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[sny501]

I recently moved from the UK to the US 2 weeks ago. I was born in Nigeria but relocated to Ireland when i was 11 and from Ireland i moved to the UK, I lived in the UK for 5 years and i finished my secondary and college education there. I couldn't renew my visa so i moved to the US because my dad lives there. I applied to some US universities months ago while i was in the UK but the application process has been long and stressful due to me completing my education in the UK and to be honest I don't really want to study here. So i decided i would move back to the UK to complete my education so i applied to a UK university but the university is telling me i would be charged as an international student. I don't see how this is right because i finished my education in the UK, paid my taxes and i only moved to the UK because my dad got a job there. The university told me to check a website to see how they reached their decision and according to the website it said that i would have to be an ordinary resident to be charged home fees which i was because i lived in the UK for more than 3 years and i only left 2 weeks ago. I was wondering if anyone could help me by telling me how i could appeal against the situation? I also informed the university that i am currently applying for a student visa to return to the UK as i couldn't extend my previous visa and i don't see how me leaving the country for 2 weeks affects my residence because i have to be absent from the country for 6 months. can someone please help?

[bacardiandlime]

You mention your UK visa has expired: so obviously you are not a UK resident.
If you were previously living in the UK only to study or attend school, and were on a student visa, you cannot be considered a 'home' student for the purposes of fees.
You would get more accurate information if you take this up with the home office or an immigration lawyer.

[scotia]

My understanding is that you don't qualify for 'home' student status if your purpose for living in the UK was to receive a full-time education. It is not clear from what you have said whether you stayed on in the UK in order to complete your education and your family is not here? If that is the case, even though you finished your schooling here you are not exempt from overseas student fees (one of my personal tutees has been arguing fee status recently with these circumstances and I know he failed to be reclassified as a 'home' student).

[expatinuk]

I assume that you're still a Nigerian citizen and not a citizen of Ireland.

[sny501]

Nah I'm not an Irish citizen, i only moved to england because my dad got a better job there and i wasn't on a student visa before, i couldn't extend/renew the visa i was on before so i decided to apply for a student visa

[expatinuk]

Nah I'm not an Irish citizen, i only moved to england because my dad got a better job there and i wasn't on a student visa before, i couldn't extend/renew the visa i was on before so i decided to apply for a student visa

That's why you're classified as an international student. You are considered such by the Home Office and you'll be considered such by all universities. You might investigate other immigration avenues available to you. If your father worked in the UK for a number of years, he's probably eligible for 'Indefinate Leave to Remain'.

[sny501]

yea he worked in the UK for about 4 years but he didn't apply for indefinite leave to remain, I'm confused because on the website the university told me to go on, it said to qualify as a home student i have to be in the country 3 years before the start of my course,  have to be "settled" which i was and that the main purpose of my residence in the UK was not to receive full time education which it was because the only reason i moved was because my dad got a better job. To me I'm just like "taking a holiday" in the states lol i don't see how it should affect my status if I'm not going to be absent for more than 6 months and I'm just "transferring" my visa

[expatinuk]

Because it's a STUDENT visa. I've had international students who did their A Levels here, College here, BA here, and were STILL an international student when it came to fees, because they had a student visa.

[sny501]

So if i apply for another visa i would qualify as a national student?

[reslifeguy]

After a period of three years, yes.

[bacardiandlime]

only if that new visa was as a resident/employee. If you're in the UK for another 3 years as a STUDENT, on a STUDENT visa, you will still be classed as overseas.

[ideagirl]

You should talk to a UK immigration attorney to sort out whether you could possibly renew your previous UK visa. You are going to be stuck in this situation until and unless you become a legal resident (not just a student) of the UK. Possibly you could qualify, since you were brought to Ireland and then the UK as a child and spent so much time there. But you will have to sort out what country you're a legal resident of before you can sort out your student fees situation.

[sny501]

I already have, i was on a "to join parent" visa and since my parents don't live there anymore i can't renew it which is why i applied for another visa. I am currently trying to sort it out with the university but they haven't got back to me yet, If i applied for residency after 3 years would i be charged as a national student throughout my 5 years of study or for just the remaining 2 years at the university? And right now i am a legal resident of the US because i have a green card.

[bacardiandlime]

If you apply for residency, then after 3 years you would switch to 'local' status for fees. But during those three years, you are still classed as 'overseas'.

[scotia]

From what you have said, I don't think you have any realistic chance of qualifying for 'home' fees status until you have lived and worked in the UK for at least three years (and being on a student visa for three years will not qualify you to move to home fees status).