Hi Guys
Thanks for your input so far.
Let me explain why I think there is a case for discrimination here - and feel free to shoot me down if you disagree.
As at this moment in time, I qualify for student finance. I meet all the conditions as laid out above. However, my wife, they are saying, does not qualify for student finance as she falls foul of the residency rules.
I thought there was an overriding principle laid out somewhere that a non-EU family member of an EU citizen must not be treated differently to their EU citizen upon entering the EU state? Therefore, if I qualify for student finance, my wife should also qualify.
Let me know your thoughts on this.
I would also like your thoughts on my second point here: If you look at the law/rules under govern whether students qualify for 'home' student fee rates or 'international' fees - under these rules, to be a deemed a home student, the same conditions as the above apply (i.e. must be a family member of a EU citizen and have had 3 years residency in the EEA). If you meet this criteria, you are deemed a home student. However, the was a recent amendment to these particular rules which created an exemption - namely that the 3 year residency rule would not apply in this case to non-EU family members when their EU citizen family member has previously exercised a right to free movement elsewhere in the EU.
If such an exemption has been put in place in the case of assessing students for 'home' rates - why has no similar exemption been implemented for those wanting to receive student finance?
In fact, the reason for the implementation of the aforementioned exemption was because SLC admitted there a case of possible discrimination. When explaining the reason for the exemption, SLC stated that:
"This change removes any possibility of indirect discrimination against non-EU family members of EU nationals."
Source:
http://www.practitioners.slc.co.uk/medi ... _final.pdf
Therefore an argument can be made that should an exemption should also have been created for student finance rules? In the absence of such an exemption, a strong case for discrimination could potentially be made? What do you think?
Thanks all.