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Rights of non-EU spouses in the UK?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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andy and ann
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Posts: 129
Joined: Sun Jun 07, 2009 3:51 pm

Rights of non-EU spouses in the UK?

Post by andy and ann » Mon Apr 19, 2010 8:09 pm

Hi there,

A few of you might remember us and how we managed to get back to the UK via Bulgaria in time for our daughter to be born and were very successful with the fantastic help from these boards!

Anyway, with the baby doing fine my wife (Filipina) found a few simple courses at the local college that she would be interested in taking, namely waxing, manicures etc. It would do her the world of good to get out for a few hours and meet other people. I called the college to book her in and was told that she couldnt do them because she has not lived in the UK for one year. The college would have to pay for a licence to be able to do this, but they don't because there isn't enough demand. I thought that my wife enjoyed the same rights as me. Are they allowed to stop her from getting a bit of education? We arrived in the UK in January this year on the EEA Family Permit.

Thanks for any advice :)

andy and ann
Member
Posts: 129
Joined: Sun Jun 07, 2009 3:51 pm

Post by andy and ann » Mon Apr 19, 2010 8:11 pm

So sorry I put this in the wrong forum, it should have been in the EEA one!

Sorry!

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 10:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Apr 20, 2010 9:54 am

They are wrong, that's ridiculous! I've never heard of this one year rule. On an EEA family permit she can study, she just most likely will have to pay international tuition fees.
I tell it like it is.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Apr 22, 2010 3:50 pm

Your wife has the same status as you do in the UK, and you both (most likely) have the same rights to work and study as a UK citizen.

Has your wife applied for a Residence Card?

You should contact Solvit for their (free) assistance. It can take a few weeks, but is worth starting now.... http://eumovement.wordpress.com/help-eu-solvit/

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Apr 22, 2010 4:10 pm

If this rule equally applies to EEA (including UK) citizens then it may in principle be possible. Does the one year mean one year prior to enrollment?

andy and ann
Member
Posts: 129
Joined: Sun Jun 07, 2009 3:51 pm

Post by andy and ann » Sat Apr 24, 2010 5:44 pm

Thanks a lot (once again I might add!!) for the help. I contacted the college again and met up with them yesterday. They showed me the rulebook which they admitted that they didn't understand. In the end we got her booked onto the course though :)

I tried to book an appointment at Croydon for the residence card but they say that we cannot go there for and EEA2 application we can only submit it by post. We are going to apply this coming week.

Is the processing time for this still running into years?

Thanks again all :)

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