czh6777 发表于 2020-08-01 09:26
5. Those with the ‘right of permanent residence’ in the UK
In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
(a) you have the right of permanent residence in the UK (under European Community (EC) law) on the first day of an academic year of the course; and
(b) you were ordinarily resident in the UK on the first day of the first academic year of the course; and
(c) you were ordinarily resident in the UK and Islands for the three-year period before the first day of the first academic year of the course; and
(d) if any of your ordinary residence in (c) was for the main purpose of receiving full-time education, you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories immediately prior to that three-year period.
You are ordinarily resident in the relevant residence area (which depends on the category and its qualifying conditions) if you have habitually, normally and lawfully resided in that area from choice. Temporary absences from the residence area should be ignored and therefore would not stop you being ordinarily resident. It has also previously been successfully argued in the UK courts that an individual can be ordinarily resident in more than one place at the same time; individuals wishing to demonstrate this would have to be living a lawful, normal and habitual residence in each of the areas in question.
If you can demonstrate that you have not been ordinarily resident in the relevant residence area only because you, or a family member, were temporarily working outside the relevant residence area, you will be treated as though you have been ordinarily resident there.
Where a category includes a condition that the main purpose of your residence must not have been to receive full-time education, a useful question to ask is: "if you had not been in full-time education, where would you have been ordinarily resident?". If the answer to this question is "outside the relevant residence area" this would indicate that the main purpose for your residence was full-time education. If the answer is that you would have been resident in the relevant residence area even if you had not been in full-time education, this would indicate that full-time education was not the main purpose for your residence in the relevant area.
See Ordinary residence case law for how the UK courts have debated issues of ordinary residence.