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A student has a relevant connection with the UK/EU if all of the following are met:
- He/she has been ordinarily resident in the UK/EU throughout the three year period before the start of his/her course, and
- The main purpose of your residence in the UK/EU must not have been to receive full-time education during any part of the three year period, and
- He/she has been given 'indefinite leave to remain'
ppron747 wrote:Sorry to demur, but I'm not sure that they are actually that clear...
Gloucester, for example, says:A student has a relevant connection with the UK/EU if all of the following are met:
- He/she has been ordinarily resident in the UK/EU throughout the three year period before the start of his/her course, and
- The main purpose of your residence in the UK/EU must not have been to receive full-time education during any part of the three year period, and
- He/she has been given 'indefinite leave to remain'
It doesn't, however, explain what "ordinarily resident" means, exactly - or how long it takes to cease being ordinarily resident if you leave the country with the intention of coming back.
It seems to me to be at least arguable that "Mrs Dana" became ordinarily resident in 2000, and that her eight month absence from the country in the middle of that six year period was not sufficient to break her residence.
If the eight month absence was sufficient to break her period of being ordinarily resident, where does this leave the thousands of young people who take a gap year overseas before starting their university education? Shouldn't they be paying at overseas rates because they haven't been ordinarily resident "throughout the three year period before the start of his/her course"?
To me, eight months, as a proportion of six years, isn't very much - especially when you consider that a non-Brit applying for naturalisation can spend fifteen months of their five year residence period outside UK - and that that 15 months can be a single "chunk", provided that it isn't in the year leading up to the date of application...
I don't know whether what I'm saying holds water or not, and it is dozens of years since I was a student, but is not there some body that Mr and Mrs Dana can go to, so they they can at least be certain that the university is interpreting the rules correctly, and that there is no possibility of discretion being exercised if they are?