Understanding Student Rights: Permanent Residence Queries

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, for instance, 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 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 certain advantages in terms of visa-free study, work flexibility, and access to financial aid. In contrast, 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. Similarly, in the European Union, students from an EU country have the right to live in another EU country for the duration of their studies, provided they meet certain requirements, and can acquire the right of permanent residence after residing there continuously for five years. Understanding the specific definitions and criteria for permanent residency and international student status is crucial for university students to navigate their legal status, tuition fees, and access to various benefits and opportunities.

International students and permanent residency

International students are defined as "non-immigrant" visitors who enter a country temporarily to take classes. They do not have citizenship or legal permanent resident status. In the US, international students are required to have a visa, such as the F-1 student visa, which allows foreign nationals to study as full-time students.

International students can apply for permanent residency in the US (a "Green Card") through several means, including:

• Sponsorship by a US citizen or permanent resident relative
• An offer of permanent employment
• An application for asylum
• Refugee status
• Investment and employment creation
• The diversity lottery program
• An executive order from the President

However, the process of obtaining US permanent residency is complex and requires an in-depth review and analysis of each individual case. For example, to obtain residency through employment, the individual's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field are all taken into consideration.

Furthermore, the requirements for permanent residency can vary depending on the individual's country of citizenship. Citizens of countries with traditionally low rates of immigration to the US are generally immediately eligible to apply for permanent residency upon receiving approval for an immigrant visa. In contrast, citizens of countries with high immigration rates to the US may face backlogs and longer waiting periods.

Permanent residency criteria

United States

In the United States, permanent residency, also known as "lawful permanent residency," is an immigration status that grants an individual authorization to live and work in the country indefinitely. Permanent residents hold a "green card," which serves as proof of their status. Obtaining a green card offers several advantages, including the flexibility to study at any US institution without visa restrictions and the eligibility for federal financial aid. To maintain their status, permanent residents must meet certain criteria, such as avoiding prolonged absences from the US and complying with tax obligations.

Australia

In Australia, the definition of a domestic student includes Australian citizens, Australian permanent residents (holders of all categories of permanent residency visas, including humanitarian visas), and New Zealand citizens. To be considered a permanent resident in Australia, one must obtain the relevant visa category.

European Union

In the European Union, students have the right to live in the country where they are enrolled in an approved educational institution for the duration of their studies. To maintain their residence status, students must meet specific conditions, including having sufficient income, comprehensive health insurance, and enrolling in an approved educational establishment. After living legally in an EU country for a continuous period of 5 years, individuals automatically acquire the right of permanent residence, allowing them to stay indefinitely.

United Kingdom

In the United Kingdom, the term "permanent residence" is no longer used. Instead, individuals can apply for "indefinite leave to remain," which grants them the right to live in the UK with no time limit and without immigration restrictions. The eligibility criteria for indefinite leave to remain vary depending on the applicant's circumstances, such as their visa status and the length of time they have lived in the country.

It is important to note that the criteria and requirements for permanent residency can vary between countries and may be subject to changes in immigration policies. For specific information about a particular country's permanent residency criteria, it is advisable to consult official government sources or seek guidance from an immigration specialist.

Benefits of permanent residency

Permanent residency, or a "green card", is an immigration status that gives immigrants the right to live and work in their chosen country indefinitely. In the United States, a green card is a plastic card with the holder's biographic information, photo, fingerprint, and expiration date issued by U.S. Citizenship and Immigration Services.

Live and Work Permanently

Permanent residency allows an individual to live and work anywhere in their chosen country. In the US, green card holders are protected by all federal, state, and local laws. They are also bound by these laws and must obey them.

Access to Education and Healthcare

Permanent residents have access to the higher education system in their country of residence. In the US, green card holders may be eligible for in-state or resident tuition rates at certain colleges and universities, and can also apply for government-sponsored financial aid for education. They also have access to world-class medical care.

Travel Abroad

Permanent residents can travel outside of their country of residence. In the US, permanent residents can travel and re-enter with a valid green card, as long as they return within 12 months. However, they must be mindful of the continuity of their permanent residency status and are expected to limit their trips to less than six months.

Citizenship

After a certain number of years, permanent residents can apply for citizenship of their chosen country. In the US, green card holders can apply for citizenship after three years if they are married to a US citizen, or after five years if they are not.

Family Sponsorship

Permanent residents can sponsor other family members for a green card. In the US, eligible family members include spouses and unmarried children.

Job Opportunities

Green card holders can apply for a wider variety of jobs. In the US, permanent residents can apply for jobs that involve security clearances and/or work for the government.

Political Engagement

In some countries, permanent residents can engage in the political process by making financial contributions or volunteering for a candidate of their choice in elections.

Permanent residency and tuition fees

The tuition fees for university students vary depending on their residency status. Those with permanent residency status are usually considered domestic students and are charged lower tuition fees compared to international students.

In the United States, permanent residency, often referred to as having a "green card," allows individuals to live and work in the country permanently without being citizens. Universities typically require proof of permanent residency, such as a Permanent Resident Card, to confirm an individual's status. Without this proof, students may be classified as international students and charged the corresponding higher tuition rates.

Similarly, in Canada, tuition fees differ for Canadian citizens or permanent residents and international students. Students who become Canadian citizens or obtain permanent residency may be eligible for a fee reassessment and the removal of the international differential fee. To qualify for this reassessment, students must provide the necessary documents, such as a Confirmation of Permanent Residence form or a Permanent Resident card, within the specified deadlines.

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.

Losing permanent resident status

The term "international student" is defined by the United States government as an individual who is not a citizen or national of the US, does not have lawful permanent residence in the US, and does not provide evidence of an intention to become a citizen.

Now, onto the topic of losing permanent resident status.

It is possible to lose permanent resident status in a country, despite the term "permanent." This can happen through revocation or voluntary renunciation. Here are some ways in which an individual can lose their permanent resident status:

Physical Presence

Permanent residents of Canada, for example, must spend at least 730 days (two years) out of every five years in the country to maintain their status and have their Canadian PR card renewed. Failure to meet this requirement can result in the revocation of their PR card.

Citizenship

If an individual obtains citizenship in the country where they have permanent resident status, their permanent residency will automatically be revoked. This is generally considered a positive outcome, as citizenship often confers more privileges and protections than permanent residency.

Renunciation

In some cases, individuals may choose to renounce or give up their permanent residency status. This could be due to a desire to live elsewhere, the requirement to renounce residency to obtain residency in another country, or to accept a position with a foreign government.

Inadmissibility

Inadmissibility due to security concerns or criminality can also lead to the loss of permanent resident status. For example, a serious criminal conviction for drinking and driving, assault, possession of drugs, or theft could result in the revocation of permanent resident status.

Refugee Claims

If an individual obtains permanent residency through the refugee claim process and it is later discovered that they provided false information, their refugee claim and permanent residency status may be cancelled.

Failure to Meet Residency Obligations

In addition to physical presence requirements, permanent residents may need to meet other residency obligations, such as maintaining valid documentation and complying with any conditions attached to their residency status. Failure to meet these obligations can result in the loss of permanent resident status.

It is important to note that the specific requirements and consequences for losing permanent resident status may vary depending on the country and individual circumstances. Seeking professional immigration advice is always recommended when dealing with such matters.

Frequently asked questions