Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 9 of 9 Posts

·
Registered
Joined
·
315 Posts
Discussion Starter · #1 ·
Hi All,

My wife was very recently granted her FLR(M) visa, but she is looking to start a PhD at some point in the next year. I'm pretty sure she can study on this visa (according to this page) and we'd like to stay on this visa in order to be eligible for settlement in 5 years time.

My questions are:

1. Am I correct in thinking this?
2. Would she still have to pay International fees?
 

·
Registered
Joined
·
5,538 Posts
  • Like
Reactions: hippoman

·
Registered
Joined
·
315 Posts
Discussion Starter · #3 ·
1.Yes, she can study on a spouse visa.

2. Yes, unless she's been living in the UK 3 years (not on a student visa for any of that time) and thus is considered 'ordinarily resident'. This is true for England, so if you're in Scotland, Wales or NI the rules may be different.

https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/England-fee-status#layer-6082
Thank you.

I'm a little confused by "settled", is that 3 years from being granted a FLR(M) or does she have to wait for ILR?
 

·
Registered
Joined
·
5,538 Posts
"Settled" means having ILR or permanent residence. But section 3 of that link on ukcisa.org is what is relevant to your situation (family member of an EU national)
 

·
Registered
Joined
·
39,103 Posts
I don't think those married to or in civil partnership with British citizen are eligible for home student fee without first getting ILR after 5 years. Only family member of non-UK EU national is eligible after 3 years.
 

·
Registered
Joined
·
315 Posts
Discussion Starter · #7 ·
I don't think those married to or in civil partnership with British citizen are eligible for home student fee without first getting ILR after 5 years. Only family member of non-UK EU national is eligible after 3 years.
Well that's somewhat backwards.
 

·
Registered
Joined
·
39,103 Posts
This has almost always been the case. EU rules or privileges exclude those who are family members of UK national within UK (or French national within France, German nationals within Germany etc), because member national cannot exercise EU treaty right in the country of nationality. Italian can work in Italy because of nationality and not membership of EU. Only exceptional circumstances like Surinder Singh make EU rules applicable in UK.

How fees regulations will change after Brexit is anyone's guess.
 

·
Registered
Joined
·
315 Posts
Discussion Starter · #9 ·
Yes, I did wonder about that. How annoying. To be honest, 3 or 5 years is longer than my wife would like to wait so either way she'll need to find international fee funding.
 
1 - 9 of 9 Posts
Status
Not open for further replies.
Top