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andes66 wrote: ↑

Wed Dec 08, 2021 6:07 am

While EU family members who have been resident in a EU country (for 3 Years) are allowed to have access to free or subsidised adult education courses, the same rules don't apply to NON EU family members.

Family members of UK and EEA nationals

40. A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national. A family member is eligible for funding if they:
40.1. where required to do so, have obtained pre-settled or settled status under the EU Settlement Scheme and
40.2. have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning

I feel EU and NON EU family members are not treated equally.

kamoe wrote: ↑

Wed Dec 08, 2021 3:12 pm

andes66 wrote: ↑

Wed Dec 08, 2021 6:07 am

While EU family members who have been resident in a EU country (for 3 Years) are allowed to have access to free or subsidised adult education courses, the same rules don't apply to NON EU family members.

According to that document, whilst the case of family members is treated in a different paragraph (40), in the end the conditions are the same. Note that there is no condition of the family member having EU nationality (page 15):

Family members of UK and EEA nationals

40. A ‘family member’ is the husband, wife, civil partner, child, grandchild, dependent parent or grandparent of a UK or EEA national. A family member is eligible for funding if they:
40.1. where required to do so, have obtained pre-settled or settled status under the EU Settlement Scheme and
40.2. have been ordinarily resident in the UK and/or EEA for at least the previous 3 years on the first day of learning

So the way I read it, the same condition of 3 year residency applies, regardless of the nationality of the family member. So it's the same treatment and conditions as for EU nationals.

I feel EU and NON EU family members are not treated equally.

As I said, I don't think that's the case. What is the case is that extended family members and direct family members are not treated equally.

For example, the above does not extend to unmarried partners, even if they have settled status. Couples have to be married for the non-EU counterpart to be considered a EEA family member. (I know this by painful experience. I had to pay international fees as the unmarried partner of a French national with EEA Residence card, and over 8 years of residence in the UK. Bottom line is that I was neither a) married, b) a permanent resident or settled status holder, or c) a EU national myself. There was absolutely no recurse for me in that case).

But if the person in question is the direct family member as defined in point 40. above, with over 3 years of UK residence, then I interpret they should be covered, regardless of nationality.

NOTE: This is my interpretation only. Anyone else with a different point of view is welcome to point out where it is stated otherwise.