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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6376
Experience:  BA (Hons), PgDip, Practising Solicitor
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Our adopted sons, 10 and 11 years old, were born in Southampton

Resolved Question:

Our adopted sons, 10 and 11 years old, were born in Southampton and were brought by their birth motherr, who is an Americam citizen, to the US at a very young age. As I undertsand it, they have dual citizenship in both the UK and the US. Adopting them involved communication with, paying fees to, and signing documents in both the UK and the US. Their birth and adoption certificates reflect this. We wish to explore their going to college in the UK. How do we go about this? Thank you. - Stanley J. Alexander
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Do the children hold UK passports
2. Are you asking about the possibility of the children going to university in the UK?
Kind regards.

Tom
Customer: replied 2 years ago.

Tom,


 


1. The children do not have UK passports. Could you refer me to what agency I must contact to get them?


2. Yes, I am asking about the possibility of the children going to university in the UK as UK citizens, i.e., paying UK tuition and fees, if applicable.


 


Thanks,


 


Stan

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply Stan.

Students in the UK either pay “home” or “overseas” (ie. higher) fees. In order to qualify for Home Fees they will have to meet the criteria in Category 1 of the following link:-
http://www.ukcisa.org.uk/student/info_sheets/tuition_fees_e_he.php#cat1

If they have UK passports then they will meet criteria (a)

In order to meet criteria (b) they must show that they have habitually, normally or lawfully resided in the UK. Unhelpfully the Box3 guidance on case law for what is considered to meet this criteria contains a link which is not working. I would think that they should be able to prove that they have lived in the UK for a period of at least one year, possibly more before the start of their course. You should check back on this link to confirm later.

However you will see that at (c) there is a requirement that they must have been in the UK for at least three years prior to the first day of the academic year and, further, that the main purpose of moving back should not have been (d) to receive full time education for this time (so they must have move back with your/spouse in order to move your whole family life here)

If they wish to get reduced “home” fees rather than the much more expensive “overseas fees” then you as a family would have to move back a bit before three years before they start their course.

If you can afford to pay the overseas fees and do not mind then they can simply come here on their passports immediately before the course starts without restriction.

Assuming they are eligible for a UK passport you will have to apply via the regional processing centre:-
http://ukinusa.fco.gov.uk/en/help-for-british-nationals/passports

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.

Tom,


 


Thanks for your answer so far but please forgive me as I am naive about all of this.


 


1. Must the children be UK citizens to get UK passports?


 


2. Are "overseas" fees for university in the UK the same amount for individuals with UK passports and for citizens of other countries?


 


Is that clear as mud?


 


Thanks, again.


 


Stan

Expert:  Thomas replied 2 years ago.
Hi Stan,

1) Yes, they must be UK citizens to get UK passports. You will note that I have said above "Assuming they are eligible". I cannot comment on whether or not they are but I note you stated that they are so I simply referred you to the link to apply for passports.

2) Overseas fees are much more expensive than home fees. That's why it is desirable to pay overseas fees if possible.

Please remember to rate my answer.

Kind regards,


Tom
Customer: replied 2 years ago.

Tom,


 


Is your answer to item #2 just a typo, i.e., did you mean to say "...pay home fees if possible"?


 


Stan

Expert:  Thomas replied 2 years ago.
Yes, sorry!

Desirable to pay home fees was what I intended to write!

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6376
Experience: BA (Hons), PgDip, Practising Solicitor
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