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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My name isXXXXX have been attending UK education

Customer Question

My name isXXXXX have been attending UK education full time for the past nine years - two years in primary and seven years in secondary. My mother and brother have also been in the UK for the same period. Our immigration matters are being handled by a solicitor and have been under review by the Home Office and UKBA for the past five years. There is no doubt that eventually my family and I will be granted the right to remain but as everyone knows there is a huge backlog of such matters with the Home Office.

I am 18 and have submitted by UCAS form and now the universities that I have applied to have started to send me the fee status enquiry form seeking to establish whether I should be charged UK fee or oversea fee and I do not have any formal papers or up to date passport to show them.

In addition, I will be applying for a student loan.

I am desperately trying to find my best way forward that will establish that I should pay UK fee and be eligible for a student loan.

This is a very urgent matter since the universities apply a two week deadline for a reply.

I would greatly appreciate your urgent advice.

My mentor is Mr. Ari Norman. His mobile number is XXXXX and his e-mail [email protected]

Your sincerely
Patrick Chong

Mobile number: XXXXXXXXXXX
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

Just to clarify you are not yet a UK citizen please?

JACUSTOMER-lodtfmqq- :

No i still am technically Malaysian and only have an out of date Malaysian passport to show, even though I have lived here for over 8 years.

Alex Watts : And the date of enrolment will you still hold a Malaysian or British passport please?
JACUSTOMER-lodtfmqq- :

DUE TO THE SLOW ACTION OF THE HOME OFFICE I STILL HAVE NO DEFINITIVE DECISION IN WRITING FROM THEM. THEY HAVE AN ENORMOUS BACKLOG WHICH THEY CANNOT COPE WITH.

Alex Watts : It's bad news I am afraid Patrick - if you do not hold a uk passport at the time of enrolment you are not entitled to the home fee.
Alex Watts : This is because until your application is approved you can not be counted as a home student even though you have lived here for 8 years.
JACUSTOMER-lodtfmqq- :

THEREFORE I JUST KNOW IF THEY WILL HAVE DEALT FINALLY WITH MY CASE BY THE DATE OF ENROLMENT

Alex Watts : All you can do is try and chase the Home Office to approve your application but given the application is being processed and not yet completed, the University can not consider you a home student as your application could be declined.
Alex Watts : That is the key date.
Alex Watts : They may have the application but it needs to be approved by date of enrolment.
Alex Watts : If it is not approved by date of enrolment then you would have to pay the higher fee.
Alex Watts : The university may consider a partial refund if you are granted a uk passport after enrolment but there is no guarantee of this.
Alex Watts : I realise this may not be the answer you want and it is certainly not the one I want to give you but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-lodtfmqq- :

SURELY IF I HAVE A LETTER FROM MY SOLICITOR CONFIRMING MY STATUS - BY LAW IF YOU HAVE STUDIED FOR A MINIMUM OF 8 YEARS IN THE UK EDUCATION SYSTEM ARE AUTOMATICALLY ENTITLED TO LEAVER TO REMAIN- IT SHOULD BE ACCEPTED.

Alex Watts : That is not acceptance by the Home Office. Whilst I am sure you are entitled to a uk passport until you have this confirmed by the Home Office then the Univeristy have no obligation to accept a letter from the Solicitor.
Alex Watts : But you do not have status yet - you need it from the Home Office.
Alex Watts : However if your solicitor confirms in writing the status, you can present this to the university and see if they are willing to do anything.
Alex Watts : But there is no guarantee and no law that would make the university accept this.
JACUSTOMER-lodtfmqq- :

I BELIEVE THAT BY THE TIME OF ENRLOMENT (SEPTEMBER 2014 )THIS MATTER WILL BE FINALISED BUT AT THE MOMENT I CANNOT SUPPLY THE DOCUMENT WHICH ARE REQUESTED BY THE UNIVERSITIES.

Alex Watts : Can you ask then to give you 30 days to supply it?
Alex Watts : As I said there is no law that requires the university to accept a letter.
Alex Watts : If you do not have a uk passport at the time of enrolment in law they can refuse to accept home fees.
Alex Watts : All I am saying is that you can ask the Univeristy - there is no legal obligation they must accept home fees if you do not have a uk passport.
Alex Watts : Can I clarify anything about this for you today?
JACUSTOMER-lodtfmqq- :

I WILL GET BACK TO YOU - POSSIBLY TOMORROW.

Alex Watts : If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
JACUSTOMER-lodtfmqq- :

I CAN CERTAINLY ASK FOR AN EXTENSION OF THE DEADLINES, THAT IS PERMITTED.

Alex Watts : You can ask but there is no guarantee you will get it. By law they do not have to give you,one.
JACUSTOMER-lodtfmqq- :

WHAT WOULD HAPPEN IF THE UNIVERSITIES DECIDE I AM NOT ELIGIBLE FOR ENGLISH FEES CURRENTLY AND THEN MY PAPER WORK IS SORTED OUT IN SAY 6 MONTHS TIME WOULD/COULD THEY THEN REVIEW MY STATUS AND ACCEPT THAT I WAS ELIGIBLE FOR ENGLISH FEES

Alex Watts : You would get a refund.