EEA Family permit VS. Student Visa

[sheshe123]

Hi,

I posted here a few days ago and recieved some very helpful replies, I'd much appreciate if you could help me with 1 more issue that I have.
So, my husband has been accepted into a postgraduate program in London. I am an EU national and he is a Non-EU.
My question is: must he apply for a tier 4 student visa because we know that he plans to study, rather than the EEA FP?
I contacted the UK visa service with this question, and they replied this:

"The visa category that each applicant applies for it's his/hers entire responsibility. If your spouse is coming to the UK for a particular reason, the visa should reflect it. However, each applicant is free to apply for any visa he/she wants to and it will be up to the Entry Clearance Officer to decide upon it."

I feel that this is a very vague answer... does it mean thatif the ECO knows that my husband plans to study, can he refuse his EEA FP application?
or saying he will get the FP, can he be refused later when he applies for the residence card?

Thanks again for reading.

[chaoclive]

I think that they mean they can't/won't and advise on what visa people should apply for, i.e. they will evaluate the application against the requirements for the category applied for, e.g. if a student applies for a work visa it will be rejected.

I think you can apply for the EEAFP. How would they know at the application stage that he wants to study in the UK? It's you that they're worried about. They don't care what he does (as long as it's legal). If you want to apply for a student visa you will have to provide much more info and pay a high fee. The EEAFP is free and you don't need to provide so much in the way of info. When he applies for a residence card again they will be looking for evidence that you are exercising treaty rights.

A few questions to make sure you will get better advice:
-Do you have British citizenship?
-Are you in the UK now?
-If not, what will you be doing in the UK?

I would also check with the university to ensure that they understand the EEAFP before you actually apply. Of course, it is fine, but we need to make sure that they are aware.

Hope someone else will come and give you some more details.
CC

[sheshe123]

hi chaoclive, thank you so much for your answer. I guess you're right that they just don't want to give any advice.
to your question how would they know that he wants to study - the 1st or 2nd question in the EEA application form is "what is the main purpose of your travel to the UK?"
To your other questions:
- i am not a british citizen
- i'm not in the UK now
- I intend to find a job and work in my proffesion (i'm a graphic designer). But the main and most important reason we're travelling now because he's been accepted into the MA course. And that is also the reason that i have concerns about the EEA FP. I know that the EEA is a much easier and cheaper proccess than the student visa and that's why we want to apply for it.

Checking with the university is a good idea and we will.
thanks again and if anyone have more information please help.

[chaoclive]

I will definitely be saying that my partner's main purpose of going to the UK is to be with me. It makes no difference what he does when he gets there!

If you're not in a major rush, contact the uni first. If they say that the EEAFP is fine (which they should) then just do that. If they are having second thoughts about it (which they shouldn't) apply for the student visa. I really don't think it's anything to do with the Home Office if you have decided to go to the UK and he will study when you are there. As long as you are working (or otherwise exercising your treaty rights) everything will be fine.