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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Good morning, I've been paying international fees instead

Customer Question

Good morning,
I've been paying international fees instead of home fees to study in a University in England and my university refuses to refund me because they say I do not comply with all the the categories under UKCISA. However, UKCISA says in their website that I have to comply with only one category out of ten possible categories.
I comply with UKCISA category 7 which is "Child of a Swiss National". My parents are Swiss nationals, I have been an ordinarily resident in the UK the first day I started uni and I have been an ordinarily resident of Switzerland more than 3 years required and the main purpose of my residency in Switzerland was not to receive full-time education.
What further steps can I do when the university refuses to comply with UKCISA?
Thank you
Best regards,
Sebastien
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. When you started the course did you agree to pay the overseas fees rate?
Customer: replied 1 year ago.
Hello,
The acceptance letter doesn't show/stipulate that I'm paying or have to pay the overseas fees. I found out when I compared with a British student a few months ago.
Expert:  Jenny replied 1 year ago.
Ok how long into the course are you and I assume you have now written to the University to show that you meet one of the requirements for a home student. Why exactly have they stated they do not accept you meet the home student criteria?
Customer: replied 1 year ago.
I finish at the end of this year. They said they have gone through the various home fees categories on the UKCISA website and just said that I don't comply with all the the criteria under all the categories, which is just impossible to meet and is wrong because the UKCISA website clearly explains that to qualify for home fees I have to fit all the criteria under one category at least. Then I replied that I qualified for Child of a Swiss Citizen but the finance director sent an email to me thinking it was the department fees and said "he is right he doesn't have to fit all the criteria in all the categories but we have decided he doesn't fit any.They didn't explain the reasons why I don't fit category 7.
Expert:  Jenny replied 1 year ago.
Well it is clear you should be classed as a home student.
If you have not already done so I would suggest you call the UKCISA advice line. Details are on the attached link http://www.ukcisa.org.uk/International-Students/About-UKCISA/Student-advice-line/
You should write to the finance department copying in the Vice Chancellor of the University and the Chair of the Students union to state that you have been incorrectly charged international fees and that you expect a refund of the difference in the 2 sets of fees as set out in the regulations. You should state that if the refund is not forthcoming you will have no alternative but to bring a claim to recover the difference in the 2 sets of fees.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Thank you for your answerYes I have an additional question.Under the category 7 there's a note saying "If you have not yet started your course, it is likely your university/college will insist also that your Swiss parent must be exercising a right of residence in the UK (for example as a self-sufficient person, a worker, or a student) on the first day of an academic year of your course. Check this by asking your university/college."Can they play on this note saying that 2 years ago when I didn't started the course my Swiss parents were not exercising a right of residence in the UK? (They were not indeed?) However, would it apply only for the first term fees or first year fees? or now that I have obviously started the course they can't use this note?
Customer: replied 1 year ago.
And how do I bring a claim? Is it a Solicitor who can bring it?
Expert:  Jenny replied 1 year ago.
This will depend on the university policy. You will need to ask to see the policy. In the first instance I would write the letter I have described. If they try to rely on this point then you need to ask to see the university written policy on the point. It is possible to bring a money claim in the county court without a solicitor but it is probably a good idea to see if you can find a specialist solicitor to help you. It may be that if you phone the helpline they can help you.Good luck with this and please do remember to rate my answer as I am not otherwise credited for my time.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thank you very much for your answers.
Have a nice day
Best regards,
Sebastien
Expert:  Jenny replied 1 year ago.
No problem Sebastien. All the best with this.

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