Lori Meadows
Whether or not a university student is considered a permanent resident depends on their citizenship or residency status, the country in which they are studying, and the policies of their specific university. In the United States, for example, permanent residency, often referred to as a green card, allows individuals to live and work in the country indefinitely. Green card holders are generally considered domestic students and are charged lower tuition fees compared to international students. However, some green card holders may still pursue higher education as international students to enjoy certain advantages such as visa-free study and access to financial aid. On the other hand, in the European Union, students from an EU country can acquire the right of permanent residence after residing in another EU country continuously for five years.
| Characteristics | Values |
|---|---|
| Definition of "international student" | An individual who is not a citizen or national of the country in which they are studying, does not have lawful permanent residence in that country, and does not intend to become a citizen. |
| Permanent residency in the US | Often referred to as a "green card," which allows individuals to live and work in the US indefinitely. |
| Permanent residency in the EU | Students from an EU country can live in another EU country for the duration of their studies and acquire permanent residence after residing there continuously for five years. |
| Permanent residency in Australia | A student is considered a domestic student if they are an Australian citizen, permanent resident, or New Zealand citizen. International students include those with temporary resident status in Australia or permanent resident status in New Zealand. |
| University fees and residency status | Those with permanent residency status are usually considered domestic students and are charged lower tuition fees compared to international students. |
| Green card holders and citizenship | In the US, green card holders can apply for citizenship after three years if married to a US citizen, or after five years if not. |
| Sponsoring family members | Permanent residents can sponsor other family members for a green card, including spouses and unmarried children. |
| Green card employment benefits | Green card holders can apply for a wider range of jobs, including those with security clearances and government positions. |
| Losing permanent resident status | It is possible to lose permanent resident status through revocation or voluntary renunciation. |
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What You'll Learn
International students and permanent residency
International students on an F-1 visa may be able to adjust their status and become lawful permanent residents of the United States. This can be done in several ways, including:
- Self-petitioning as a person of extraordinary ability in the arts, sciences, education, business, or athletics.
- Marrying a U.S. citizen or lawful permanent resident.
- Entering into military service.
- Winning the diversity visa lottery.
- Receiving sponsorship through a parent or child.
It is important to note that an international student cannot enter the U.S. on an F-1 visa if their ultimate intention is to gain lawful permanent residency. Doing so would be considered immigration fraud and could result in removal from the country and a bar to re-entry. If an international student's plans change after arriving in the U.S. on an F-1 visa, they may be able to change their immigration status and receive a green card.
To be considered for lawful permanent residency, international students must submit a copy of their green card, or U.S. Permanent Resident Card, to their university's International Affairs (IA) office. This card includes the individual's biographic information, photo, fingerprint, and expiration date. Until a copy of the green card is submitted, the student will be considered an international student and charged international student tuition rates.
It is also important to consult with a qualified immigration attorney for specific guidance on obtaining permanent residency, as IA staff members are typically not authorized to offer legal advice on this matter.
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Permanent residency requirements
The classification of university students as permanent residents varies depending on the country and the student's citizenship or residency status. In the United States, permanent residency, often referred to as a green card, allows individuals to live and work in the country indefinitely. A green card is a plastic card with the individual's biographic information, photo, fingerprint, and expiration date issued by U.S. Citizenship and Immigration Services. Green card holders are generally considered domestic students and are not classified as international students, who are typically defined as non-immigrant visitors with temporary residence status. However, some green card holders may still choose to pursue higher education as international students, enjoying advantages such as visa-free study and access to financial aid.
There are several ways a foreign national can become a Legal Permanent Resident of the United States, including through employment, family, ability, and the visa lottery. For example, in the case of employment, once a department identifies an international employee it wishes to sponsor, the department should seek consultation to determine sponsorship feasibility.
In the European Union, students from an EU country have the right to live in another EU country for the duration of their studies and can acquire the right of permanent residence after residing there continuously for five years. In Australia, a student is considered a domestic student if they are an Australian citizen, permanent resident, or New Zealand citizen, while international students include those with temporary resident status in Australia or permanent resident status in New Zealand.
It is important to note that the specific requirements and procedures for fee adjustments related to residency status may vary across universities and countries. Students should refer to their university's guidelines and consult the relevant offices to understand how their residency status affects their tuition fees and to initiate any necessary changes.
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Tuition fees and residency status
Tuition fees vary depending on a student's residency status. In the US, for instance, international students are charged higher fees than domestic students. At Gallaudet University, a student is considered an international student until they submit a copy of their green card to the International Affairs department.
In the UK, tuition fees are dependent on a student's fee status, which is based on nationality and residency. Students who are citizens of the UK, Ireland, or the EU, or who have settled status in the UK, Isle of Man, or Channel Islands, are eligible for Home (UK) fees. Students who are not citizens or residents of the UK or EU are usually charged international fees. However, there are exceptions for students who have refugee status, humanitarian protection, or leave under a Ukraine scheme.
In the US, students are assumed to be out-of-state when they are admitted to a university, and they must prove otherwise by completing a Residency Declaration. This is also the case at Florida State University, where students are required to declare residency each time they apply for a new academic program. Students who are awarded the Latin American or Caribbean Scholarship qualify for in-state tuition at FSU.
In Scotland, each university makes its own fee status assessments within its legislative frameworks. For instance, at the University of Edinburgh, a student's fee status is assessed based on the information provided in their application, and they may be asked to provide additional information. Once a student starts studying, their fee status cannot be changed, even if their circumstances change.
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Losing permanent resident status
The term "permanent resident" gives the impression that the status is indefinite. However, it is possible to lose permanent resident status in a country, whether by choice or due to inadmissibility. Here are some ways an individual can lose their permanent residency:
Renunciation
In some cases, individuals may choose to renounce their permanent residency status. This could be due to a desire to live elsewhere, the need to obtain residency in a country that requires renouncing current status, applying for an eTA, or accepting a diplomatic position with a foreign government. Renunciation requires applying to the immigration authorities and, if approved, results in the loss of permanent resident status.
Failure to Meet Residency Requirements
Permanent residents of a country are typically required to spend a minimum number of days in the country within a specified period to maintain their status. For example, in Canada, permanent residents must reside in the country for at least 730 days (two years) out of every five years to renew their PR card. Failure to meet these residency obligations can lead to the revocation of permanent resident status.
Criminal Convictions or Security Concerns
Permanent resident status can be revoked if an individual is convicted of a serious crime or poses a security threat to the country. In such cases, the person may be deemed inadmissible, resulting in the loss of their permanent resident status and possible deportation.
Obtaining Citizenship
Becoming a citizen of the country automatically revokes permanent residency status. This is generally considered a positive step, as citizens have more privileges and protections than permanent residents.
It is important to note that the specific requirements and processes for maintaining and losing permanent resident status may vary depending on the country. Seeking professional immigration advice or consulting with a qualified immigration attorney is recommended for those seeking clarification or facing challenges with their permanent resident status.
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Benefits of permanent residency
Permanent residency, also known as a Green Card, is an immigration status that gives immigrants the right to live and work in a country, usually the United States, indefinitely.
Travel Freedom
Permanent residents can travel abroad and re-enter the country with a valid Green Card, as long as they return within 6 months. For longer trips, a re-entry permit is recommended or required. There are no limitations on where they can travel or live within the country, and no need to check in with government agencies.
Education Benefits
Permanent residents may be eligible for government-sponsored financial aid for education and are entitled to in-state or resident tuition rates at certain colleges and universities. They also have access to one of the world's best higher-education systems.
Social Benefits
Permanent residents are entitled to many of the same benefits as citizens, such as social security or education assistance. After residing in the country long enough, they may receive social security benefits.
Pathway to Citizenship
Permanent residency is a step towards becoming a naturalized citizen. After a certain period, permanent residents can apply for full citizenship with all the rights, benefits, and responsibilities that come with it.
Legal Protection
Permanent residents are protected and bound by all federal, state, and local laws, and enjoy the same freedoms as citizens.
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Frequently asked questions
A permanent resident is someone who has been authorized by a country to live and work there indefinitely. In the US, this authorization comes in the form of a "green card", officially known as a Permanent Resident Card.
The classification of university students as domestic or international has implications for their tuition fees and access to benefits and opportunities. In the US, green card holders are considered domestic students, whereas international students are those with temporary residence status.
Yes, international students can apply for permanent residency in the US. There are several ways to obtain a green card, including through employment, family, ability, and the visa lottery.
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