Savanna Hoffman
The term 'ordinarily resident' is a broad term that is relevant to several domains in the UK, including immigration routes and access to the NHS in England and Wales. While the term is found within UK immigration law, it is not explicitly defined in any legislation. Generally, individuals must be resident and 'settled' in the UK on the first day of the academic year to be eligible for home student status. Students who are British citizens, have indefinite leave to remain, or have been granted the right to stay in the UK under the EU Settlement Scheme will meet the criteria. To be considered ordinarily resident, an individual's time in the UK must show a degree of continuity, although this does not imply that their stay in the UK is indefinite. For instance, a student may only commit to living in the UK for a few years but would still be considered ordinarily resident.
| Characteristics | Values |
|---|---|
| Definition of 'ordinarily resident' | "Ordinary residence is not a term of art in English law" (Lord Scarman, 1983). |
| "Ordinary residence is relevant to a number of domains in the UK, such as immigration routes and accessing the NHS in England and Wales." | |
| "A person is ordinarily resident if they are living in the United Kingdom... [with] a degree of continuity" | |
| A person can be ordinarily resident in more than one country at the same time. | |
| Who is ordinarily resident? | British citizens who are living in the UK |
| EEA/Swiss citizens have different requirements to be considered ordinarily resident | |
| Individuals with indefinite leave to remain in the UK | |
| Individuals with lawful and reasonable grounds to be in the UK (e.g. work) | |
| Who is not ordinarily resident? | British citizens who are no longer living in the UK |
| Non-UK nationals who are subject to immigration controls and do not have indefinite leave to remain | |
| Individuals in breach of immigration laws (e.g. overstayers) | |
| Prisoners | |
| Entitlements of being ordinarily resident | Full access to the NHS free of charge |
| Home fee status for students | |
| Exemptions | EU visitors with a valid healthcare document on a temporary stay |
| Certain visitors from countries with reciprocal healthcare agreements with the UK | |
| Visitors from Switzerland, Iceland, or Liechtenstein who arrived before 31 December 2020 |
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What You'll Learn
International students' access to NHS services
International students can access healthcare through the NHS in the UK. However, they may have to prove their immigration status. If a student is in the UK for less than six months and has entered the country on a Standard Visitor visa, they do not need to pay the Immigration Health Surcharge (IHS). However, they should take out private health insurance as they will need to pay for any NHS treatment they may receive, except in a medical emergency. The IHS costs £470 per year of intended stay. If a visa duration contains a part of a year that is six months or less, then the student will be required to pay £235 for that portion of their stay. This cost is paid as part of the student visa application and cannot be avoided, even if the student chooses to take out private medical insurance once they arrive.
Once the IHS is paid, international students can use the following NHS services free of charge:
- Emergency treatment in a hospital or A&E
- General health services, including visits to a General Practitioner (GP), vaccinations, routine visits, and any health service associated with illness and injury
However, the IHS does not cover specific services, such as dental and optical care, eye tests, and some specialised treatments that may necessitate private insurance or additional out-of-pocket payments. For example, prescription charges have an average value of £9.65, although some people are exempt, such as those under 18.
To register with a GP, international students will need to visit their local doctor's surgery, clinic, or medical centre during consulting hours with the following documents:
- A letter from their university proving enrolment at the institution
- Their passport
- Any further immigration or visa documents
It is advisable to register with a GP as soon as possible after arriving in the UK, rather than waiting until one falls ill. Many universities have an affiliated medical centre that students can register with, or they will be able to provide details of how to register with a GP at a local surgery or health centre.
It is important to note that an individual's entitlement to NHS services is often determined by an Ordinary 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 questions include whether the individual's housing situation in the UK appears stable, and whether they are employed, self-employed, or recognised job seekers in the UK.
To be considered ordinarily resident, an individual's time in the UK must show a degree of continuity. For example, a student may only have committed to living in the UK for a few years, but they would still be considered ordinarily resident. In some cases, individuals must have been granted indefinite leave to remain (ILR) to be considered ordinarily resident in the UK.
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Fee status and financial support
The fee status and financial support available to international students in the UK depend on several factors, including their residency status, course level, and the specific institution they are attending.
Fee Status
Higher education providers in England classify students as either 'home' or 'overseas/international' for tuition fee purposes. Generally, to be considered a 'home' student, an individual must be resident and 'settled' in the UK on the first day of the academic year for which they are paying fees. 'Settled' status typically implies being ''ordinarily resident'' in the UK without any immigration restrictions on the length of stay.
Financial Support
The financial requirements for international students in the UK can vary. Here are some key points to note:
- International students are typically not eligible for student loans from the UK government.
- Tuition fees for international students can vary depending on the level, course, and location. For the 2025-2026 academic year, undergraduate fees for 'home' students are capped at £9,535 in England, while 'overseas' fees are set by providers and can be significantly higher.
- Scholarships, grants, and bursaries are available to international students and are offered by universities, colleges, and external organisations. These are often merit-based, but some are also needs-based.
- Universities may offer their loan schemes for talented students from low-income backgrounds, including international students.
- Private loans and grants are another option for international students, but caution is advised when considering the terms and conditions.
- Students with a UK visa for 12 months prior to their Student visa application are exempt from proving financial requirements.
- Students applying as sabbatical officers or British nationals overseas are also exempt from proving financial requirements.
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Immigration status
The term 'ordinarily resident' is not clearly defined in statute or immigration rules, but it is relevant to immigration routes and accessing the NHS in England and Wales.
To be considered ordinarily resident, an individual's time in the UK must show a degree of continuity. This does not mean that their stay in the UK is indefinite. For instance, a student may only be in the UK for a few years but can still be considered ordinarily resident.
In some cases, individuals must have been granted indefinite leave to remain (ILR) to be considered ordinarily resident. This is not a requirement for everyone, and the requirements for EEA and Swiss citizens are different.
The Immigration Act 1971 and British Nationality Act 1981 state that a person is 'settled' in the UK if they are ordinarily resident and not subject to immigration time restrictions.
The leading case of R (on the application of Shah) v Barnet London Borough Council [1983] provides a substantial definition of the term. According to Lord Scarman, to determine whether someone is ordinarily resident, it must be asked whether they have:
> "shown that he has habitually and normally resided in the UK from choice and for a settled purpose throughout the prescribed period, apart from occasional or temporary absences."
The House of Lords found that ordinary residence implies a regular habitual mode of life in a particular place for a period, whether short or long, with continuity apart from temporary or occasional absences.
A person can be ordinarily resident in more than one country at the same time, and this status entitles them to full access to the NHS free of charge.
In the context of higher education, a student's fee status determines the level of fees they are charged and the financial support available. Assessments are made based on nationality, UK immigration status, and where the student has been ordinarily resident during the three years leading up to their course start date.
UK nationals resident in specified British Overseas Territories may be eligible for home fee status and tuition fee loans. The UK Council for International Student Affairs (UKCISA) provides information and advice to international students on fees and funding.
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Eligibility for home student status
To be eligible for home student status, an individual must meet the criteria of being 'ordinarily resident' in the UK. This means that their time in the UK must show a degree of continuity, although it does not need to be indefinite. For example, a student who has only committed to living in the UK for the duration of their course would still be considered ordinarily resident.
There is no minimum period of time required to be considered ordinarily resident. However, individuals seeking home student status must have been ordinarily resident in the UK for at least three years prior to the start of their course. This includes residence in the UK itself, as well as the Channel Islands and the Isle of Man, and the 'Islands' (presumably referring to other British Overseas Territories).
Certain groups are exempt from the requirement to pay for NHS treatment, regardless of whether they are ordinarily resident. This includes EU visitors with a valid healthcare document on a temporary stay, certain visitors from countries with reciprocal healthcare agreements, and visitors from Switzerland, Iceland, or Liechtenstein who arrived in the UK on or before 31st December 2020, as long as their temporary stay continues.
EEA and Swiss nationals who began their course on or before 31st December 2020 and are seeking home fee status are required to apply for pre-settled or settled status under the EU Settlement Scheme by 30th June. Those who have been granted settled status under the EUSS are generally eligible for home fee status if they meet the residency requirements.
It is important to note that the eligibility criteria for home student status may vary depending on the specific funding body and the type of course being applied for. For example, Student Finance England has specific eligibility criteria for undergraduate and postgraduate courses, while students applying for a Student Visa must meet different requirements.
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Length of stay
The length of stay is an important factor in determining whether an international student is ordinarily resident in the UK. While there is no minimum period of time required to be considered ordinarily resident, the purpose and continuity of an individual's stay are taken into account.
To be considered 'ordinarily resident', an individual's stay in the UK must demonstrate a degree of continuity. This means that even if a student has only committed to living in the UK for a few years, they can still be considered ordinarily resident. Temporary absences, such as for work, are permitted and do not interrupt the continuity of residence.
In terms of specific time requirements, there are certain criteria that international students must meet to qualify for 'home fee status' when studying in the UK. This status is not solely based on the length of residence but also takes into account the purpose of an individual's residence. Generally, to qualify for home fee status, international students must have been ordinarily resident in the UK, EU, EEA, or Switzerland for at least three years before the start of their course. This requirement may vary slightly depending on the region within the UK, such as in Scotland, where different regulations may apply.
It is important to note that simply residing in the UK for a certain period of time does not automatically grant an individual ordinarily resident status. The nature of an individual's connection to the UK and their reasons for residing in the country are also considered. For example, if the main purpose of an individual's residence in the UK is to receive full-time education, this could affect their status. Additionally, factors such as housing stability, employment status, and whether an individual has enrolled in an education or training course can influence the determination of ordinary residence.
In summary, while there is no definitive length of stay that guarantees ordinarily resident status for international students in the UK, a combination of factors, including the duration, purpose, and continuity of their stay, as well as their connection to the country, are considered in making this determination.
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Frequently asked questions
The term 'ordinarily resident' is not clearly defined in statute or immigration rules. According to Lord Scarman, it refers to someone who has "shown that he has habitually and normally resided in the UK from choice and for a settled purpose throughout the prescribed period, apart from occasional or temporary absences."
Being ordinarily resident in the UK entitles you to full access to the NHS free of charge. It is also a factor in determining fee status for students, which affects the level of fees charged and the financial support available.
There is no minimum period of time needed to be considered ordinarily resident in the UK. It depends on the nature of your connection to the UK. If you have lawful and reasonable grounds to be in the UK, it is likely that you are ordinarily resident.
