British citizen child abroad and UK student finance eligibility

[Pinacoladar]

Am I right in thinking my dc who only has British citizenship but is living abroad and attending school abroad but returning every summer to the U.K., isn’t eligible for a student loan or domestic fees for university unless they’ve lived return to the U.K. in year 11 or take a long time between year 13 and allowing for the 3 years after that to obtain one.

this seems a really daft rule as year 11 is possibly theee most disruptive year to expect dc to return to the U.K. in and three years after year 13 is also not a great option.

Seems a bit unfair as many foreign dc obtain student loans but my dc who only has British citizenship and won’t be eligible for any other citizenship won’t be able to. I pay taxes in the uk. Not sure if that makes any difference. Can’t seem to work out why my dc won’t be eligible tbh other than ‘it’s the rules’

I think you are correct.. (I’m not certain)
I don’t think they’re expecting you to move your child in y11 to qualify… I think they’re reserving student finance for children resident in the UK. We are also abroad; I understood that even as a British citizen (but non resident) that child would count really as a foreign student and also have different fee structure possibly… I may have misunderstood!

Ultimately because wyou haven't been paying tax here while living abroad.

You are right, its based on residency not nationality.

@AlwaysRightISwear Op says she does pay tax in the UK… it would be an unusual situation if the parent is resident in the UK & paying tax but the child isn’t.. possible I guess but very rare

It depends. If you are in Eu it might be possible to get home fees.
I have also heard - but anecdotally- we are also outside the Uk, that it can be University and course dependant.
There is government guidance.
Sometimes if you can prove strong links to the Uk - flight tickets etc and Airbnb/hotel stays then home fees will be given.
Student finance is another matter.

Do they live in the EEA or Switzerland? Were they living there on Dec 31st 2020 and have they lived there continuously since? And does the course start before Jan 31st 2028? If the answer to all those questions is ‘yes’, then they generally are eligible. Otherwise, it looks like not.

https://commonslibrary.parliament.uk/research-briefings/cbp-10708/

Not that unusual if the OP owns property in the Uk or for other reasons fills a Tax return.

@Seagulldancing thats not the case though. there seem to be a number of rules that put my dc in a worse position than a non uk national:

‘If you’re a non-UK national who’s lived in the UK for at least 7 years (if you’re under 18) or at least 20 years or half your life (if you’re over 18)’

my dc has lived in the uk for this length of time but as a uk national it doesn’t apply to them. Also if you’ve studied in uk overseas territories you can also apply.

these also allow you to receive a student tuition fee loan:

‘You’re a Chagossian with British citizenship or a British citizen who is a direct descendant of a Chagossian’ you can get a loan.

‘you’re a UK national who’s been living in the EU, Switzerland, Norway, Iceland, Liechtenstein or Gibraltar and your course starts before 1 January 2028‘

The DC generally has to have been ordinarily resident in the UK for the three years prior to and on the relevant date, which is usually the first day of the first academic year of the course.

The system is set up for UK residents. It sounds like you aren’t, so yes, that’s the rules.

Is your DC at boarding school overseas on a student visa, but the UK is their permanent home out of term time? Then that might be within the eligibility criteria (I had to provide a lot of evidence and paperwork to student finance before they approved loans for my DC in those circumstances).

But if they are actually living overseas, with their parents or relatives, then no.

Couldn't they return for year 12 & 13 and then take a gap year, and be eligible?

I have also heard it can be uni/course specific, so if you have unusual circumstances you could ask.

It is university dependant but 100% possible to receive home fees especially if they have visited the UK regularly whilst living overseas. Even better if you have a home here that you either rent out or use as your UK base. You just have to be armed with all of the evidence. Bills in your name, air tickets/ boarding passes etc … It is however a bit more difficult to be successful in applying for maintenance loans since they are regimental
about sticking to the 3 year rule.

Thanks for the advice. We don’t own any property. It’s complicated but we’re not the only ones in this situation.

Whole system seems daft, would make more sense if it was U.K. citizens only or even U.K. residents only but it’s not. My dc isn’t sitting any gcse so I’m not sure if they’ll be eligible for sitting a levels at a college in year 12/13 which adds to the problem as they don’t sit any exams until 18

problem is, I’ve read that taking a gap year can affect some applications to some universities (dc wants to apply for oxbridge) We can’t afford international fees though so we’ll have to see what happens I suppose.

But your DC isn’t a UK resident are they? So they’re not a home student. You can’t live abroad but expect the privileges that come from living in the UK. It’s not based on nationality.

coming back for a levels should be fine. And then apply for Oxbridge without a gap year and if they get a place then write and explain why one is necessary.

You could always contact admissions at your preferred Oxbridge colleges to enquire about fee status.

DD got student finance, loan etc despite having done all her education in France. Born in France but dual nationality.
some unis were home some weren’t. She went to Birmingham and loved it. She’s just graduated.

Fee status is based on residency more than nationality. Three years is usually the minimum, and it can’t just have been to attend school in the UK. So if your child is a UK national but has lived outside the UK up to the starting date of their course, they will not qualify for home fees and will be charged international fees. There are various exceptions relating to personal situation but it doesn’t sound like they apply to you. The Brexit exception applies if they were resident in the EU on the date of the withdrawal agreement, but only for course starting before 1 Jan 2028.

All I can advise you to do is to start collating your evidence now, anything that you can think of that shows your ties to the UK and your regular visits back here. I have been in your shoes, I lived overseas for 30 years and both my DS's up until year 13. They were offered home fees for all of the 11 universities that they applied for between them and we know so many friends who were offered the same.

I’ve lived outside the UK for 25 years but have always submitted a tax return because I own property and have savings in the UK. I’m tax resident elsewhere, but I still declare my tax in the UK as well.

Unless you are temporarily abroad such as on a Government contract or in the Armed Services there is the three years of normal residence criteria.