Immigrationboards.com

Hi all,
I am an EU citizen and we are planning to move to the UK with my US husband, within a year or so. He is applying for PhD programs. Should we go on the Student visa or EEA card route? What are the advantages of one over the other?
Thanks a lot for any advice.
PS: We live in the US right now, but we most likely will stay in Europe after he finishes his studies.

Applications for EEA Family Permits (and subsequent applications in the UK for Residence Cards) are free of charge, and the grounds for refusal are limited, outside of considerations of national security, to proof of a "marriage of convenience". Thus the initial grant of a Family Permit to travel to the UK would presumably in your case be a formality. An application for a student visa would incur a cost, more paperwork and proof of finances. The Family Permit is valid for 6 months.

So, getting to the UK would be easy. Extending your stay would require you, the EEA sponsor, to be a "qualified person", i.e. a worker, jobseeker, student, self-employed or financially independent person. A part-time job would suffice. Therefore within the 6-month expiry of the Family Permit you could submit applications for a Residence Permit (optional) for yourself and a Residence Card for your husband, valid for 5 years after which you/he could seek Permanent Residence.

Compared with this an application under UK Immigration Rules for a student visa has almost nothing to recommend it, unless your husband wishes to establish an immigration status independent of yourself - if, for example, you do not wish to remain with him in the UK. You should be aware that if he enters the UK with a Family Permit under EEA Regulations he can not subsequently submit an application under UK Immigration Rules.

In addition, a student visa might have restrictions on his employment while under the EEA regulations there aren't any.

In fact, if you are married and he holds a US passport, applying for a family permit is not mandatory and he can get a "EEA family member visa" at the border. I suggest you read - EEA FAQs - Common Questions - Read before posting - EEA Family Permit.

kotkoda wrote:Hi all,
I am an EU citizen ...

What member state(s) are you a national of?