Home Vs international student rules

[Riskofbeingsued]

Hi all. I'm fairly sure I have read the guidelines properly but just wanted to check my understanding before I have the discussion with a friend.
Friend is a UK citizen, married to a non UK (and non EU) citizen. He has not lived in the UK for 15 years or so but lived in the UK prior to that and did all his education here.
He and his wife want to come back to the UK at some point.They would like their children to go to uni here. The children have dual nationality.
My understanding is that they would be treated as home students if they have been resident for a minimum of 3 years at the time of application, which (assuming they don't take a gap year) effectively means being resident from at least the start of GCSEs.
(I am trying to explain to them that, given the potential for their preferred schools not having any spaces in years 8/9, it would be better - in terms of having choices at least - to move at the start of year 6 in order to maximise their options for secondary schools. They will not have the option of independent schools).
Could someone who knows confirm whether I'm correct about home fees for uni? Thank you.

If they are currently in France/the EU and the child will be applying before 2028, they will be home students under the Post-Brexit legislation, even without the residence.
Otherwise, yes, there needs to be 3 years residence and even then , individual universities will decide on home/intl status.

Thank you that's really helpful.
They are not in the EU and they will be applying in 2030 I think if I'm doing my maths right.
So from that last sentence - can universities decide someone does not have home status even if they have been here 3+ years?

Direct your friends to
The student finance calculator
The Student Room - the student finance tab

Or better yet Student Finance England ( if considering England)

Yes, universities can decide someone does not have home status even with 3+ years residence. There are many complications in this area. I have dealt with residence status during my career in HE but since for England reference is made to case law in deciding these cases the area is evolving and since I'm retired I no longer claim to be keeping up! For Scottish institutions there is actual guidance, which is much more helpful. Much comes down to whether the dc is deemed to be "ordinarily resident" in the UK which excludes the dc being resident wholly or mainly for the purpose of education. So a dc at boarding school or day school living with a host family in the UK while their own family remains abroad would normally fall outside the "ordinarily resident" categoary.
There is helpful information on www.ukcisa.org.uk/Information--Advice/Fees-and-Money/Ordinary-residence-case-law

In Scotland at least it was common for parents of prospective students to seek a view from individual universities prior to applying, sometimes several years in advance. The advice always bristled with caveats, but it gave a helpful advance view particularly where "ordinarily resident" was being wrongly interpreted by the family. I'd encourage your friends to seek official advice on their own behalf.

I will do thank you.
I think, because they will all come here together and then will live here permanently, they probably won't fall foul of any rules about being "ordinarily resident" - particularly as they do have time to sort this out.
I will direct them to the rules but the main issue at the moment is explaining to them the potential limitations with regards to education (depending on where in England they move to; obviously some areas which are less densely populated will be different) if they move their child in the middle of secondary education.
Thank you all - much appreciated

Be aware that rules may be different in Wales, Scotland, NI and England.

Thank you. Due to family they will definitely be relocating back to England but of course might decide on unis in one of the other home nations.

Due to family they will definitely be relocating back to England but of course might decide on unis in one of the other home nations.

Exactly. I know that fees and grants differ eg an resident of England in a Welsh or Scottish uni would be treated differently than a Welsh resident at a Welsh uni or. Scottish resident at a Scottish uni.