UK Citizen coming back to study, status of non EU spouse?

[85 East]

Hi All,

I'm a UK citizen who is currently working overseas. I'm planning to come back to the UK to do my masters at a UK University in September. My wife is an Indian citizen; now I'm slightly unclear about what visa she would need? Is it a tier 4 dependent visa? We won't meet the income rules for settlement visa, and I cannot see any guidance on the ukba website about what visa she would need to apply for? Is it a tier 4 dependent?

Thanks

[Greenie]

She can't apply as a tier 4 dependent because you are not a tier 4 migrant. Where are you currently living?

[Olasunkanmi]

@ 85 East, as Greenie ask where are you currently living and one more clarification, whats your wife visa status at your current country of resident?

[sheraz7]

If you (british national) are working in any EU member state and living with your non-EU (indian) wife there then she can use the surinder singh route to enter under EU route. See EEA FAQS - Common Questions

[85 East]

We're currently living in Kenya, but employed by a German organisation (and pay UK taxes), so in terms of admission to UK university I qualify for EU fees status. We don't have a residence in Germany, but could get one (and register for German residency) but would not be resident there as my employment contract is based in Kenya.

Thanks!

[Greenie]

I don't understand how you have been assessed as a home fees payer if you are living and working in Kenya, the criteria for fee status is here http://www.ukcisa.org.uk/International- ... Education/

Your wife won't qualify under the Surrinder Singh route if you are not living/working in another EU state. The only route is the spouse visa which you seem to think you don't qualify for.

[85 East]

I don't understand how you have been assessed as a home fees payer if you are living and working in Kenya, the criteria for fee status is here http://www.ukcisa.org.uk/International- ... Education/

Your wife won't qualify under the Surrinder Singh route if you are not living/working in another EU state. The only route is the spouse visa which you seem to think you don't qualify for.

I don't fully know the rules of fees assessment, but I guess it is because my employment contract is made in Germany and I pay German taxes on my income from Germany. Hence I guess it would be easier to go the Singh route as I'm already registered in the German system as a tax payer there.

[Greenie]

I think your thread needs to be moved to the EU applications forum as you are likely to get better input there. You might struggle to convince the Home Office that you are exercising treaty rights if you are not actually residing in another EU country.