Surinder Singh and Studying

Hi All,

I have a rather complicated visa situation and was wondering if anyone could possibly add some clarity.

I am currently working in Sweden and my spouse is non-EU, where we married in 2016 in the United Kingdom.

My husband has been awarded a place to study for a Masters in the United Kingdom and we plan to move back when he is due to begin his course.

We are eligible, I believe, to make a Surinder Singh application and my husband has a 5-year Swedish-issued Article 10 residency permit.

However, I can't find anything about whether he is allowed to study in the UK if we enter using his A10 card while waiting for his UKRC decision. I also can't find anything about what would happen if they found some reason to refuse his UKRC application even if he is permitted to study in the UK. If the UKRC is refused is he allowed to apply in-country for a UK Tier 4 study visa?

This is all such a nightmare and I'm going insane with worry Any ideas about what we should do would be greatly appreciated.

It is not complicated. Just bring him in on a Family Permit , if he is eligible. You said he was already admitted, so there shouldn't be any difficulties from their side.
Why can't he apply for a tier 4 visa? since he was admitted?
How long have you been working in Sweden?

Thanks for the reply,

I've been working in Sweden for close to one year. We've both studied Swedish using the government's Swedish for Immigrants program, registered for healthcare, paid taxes, have evidence of integration, etc so hopefully the SS route stands some chance.

But just to be clear, are you saying that studying is permitted on a family permit? But what happens if the Surinder Singh is rejected?

We can, of course, get the Tier 4 Visa as a back-up (assuming you can have a T4 visa and still apply for a UKRC at the same time?). The main reasons not to is 1) it's expensive especially if it is potentially unnecessary and 2) we live in Malmö and that would mean a long + also expensive trip to Stockholm - assuming we can't apply for it from Copenhagen.

I see no reason why it shouldn't be permitted. Theoretically. Your spouse should check with the university what kind of documentation is required.