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Full time student

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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MrWolf
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Posts: 23
Joined: Fri Apr 02, 2010 4:03 am

Full time student

Post by MrWolf » Mon Mar 04, 2013 10:17 am

Hi,

My wife is American and I am Irish living in Norther Ireland.

I was planning on exercising my treaty rights by being a full time student.

Can anyone tell me how many hours of study I need to do in order to be considered to be in full time education?

I am claiming carers allowance but if I do more than 21 hours study or start a course that specifically states that it is full time then I lose the carers allowance.

I was hoping to make up the hours to exercise my treaty rights from doing part time courses that total less than 21 hours so I don't have to stop being a carer.

Can anyone advise me please?

Thanks.
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sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Full time student

Post by sheraz7 » Mon Mar 04, 2013 12:24 pm

MrWolf wrote:Hi,


Can anyone tell me how many hours of study I need to do in order to be considered to be in full time education?
Thanks.
You can check the following page to know the definition of student made by the European Economic Area Regulations 2006:

http://www.legislation.gov.uk/uksi/2006 ... ion/4/made
Please donot send PM. Write in open forum to facilitate others too.
REGARDS
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ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Mon Mar 04, 2013 12:38 pm

16 to 22 hours per week,consider a full time student.
Best regards
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MrWolf
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Posts: 23
Joined: Fri Apr 02, 2010 4:03 am

Post by MrWolf » Mon Mar 04, 2013 12:44 pm

Thanks.

Does anyone know if a part time (10 credits) open university course would count towards this?
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tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm

Post by tweety0211 » Mon Mar 04, 2013 1:15 pm

MrWolf wrote:Thanks.

Does anyone know if a part time (10 credits) open university course would count towards this?
You will only be considered as full time student if you attend lessons of minimum 16 hours per week.
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el patron
Member of Standing
Posts: 335
Joined: Fri Aug 10, 2012 2:06 pm
Location: Northern Ireland

Post by el patron » Mon Mar 04, 2013 3:12 pm

tweety0211 wrote:
MrWolf wrote:Thanks.

Does anyone know if a part time (10 credits) open university course would count towards this?
You will only be considered as full time student if you attend lessons of minimum 16 hours per week.
Legislation does not mention attend, only that you must be enrolled.
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ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Mon Mar 04, 2013 5:01 pm

Open university provides online study,so in open university students can enrolled from all over the world,and can study from overseas.this is electronic/e education.If you wants to try your luck then go ahead with open university enrolment letter and share your experience with us through this forum.best of luck
Best regards
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tweety0211
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Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm

Post by tweety0211 » Mon Mar 04, 2013 9:03 pm

el patron wrote: Legislation does not mention attend, only that you must be enrolled.
I was student myself and the requirement was to attend lessons. UKBA asks for a letter from college/uni confirming your hours and progress.
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el patron
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Posts: 335
Joined: Fri Aug 10, 2012 2:06 pm
Location: Northern Ireland

Post by el patron » Tue Mar 05, 2013 10:36 am

tweety0211 wrote:
el patron wrote: Legislation does not mention attend, only that you must be enrolled.
I was student myself and the requirement was to attend lessons. UKBA asks for a letter from college/uni confirming your hours and progress.
It would be a nice one to run as an appeal argument for sure! It is a matter of asserting rights not seeking permission.
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Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Mar 05, 2013 10:58 am

For the purpose of the EEA regulation 2006 as amended, student means the follwoing:
(d)―student‖ means a person who
—
(i)
is enrolled, for th
e principal purpose of following a course of study (including vocational
training), at a public or private establishment which is
—
(aa) financed from public funds; or
(bb) otherwise recognised by the Secretary of State as an establishment which has been
accredited for the purpose of providing such courses or training within the law or
administrative practice of the part of the United Kingdom in which the establishment is
located
(ii)has comprehensive sickness insurance cover in the United Kingdom; and
(iii)assures the Secretary of State, by means of a declaration, or by such equivalent means as
the person may choose, that he has sufficient resources not to become a burden on the social
assistance system of the United Kingdom during his period of residence.
I don't think there is a requirement to attend course, or a specified weekly attendance is a required.
Smooth seas do not make skilful sailors
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sheraz7
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Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Tue Mar 05, 2013 11:19 am

Yes thats true that EEA 2006 regulation has not mentioned anywhere the requirement of classroom attendance rather only speak about enrollment.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS
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MrWolf
Newly Registered
Posts: 23
Joined: Fri Apr 02, 2010 4:03 am

Post by MrWolf » Wed Mar 06, 2013 9:16 pm

I am also doing 7.5 hours of a-levels for which I attend a local college, and a training course through the dhss which is 25 hours per week.

I assumed that the training course wouldn't count as its through the dhss. It's a level 2 vrq. It is one of those courses that they force job seekers to do, but I am doing it voluntarily.

I am in the process of signing up for a OU short course, its only 10 credits. I am about to apply for financial assistance for that and it starts in April.

For some reason I had it in my head that there was a requirement of a certain number of hours.

Thanks for the info guys.
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el patron
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Posts: 335
Joined: Fri Aug 10, 2012 2:06 pm
Location: Northern Ireland

Post by el patron » Thu Mar 07, 2013 9:13 am

MrWolf wrote:I am also doing 7.5 hours of a-levels for which I attend a local college, and a training course through the dhss which is 25 hours per week.

I assumed that the training course wouldn't count as its through the dhss. It's a level 2 vrq. It is one of those courses that they force job seekers to do, but I am doing it voluntarily.

I am in the process of signing up for a OU short course, its only 10 credits. I am about to apply for financial assistance for that and it starts in April.

For some reason I had it in my head that there was a requirement of a certain number of hours.

Thanks for the info guys.
I think the analogy may be made between working and studying, working from a treaty rights perspective encapsulates -

'Time commitment: the right of free movement applies to both part-time and full-time work, so long as the work is effective and genuine and not of such small scale, irregular nature or limited duration to be purely marginal and ancillary'

Hence it would be reasonable to infer that study should be of a similar nature and scale?
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