- 在線時間
- 115 小時
- 最後登錄
- 24-4-27
- 國民生產力
- 2245
- 附加生產力
- 39449
- 貢獻生產力
- 0
- 註冊時間
- 17-11-24
- 閱讀權限
- 10
- 帖子
- 24581
- 主題
- 0
- 精華
- 0
- 積分
- 66275
- UID
- 2734087
|
daphnewong 發表於 24-2-19 16:20 
回覆 sleung2020 的帖子
剛上網睇RULE，但搵吾到你講既黎讀書就吾會批永居，你可吾可以幫忙quote出來? 謝 ...
Ordinary residence
https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/England-HE-fee-status#ordinary-residence
You are ordinarily resident in the relevant residence area (which depends on the category and its qualifying conditions) if you have habitually, normally and lawfully resided in that area from choice. Temporary absences from the residence area should be ignored and therefore would not stop you being ordinarily resident. It has also previously been successfully argued in the UK courts that an individual can be ordinarily resident in more than one place at the same time; individuals wishing to demonstrate this would have to be living a lawful, normal and habitual residence in each of the areas in question.
If you can demonstrate that you have not been ordinarily resident in the relevant residence area only because you, or a family member, were temporarily working outside the relevant residence area, you will be treated as though you have been ordinarily resident there.
Where a category includes a condition that the main purpose of your residence must not have been to receive full-time education, a useful question to ask is: "if you had not been in full-time education, where would you have been ordinarily resident?". If the answer to this question is "outside the relevant residence area" this would indicate that the main purpose for your residence was full-time education. If the answer is that you would have been resident in the relevant residence area even if you had not been in full-time education, this would indicate that full-time education was not the main purpose for your residence in the relevant area.
See Ordinary residence case law for how the UK courts have debated issues of ordinary residence.
Ordinary residence case law
https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/Ordinary-residence-case-law
The fees and Student Support regulations often refer to 'ordinary residence'. The area may be the UK and Islands, the European Economic Area or elsewhere. In most cases, it is clear whether you have been resident in the relevant area. But, in a minority of cases, you might have to persuade someone. This is most likely to happen when you have lived outside the area that applies to you.
Fee assessors and Student Support staff have to apply court judgments to your case. This is because the regulations for most of the UK do not provide guidance. The Scottish regulations do provide instruction.
Courts decide each case on its own facts. It might be difficult to derive a general principle from every case. For this reason, institutions can reach different conclusions in your case. This can happen even if you present them with the same facts. UKCISA cannot get involved with any disputes you might have with decision-makers. But you might find the summaries of case law helpful in formulating your arguments.
'Ordinary residence' is a concept that appears in other areas of law. Many of the cases described here are not fees or Student Support cases. They are, for example, immigration and nationality cases. But the courts' interpretations of the term are relevant. In some of the cases, the period in question was five years. The period in the fees and Student Support regulations is three years.
You will find most of these cases here - British and Irish Legal Information Institute
http://www.bailii.org/form/search_cases.html
 |
|
發表於 24-2-1 11:19
