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Home status via the "right to reside in the EU"

My step son who has lived in the UK for two years has been assessed as 'Overseas' for university. I have relocated to an EU country to exercise my right to reside in the EU, and am working there.
One of the universities that has made him an offer has suggested that this relocation MAY not be sufficient to allow him to get home status, because it is assumed that I have only relocated for the sole reason that he can achieve Home status via this loophole. They seem unable to offer a clear indication one way or another, and as such I suspect that they do not know the answer to this unusual set of circumstances.
Are you able shed any light on this for me? I am a British national, my stepson is from Hong Kong.
Answered by Alison Patterson
Hello Tin Wa,

Residence is more relevant than citizenship for fees status. The general rule is that you must have lived in the UK for the three consecutive years before starting university. Where has your stepson been living for the last three years?

The university has the discretion to determine whether to class your stepson as a Home/EU student or Overseas for fees. They use the information you provide about his residence status and they base their decision on the guidelines and case law.

You can contact Student Finance England for some advice at:


Also look at the UKCISA website at:


If your stepson is planning on going to a university in Wales, Scotland or Northern Ireland the rules will be slightly different to the rules in England, and you must check on the guidance relating to those countries.

Good luck to both of you,


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