Uk's International Students: Are They Ordinarily Resident?

The term 'ordinarily resident' is a broad term that is relevant to several domains in the UK, including immigration routes and accessing the NHS. Although it is not clearly defined in statute or immigration rules, it is a term found within UK immigration law. Generally, to be considered ordinarily resident, an individual's time in the UK must show a degree of continuity. This means that they have habitually and normally resided in the UK...for a settled purpose. There is no minimum period of time required to be considered ordinarily resident, and individuals can be ordinarily resident in two countries at once. This status is important for international students in the UK, as it can impact their fee status and access to NHS services.

Are international students ordinarily resident in the UK?

International students and eligibility for home fee status

International students must meet specific criteria to be considered ordinarily resident in the UK and qualify for home fee status. Ordinarily, resident status is determined by an individual's entitlement to NHS services and their ability to meet the settled purpose criteria. This means that the individual's housing situation in the UK appears stable, and they are employed, self-employed, or recognised job seekers in the UK. There is no minimum period for living in the UK to be considered ordinarily resident; however, the nature of the individual's connection to the UK is essential.

International students might be eligible under the 'long residence' category if they are not UK nationals and meet specific criteria. For instance, they must be under 18 and have lived in the UK for at least seven years or be 18 or over and have lived in the UK for at least 20 years or at least half of their life. Additionally, UK nationals resident in specified British Overseas Territories may also be eligible for home fee status and tuition fee loans.

The UK Council for International Student Affairs (UKCISA) provides guidance and advice to international students on fees and funding. Following the UK's exit from the European Union, new eligibility categories for home fee status and student support were established for courses starting after 1 August 2021. European Economic Area (EEA) and Swiss nationals, and their family members, who have been granted settled or pre-settled status under the EU Settlement Scheme, are eligible for home fee status and student support.

It is important to note that students must be assessed as ordinarily resident and meet the settled purpose criteria to qualify for home fee status. Higher education providers follow regulations and exercise discretion in making decisions on fee status. Students unsure about their eligibility should contact their university and Student Finance England. Additionally, students should be aware that amending fee status after enrolling and starting a course is typically not possible.

International students and entitlement to NHS services

International students in the UK are generally eligible for NHS treatment. However, this depends on their residency status and the length of their course. International students on a course longer than six months are eligible to use NHS services, while those on a course of six months or less are not.

Ordinarily Resident Test

To be considered 'ordinarily resident' in the UK, an individual's time in the country must show a degree of continuity. This does not mean that their stay in the UK is indefinite. For example, a student who has only committed to living in the UK for a few years can still be considered ordinarily resident. There is no minimum period of time required to be considered ordinarily resident; it depends on the nature of the individual's connection to the UK.

Entitlement to NHS Services

An individual's entitlement to NHS services is often determined by the Ordinarily Residence Test. This test includes a list of questions that reveal an individual's circumstances and whether they grant them access to NHS healthcare services. Some of these questions include:

• Does the individual's housing situation in the UK appear stable?
• Are they employed, self-employed, or a recognised job seeker in the UK?
• Are they in the UK for a 'settled purpose'?

NHS Treatment for International Students

International students are advised to take out health insurance in addition to their entitlement to NHS treatment, in case of unforeseen circumstances. This can be done through advice and policies offered by the student's school, college, or university.

International students can access NHS services by registering with a local GP. They will be given an NHS number, which is used to prove eligibility for NHS services. It is important to note that dental services and eye care are provided separately from GP services and may require additional payment.

International students and indefinite leave to remain

International students on a Tier 4 or Student visa are ineligible for indefinite leave to remain (ILR) in the UK. This is because the ILR allows you to stay and work in the UK without any restrictions and for an unlimited period, and student visas are not eligible for settlement purposes.

To be eligible for ILR, you must switch from your student visa to a different visa category that leads to ILR. The only way to get ILR on a student visa is through the 10-year long residence route. The qualifying years (time spent in the UK) will reset when you switch to your new visa, which means that you will need to remain in the UK for a further 5 continuous years to be eligible for ILR.

There are different ways to apply for ILR, depending on your circumstances. For instance, if you have a work visa, you must usually have lived and worked in the UK for 5 years. If you have a tier 1 visa, it can be 2 or 3 years. If you have an Innovator Founder or Global Talent visa, it can be 3 years. You may also need to meet salary or financial requirements, depending on your visa.

It is important to note that to be considered ordinarily resident in the UK, your time in the country must show a degree of continuity. While this does not mean that your stay in the UK is indefinite, individuals must have been granted ILR to be considered ordinarily resident. However, this is not a requirement for everyone, and the requirements for EEA and Swiss citizens are slightly different.

International students and temporary absence

International students' entitlement to NHS services is determined by an ordinary residence test. This test is used to assess an individual's entitlement to NHS healthcare services. There is no minimum period of time required for living in the UK to be considered ordinarily resident. It depends on the nature of the individual's connection to the UK. For instance, a student may only have committed to living in the UK for a few years but they would still be considered ordinarily resident.

The 'settled purpose' concept has been developed by the courts to determine ordinary residence. It may be one purpose or several, it may be specific or general, and it may be for a limited period. All that is necessary is that the purpose for living in the UK has a sufficient degree of continuity to be described as settled. For example, registering an S1 or A1 in the UK may indicate an intention to settle in the country. However, not registering an S1 does not automatically mean an individual is not ordinarily resident.

The following groups are exempt from charging for needs-arising treatment, regardless of whether they are ordinarily resident:

• EU visitors with a valid healthcare document on a temporary stay in the UK, for example, tourists or short-term business visitors.
• Certain visitors from countries with whom the UK has a reciprocal healthcare agreement covering needs-arising treatment.
• Visitors from Switzerland, Iceland, or Liechtenstein who arrived in the UK on or before 31 December 2020, for as long as their temporary stay continues.

In June 2015, the Student and Exchange Visitor Program (SEVP) updated the process for corrections to student records with a temporary absence of fewer than five months. Designated school officials (DSOs) can now submit a request to change an F-1 student's record to Active up to 60 days in advance of the student's return from a temporary absence.

International students and dual residence

In the UK, for example, there is no minimum period of time needed to be living in the country to be considered ordinarily resident. Instead, it depends on the nature of the individual's connection to the UK. This includes factors such as the stability of their housing situation and their employment status. International students who are only in the UK for a few years can still be considered ordinarily resident.

In the US, international students on F-1 visas are generally considered nonresident aliens for tax purposes. They are required to file a tax return, but different rules apply depending on whether they are a resident or nonresident for the tax year. International students can benefit from tax treaties between the US and their home country, which may result in reduced or exempt taxes on certain types of income.

It is important to note that the requirements for ordinary residence or dual residence may vary depending on the country and the specific circumstances of the individual. Each case should be considered on its own merits.

Frequently asked questions