I really hope someone can help me with this.
I'm an Australian citizen who holds a Type K residence card/opholdskort.
My residence permit is valid for 5 years, and at the end of this 5 years i have the opportunity to renew it, or i get permanent residency.
I recently applied for study programs at KEA university under the impression that tuition would be free because i apparently have equal standing with Danes with this permit. I even spoke to various people from SU, statsforvaltningen, Citizens service centre who all believe that i am entitled to free study and SU. Yet my application for studies came back telling me that if i was accepted into the course then i would have to pay tuition. I made a formal complaint/response arguing my case and providing the information i thought was relevant and i got another response from KEA's lawyers telling me that i did not have the right to free tuition. I have been given a week(November 14) deadline to make another complaint about the decision. I will attach the letter below for people to read.
From what i understand, free tuition is available to people who hold a "Temporary residence permit that can be upgraded to a permanent one ". So i am completely confused as to why i am unable to get free tuition. Does anyone know anything about this or have any official information about this or a similar experience?
This is the letter i recieved from KEA lawyer where they basically say that my residence is not a "time-limited residence permit with an option for permanent residency" but then later say that i will probably get permanent residency if i stay for 5 years. They contradict themselves completely. Anyway, please read and tell me what you think or if someone can help.
STATEMENT RE COMPLAINT ABOUT TUI- TION FEE
(My name) – is an Australian national, who has sent an application to 3 different educations at KEA. When processing the applications, KEA has made a decision, and informed (My name), that he will be required to pay tuition fee, if he is accepted at KEAs educations. He has complained over KEAs decision. Below is KEAs statement in the case.
KEA hereby submits the case to Styrelsen for Videregående Uddannelsers for Styrelsens decision in the matter.
MAIN POINTS OF THE CASE
He has applied to KEAs educations, and maintains that he is exempt from paying tuition fee based on his residence permit.
The residence permit is documented with a type K opholdskort and an accompanying residence letter. The residence letter states, that “You are entitled to residence for a limited period in accordance within the Rules of the EU (Order no. 474 of 12 May 2011, (EU- opholdsbekendtgørelsen))....” and “The residence document is issued for five years.... Your residence document is valid until 6 September 2021”.
The residence permit is issued on the basis of him being a family member of an EU-citizen.
KEA receives state funding (taksameterbetaling) for foreign students in accordance with lov nr. 1147 of 23 October 2014 om erhvervsakademiuddannelser og professionsbacheloruddannelser (LEP-loven), chapter 8.
The law states, that KEA can receive state funding for foreign students who has a time-unlimited residence permit, or has a time limited residence permit with an option for permanent residency, according to LEP-loven, § 35, section 1, no. 1.
KEA charges tuition fee for foreign students not covered by this clause (or any of the other instances mentioned in LEP-loven § 35, section 1 or 2), according to LEP-loven, § 35, section 3.
7. november 2016
It is KEAs understanding, that a type K opholdskort does not equal a time-unlimited residence permit or a time limited residence permit with an option for permanent residency. A type K opholdskort is a temporary residence permit for the first 5 years of residence in Denmark.
KEA is aware however, that a foreign national from outside EU, who has obtained a residence permit as a family member to an EU-citizen, will be awarded the right to permanent residency after 5 years uninterrupted legal residence in Denmark together with the family member according to EU-opholdsbekendtgørelsen, § 19, section 4.
KEA find that (my name) does not – at this time – hold a permanent residence permit or a time-limited residence permit with a possibility for permanent residency. Although (my name) most likely – if he stays in Denmark for 5 years in connection with the family member – will obtain a permanent residence permit, KEA cannot take this possible outcome into account at this time.
The current residence permit is time-limited, which means, that KEA does not have a right to state funding (taksameter betaling) for (my name) studies. Ergo (my name) should pay tuition fee until a permanent residence permit or a time-limited residence permit with a possibility for permanent residency is acquired.
Peter Jakobsen Jurist
Direkte / 46 46 03 66 Mail / firstname.lastname@example.org