Non-EU wife. Live separately in the UK for studying

Hello everyone.

I am struggling to find an answer for this. Can anyone help?

I am an EU citizen with a settled status in the UK. My wife is a non-EU national with a pre-settled status.

Her employer is requiring her to enroll on a university course for 1 year which means she will have to live in the student halls. We won't be living together at the same address as I will be keeping my current job in a different city.

Is she allowed to use her pre-settled status to study despite us technically not living together? I have a hunch that the Home Office may have an issue with this.

Does she need to apply for a Tier 4 student visa in this case?

Thanks for your help

When read this initial thoughts that came to mind are:

1. Is her employer paying her to attend the university course ie is this her job or is she a true student ? If her job then arguement that working away during the week similar to someone with traveling job staying in an hotel.

2. What is she doing at weekends and during university holidays ? Staying at student halls or returning home to you ie her permenant home is with you and living in temporary accomodation associated with job during the week. Does the employer pay for return trips home at weekends.

3. Must admit I can't think why home office should care whether your wife works, studies or sits at home. Here on the basis of marriage to you so up to her what does in spare time. If employed to be at university then she is working especially if paying tax and national insurance.

4. Last thought - is university in UK? Question 1 and 2 assume that it is UK university.

Would be tempted to treat this as a temporary absence, ensure remains on council tax records at your address etc and keep records of where spend weekends and university vacations. Students have option to vote either at home address or university address so they should legally be able to have two addresses (obviously does not apply to your wife but principle recognises that home address remains for students.

No Tier 4 visa or anything. It would be crazy to drop the Pre-settled status and go after a Tier 4. It doesn't make any sense at all.

The pre-settled status allows the holder to work, study or do nothing. There are no limits.

You are not forced to live at the same address.