New UKBA Changes - Students

Go Back   Expat Forum For People Moving Overseas And Living Abroad > Europe > Britain Expat Forum for Expats Living in the UK

Britain Expat Forum for Expats Living in the UK The Britain Expats forum is a community of people that have moved to the UK from overseas. This is the place for Expats to meet and discuss anything about the British way of life.

New UKBA Changes - Students


Reply
 
Thread Tools
  #1 (permalink)  
Old 17th July 2012, 01:31 PM
New Member
 
Join Date: Jul 2012
Location: England
Posts: 20
Rep Power: 0
koor is on a distinguished road
7 likes given

Users Flag! Originally from canada. Users Flag! Expat in england.
Default New UKBA Changes - Students

Hi all,

As new UKBA changes have come into force since 9 July 12, I need some clarifications concerning an EU citizen sponsoring a Non-EU spouse in UK.

In sum, my wife is an EU citizen currently residing in UK as full time PhD student, receives full scholarship (1200/month maintenance excluding fees). Also, we have about 12,000 savings in a joint account. Before being a student, she was working there for couple of years, and meantime became a permanent resident. Along side her, I have been studying here but with my own overseas Tier 4 visa rather than as her dependent. I will soon be completing my studies soon in UK, and am planning to apply for a resident card (i.e. EE2). However, due to the recent changes, I assume my wife should prove 18,600 earnings per year. My question are:

Does this rule equally apply to full time students as well?

Does she still have to show 18,600 as a full time student? And if so, do you reckon I should apply under a different category i.e. family permit?

If I apply for family permit, am I eligible to work in UK?

I will highly appreciate your advice on this matter.

Reply With Quote
  #2 (permalink)  
Old 17th July 2012, 01:44 PM
Member
 
Join Date: Nov 2011
Location: Cardiff (finally)
Posts: 609
Rep Power: 0
mehemlynn is on a distinguished road
75 likes received
125 likes given

Users Flag! Originally from usa. Users Flag! Expat in wales.
Default

Quote:
Originally Posted by koor View Post
Hi all,

As new UKBA changes have come into force since 9 July 12, I need some clarifications concerning an EU citizen sponsoring a Non-EU spouse in UK.

In sum, my wife is an EU citizen currently residing in UK as full time PhD student, receives full scholarship (1200/month maintenance excluding fees). Also, we have about 12,000 savings in a joint account. Before being a student, she was working there for couple of years, and meantime became a permanent resident. Along side her, I have been studying here but with my own overseas Tier 4 visa rather than as her dependent. I will soon be completing my studies soon in UK, and am planning to apply for a resident card (i.e. EE2). However, due to the recent changes, I assume my wife should prove 18,600 earnings per year. My question are:

Does this rule equally apply to full time students as well?

Does she still have to show 18,600 as a full time student? And if so, do you reckon I should apply under a different category i.e. family permit?

If I apply for family permit, am I eligible to work in UK?

I will highly appreciate your advice on this matter.
So your wife is not a British Citizen, but is a citizen of another EEA country? If so you should be applying for a family permit,which does not have the same financial requirements as a spouse visa (British).

Someone who knows more about the EEA family permit will be able to reply to more details about it.

M

Reply With Quote
  #3 (permalink)  
Old 17th July 2012, 01:59 PM
Joppa's Avatar
Moderator
 
Join Date: Sep 2009
Location: Sunny Lancashire
Posts: 19,750
Rep Power: 9754
Joppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond repute
3028 likes received
188 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

Quote:
Originally Posted by koor View Post
Hi all,

As new UKBA changes have come into force since 9 July 12, I need some clarifications concerning an EU citizen sponsoring a Non-EU spouse in UK.

In sum, my wife is an EU citizen currently residing in UK as full time PhD student, receives full scholarship (£1200/month maintenance excluding fees). Also, we have about £12,000 savings in a joint account. Before being a student, she was working there for couple of years, and meantime became a permanent resident. Along side her, I have been studying here but with my own overseas Tier 4 visa rather than as her dependent. I will soon be completing my studies soon in UK, and am planning to apply for a resident card (i.e. EE2). However, due to the recent changes, I assume my wife should prove £18,600 earnings per year. My question are:

Does this rule equally apply to full time students as well?

Does she still have to show £18,600 as a full time student? And if so, do you reckon I should apply under a different category i.e. family permit?

If I apply for family permit, am I eligible to work in UK?

I will highly appreciate your advice on this matter.
You should apply for resident card on form EEA2 on the ground that your wife is exercising her treaty rights in UK by studying. Since she has been in UK longer than 3 months, she needs to show how she is exercising her rights (evidence of her studies), and that she isn't being an undue burden on the host country. The requirement is nowhere near £18,600 prescribed for a spouse visa, and just showing her scholarship should be sufficient. Also there is a requirement of having a comprehensive sickness insurance, but as she has permanent resident status and thus is settled in UK, it won't be required. With resident card, valid 5 years, you can certainly work.

Reply With Quote
  #4 (permalink)  
Old 17th July 2012, 02:58 PM
New Member
 
Join Date: Jul 2012
Location: England
Posts: 20
Rep Power: 0
koor is on a distinguished road
7 likes given

Users Flag! Originally from canada. Users Flag! Expat in england.
Default

Quote:
Originally Posted by Joppa View Post
You should apply for resident card on form EEA2 on the ground that your wife is exercising her treaty rights in UK by studying. Since she has been in UK longer than 3 months, she needs to show how she is exercising her rights (evidence of her studies), and that she isn't being an undue burden on the host country. The requirement is nowhere near 18,600 prescribed for a spouse visa, and just showing her scholarship should be sufficient. Also there is a requirement of having a comprehensive sickness insurance, but as she has permanent resident status and thus is settled in UK, it won't be required. With resident card, valid 5 years, you can certainly work.
Many thanks for your elaborate response. I am struggling to find a reference to students in the new UKBA changes, but to no avail. All they talk about is non-student residents/citizens. Can you please send me a link that addresses students in the new changes? According to your response, I understand that for EU students residing in UK the old rules continue to apply without any further changes. I am stressing on this point because of the fear that after about 6 months of painful waiting, my application might be turned down for not meeting the requirements i.e. 18,600...

Reply With Quote
  #5 (permalink)  
Old 17th July 2012, 03:14 PM
Joppa's Avatar
Moderator
 
Join Date: Sep 2009
Location: Sunny Lancashire
Posts: 19,750
Rep Power: 9754
Joppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond repute
3028 likes received
188 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

Quote:
Originally Posted by koor View Post
Many thanks for your elaborate response. I am struggling to find a reference to students in the new UKBA changes, but to no avail. All they talk about is non-student residents/citizens. Can you please send me a link that addresses students in the new changes? According to your response, I understand that for EU students residing in UK the old rules continue to apply without any further changes. I am stressing on this point because of the fear that after about 6 months of painful waiting, my application might be turned down for not meeting the requirements i.e. 18,600...
Rules for those coming to UK under EU law haven't changed. So look at UK Border Agency | Residence documents for non-EEA family members of EEA nationals.

Reply With Quote
  #6 (permalink)  
Old 17th July 2012, 04:30 PM
New Member
 
Join Date: Jul 2012
Location: England
Posts: 20
Rep Power: 0
koor is on a distinguished road
7 likes given

Users Flag! Originally from canada. Users Flag! Expat in england.
Default

Quote:
Originally Posted by Joppa View Post
Rules for those coming to UK under EU law haven't changed. So look at UK Border Agency | Residence documents for non-EEA family members of EEA nationals.
Thanks a lot indeed for the link!

Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
UKBA completes its rollout of biometric residence permits UKBA completes its rollout Editor Britain Expat Forum for Expats Living in the UK 1 30th July 2013 01:52 PM
HELP got a email from the UKBA wilky Britain Expat Forum for Expats Living in the UK 2 12th July 2012 08:33 PM
Ukba vmpl Britain Expat Forum for Expats Living in the UK 7 7th July 2012 04:33 PM
My confusing email from UKBA Rammy Britain Expat Forum for Expats Living in the UK 22 12th June 2012 07:30 AM
What does this mean ? E-mail from UKBA Beastie Britain Expat Forum for Expats Living in the UK 4 29th January 2012 08:57 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.
FORUM PARTNERS

ExpatForum.com is owned and operated by VerticalScope Inc.

Retiring Overseas Guides | Moving Overseas Guides | Cost of Living | Health Care Guides


All times are GMT. The time now is 05:05 AM.


Powered by vBulletin®
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO