EU?
The main criteria is 3 years of residence in the UK/EU before starting the course, although some universities might relax this rule a bit. See more info here.

If you go to to study in Canada, what would your EU sponsor do? It's the EU activity that matters for PR. You are allowed to be outside the UK for up to 6 months a year or one absence of 1 year due to important reasons like studying, childbirth.

Post by **Obie** » Sat Aug 06, 2011 9:40 am

In the context of permanent residence card and continuity of residence, i think it will be necessary for the non EEA to be in UK as as well. As Canada is a beautiful place to live with lots of opportunities this may not be an issue for you.

DestinyChild · Post by **DestinyChild** » Sat Aug 06, 2011 9:47 am

@Jambo,

I have not lived in any other EU country apart from the UK. I have been in Britain since late 2007 but got my RC March 2011. My EU sponsor is my Family and we've known each other for 22 years. Anyway, what are my chances for getting my PR if I study in Canada? The Master's Degree Program in Canada is about 18 months. I also read somewhere that once one has been in the UK legally for 5 years, one can apply for ILR under UK Immigration Rules. Is this so? Let em hear from you, friend. Thanks.

Post by **Jambo** » Sat Aug 06, 2011 10:01 am

Under which visa type were you previously in the UK? If you have lived in the UK since 2007 (not under a student visa), you should be eligible for home fees.

If you go to Canada for that length of time, your 5 years for PR will reset and start again when you return.

You can apply for ILR if you have been in the UK under the UK immigrations laws. As you are now under the EU regulations, you can't mix and match those periods.

DestinyChild · Post by **DestinyChild** » Sat Aug 06, 2011 10:24 am

@Obie, can you explain further on the Canada issue? You said Canada is a beautiful country with lots of opportunities. Are you saying I can move to Canada for my Masters Degree and decide not to come back to the UK? I know it is easier in Canada for Immigrants but one can never tell what could happen in the future, you know. What do you think, friend?

@Jambo, I came to the UK on a Visit Visa in 2007 and used to travel to and fro to Africa before my EU Family Member applied for the Residence Card for me. I had to stay in Britain till I got the RC early this year. I was not in the UK on a Student Visa. I was not allowed to work until my RC was approved. So what are my chances of paying the Home Fees if I decide to study for My Masters in the UK? I'm even thinking of studying in Scotland or Northern England. Thanks for your response, friend.

Post by **Jambo** » Sat Aug 06, 2011 10:33 am

As you haven't lived in the UK since 2007, just visited, you will not be eligible for home fees. You need to have been lawfully living in the UK for three years before the start of your course in order to pay home fees.

However, some universities might be more flexible. I suggest once you narrow down the places you want to go to, you contact them directly and ask.

DestinyChild · Post by **DestinyChild** » Sat Aug 06, 2011 10:42 am

@Jambo, thanks for the advice. I will narrow down my choices and contact the Universities directly. With your advice, I don't think I'll be eligible for Home Fees. I will contact the Schools though. Cheers.

Post by **Obie** » Sun Aug 07, 2011 8:03 pm

DestinyChild wrote:@Obie, can you explain further on the Canada issue? You said Canada is a beautiful country with lots of opportunities. Are you saying I can move to Canada for my Masters Degree and decide not to come back to the UK? I know it is easier in Canada for Immigrants but one can never tell what could happen in the future, you know. What do you think, friend?

I believe Canada has a more generous immigration policy in comparison to the UK. If you are a student, there are great opportunities to switch to work permit category than there are in the UK.

The job prospect and quality of life in Canada, is in my view far better than the UK.

Some people may disagree with this, and i will not have issues with it, but i believe the Canadians are more welcoming than the British.

Most important of all, their tution fees and opportunities for scholarship are greater than UK.

It is however up to you, to make a decision that will be best for you.

You have the right to be out of the UK for 6 months in a year, and there is nothing stopping you from coming back, if you realise there are little prospect for you over there.

I personally will choose Canada to the UK, any day, giving the choice.

DestinyChild · Post by **DestinyChild** » Mon Aug 08, 2011 7:24 am

@Obie, thanks for the advice. I have always loved Canada since I was in Secondary School. I read many books on the country and fell in love with it. I am thinking of doing my Masters in Canada because the fees are lower there and they have a solid Educational System. I'll pray about the issue, friend. Since I'm allowed to be out of the UK for 6 months, I bet that the 6 months will cover the period of my study in Canada. I will contact the 2 Universities I am applying to in Canada. Thanks, Obie.

pinkpanter · Post by **pinkpanter** » Mon Aug 08, 2011 1:41 pm

I am doing Masters and now preparing for my desertation. I have RC status and I paid home fees. You just need to send copy of your passport with RC to your university's facility/Fees or Bursary departement. Please also see below
http://www.ukcisa.org.uk/student/info_s ... s_ewni.php

But, you must be residing in the UK/EU.

Post by **Greenie** » Mon Aug 08, 2011 4:08 pm

pinkpanter wrote:I am doing Masters and now preparing for my desertation. I have RC status and I paid home fees. You just need to send copy of your passport with RC to your university's facility/Fees or Bursary departement. Please also see below
http://www.ukcisa.org.uk/student/info_s ... s_ewni.php

But, you must be residing in the UK/EU.

the OP was already correclty advice that s/he does not qualify for home fees because s/he has not been ordinarily resident in the UK/EEA for the last 3 years. Being a family member of an EU national and having a RC is not sufficient in itself.

Post by **Directive/2004/38/EC** » Thu Aug 11, 2011 4:07 am

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

12 months is OK once in the first 5 years if it is for an "important reason" like studying in Canada...

mcovet · Post by **mcovet** » Fri Aug 12, 2011 12:10 am

The Unis may be breaking the law insisting on 3 years' residence! If the EEA family member is a WORKER, Self-employed, then their family members must have access to education and other benefits of the local Brits under the same conditions under Art. 7 and 10 of the Regulation 1612/68EC!

I would insist on home fees mate, they cannot discriminate on grounds of nationality under EU law.

Greenie wrote:
pinkpanter wrote:I am doing Masters and now preparing for my desertation. I have RC status and I paid home fees. You just need to send copy of your passport with RC to your university's facility/Fees or Bursary departement. Please also see below
http://www.ukcisa.org.uk/student/info_s ... s_ewni.php

But, you must be residing in the UK/EU.
the OP was already correclty advice that s/he does not qualify for home fees because s/he has not been ordinarily resident in the UK/EEA for the last 3 years. Being a family member of an EU national and having a RC is not sufficient in itself.

Post by **Directive/2004/38/EC** » Fri Aug 12, 2011 12:16 am

mcovet wrote:family members must have access to education and other benefits of the local Brits under the same conditions

And so it is for local Brits too!

mcovet · Post by **mcovet** » Fri Aug 12, 2011 12:18 am

you mean if a brit is not resident in the uk for 3 years, they pay overseas student fees?

Directive/2004/38/EC wrote:
mcovet wrote:family members must have access to education and other benefits of the local Brits under the same conditions
And so it is for local Brits too!

Post by **Directive/2004/38/EC** » Fri Aug 12, 2011 12:19 am

Most Brits obviously are resident for all their lives, but for those who have been living outside the UK, it can be a big problem!

mcovet · Post by **mcovet** » Fri Aug 12, 2011 12:38 am

fair enough mate, I can see where you are coming from, as then there wouldn't be any discrimination, however, I still believe that to charge family members of workers to be charged overseas fees could be off-putting to workers and affect the free movement and desire of the workers to move to another Member State, therefore, it is arguable that charging higher fees than home students is illegal.

Don't know but if I were facing a higher fee, I would try my best to fight the decision of uni. The question is how long could the whole process take. May have to pay in full and then claim back?

Directive/2004/38/EC wrote:Most Brits obviously are resident for all their lives, but for those who have been living outside the UK, it can be a big problem!

Post by **Directive/2004/38/EC** » Fri Aug 12, 2011 12:50 am

I certainly think there are some grounds for fighting it. But you have to be willing to be in such a fight for the long haul that it will be!

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Advice Needed Concerning Academic Status With Residence Card

Advice Needed Concerning Academic Status With Residence Card