EEA1/EEA2 - Student or Worker Route?

[siroc]

Hi all,

I'm an Australian citizen living in the UK under an EEA Family Permit together with my wife (Lithuanian).

She is currently an Erasmus student here from September, 2013. The plan is for her to extend the Erasmus studies for one year, and for her final semester (thereafter) to be writing her thesis while working part-time in the UK.

As it stands now, my EEA-FP expires on the 14 December, while her enrolment is currently until the 23 December (though exams/assessment could be later). Her studies are fee-exempt, and she's entitled to two study grants (EU and from Lithuania) equal to around £600/month. A letter confirming the possibility to extend her studies to the next semester cannot be sought until late September at the earliest. However, we would like to submit EEA1 and EEA2 as soon as possible.

My question: will it be acceptable to apply now under student sponsorship with a letter confirming her enrolment until 23 December? Of course, an accompanying statement signed by her would explain her intention to remain in the UK after that period.

Secondly, would it be of benefit to apply under student sponsorship still and give evidence of her holding a part-time job (10-15hrs/week) in addition?

Or would it perhaps be better to disregard the student sponsorship route entirely and for her to apply as a worker sponsor? The issue with that one is that she does not hold a job at current (another delay) and owing to her university workload and commute distance, I don't think she could manage more than 10-15 hours per week.

Thanks.

[Jambo]

Why do you need a Residence Card (EEA2)? It's not an issue that your EEA FP will expire as long as your wife exercise treaty rights (rights are obtained automatically. Residence documents are optional). This will have no affect on future application whenever you decide to make them.

If you require RC for employment, I suggest you apply now. As a student your wife doesn't need to disclose the amount she receive. All that is needed is a signed declaration by her that she will not become burden on the state. She will also need CSI (private health insurance or EHIC from Lithuania). I would also add a cover letter from her explaining her current status and a declaration that she will continue to exercise treaty rights after December 23rd. If the application is reviewed after that date, the caseworker might trust her statement or might contact you for updated evidence (make sure you provide contact details in the cover letter).

[siroc]

Why do you need a Residence Card (EEA2)? It's not an issue that your EEA FP will expire as long as your wife exercise treaty rights (rights are obtained automatically. Residence documents are optional). This will have no affect on future application whenever you decide to make them.

If you require RC for employment, I suggest you apply now. As a student your wife doesn't need to disclose the amount she receive. All that is needed is a signed declaration by her that she will not become burden on the state. She will also need CSI (private health insurance or EHIC from Lithuania). I would also add a cover letter from her explaining her current status and a declaration that she will continue to exercise treaty rights after December 23rd. If the application is reviewed after that date, the caseworker might trust her statement or might contact you for updated evidence (make sure you provide contact details in the cover letter).

Hi Jambo,

The issue is as you mentioned - employment. I already encountered this hurdle with one financial institution here, so would like to pursue for RCs.

As a student your wife doesn't need to disclose the amount she receive. All that is needed is a signed declaration by her that she will not become burden on the state.

That's interesting, as I was under the understanding that self-sufficiency (proof of finances) is a significant factor when the EEA national is a student...? Such things as proof of the ability to cover 6-months worth of living expenses?

She will also need CSI (private health insurance or EHIC from Lithuania)

She's in the process of renewing her EHIC, but from perusing related threads on here it appears that sometimes it is and sometimes it isn't deemed sufficient as 'comprehensive health insurance' - suggesting that the UKBA wants evidence of private health insurance cover. What's your word on that?

Also, am I correct in saying that I, as the non-EEA national, also need to be covered by CSI? I know that Australia has a reciprocal health care agreement with the UK, but I suppose it's irrelevant in this case... ? To be honest, I haven't looked into too much detail at this aspect of the application as yet.

Thanks.

[Jambo]

The issue is as you mentioned - employment. I already encountered this hurdle with one financial institution here, so would like to pursue for RCs.

Then apply now.

As a student your wife doesn't need to disclose the amount she receive. All that is needed is a signed declaration by her that she will not become burden on the state.

That's interesting, as I was under the understanding that self-sufficiency (proof of finances) is a significant factor when the EEA national is a student...? Such things as proof of the ability to cover 6-months worth of living expenses?

Although a student could be seen as self-sufficient, it is a different category and requires different evidence from self-sufficiency. If you read the application form closely (section 8.5 in the form), you will see that you need to provide "A bank statement OR evidence of a grant or scholarship OR a declaration of sufficient funds". This is also clear in the legislation (see 4(d)(iii)) and on page 28 in the modernised guidance.

She will also need CSI (private health insurance or EHIC from Lithuania)

She's in the process of renewing her EHIC, but from perusing related threads on here it appears that sometimes it is and sometimes it isn't deemed sufficient as 'comprehensive health insurance' - suggesting that the UKBA wants evidence of private health insurance cover. What's your word on that?

Also, am I correct in saying that I, as the non-EEA national, also need to be covered by CSI? I know that Australia has a reciprocal health care agreement with the UK, but I suppose it's irrelevant in this case... ? To be honest, I haven't looked into too much detail at this aspect of the application as yet.

Thanks.

If she is a student, only she needs to be covered. If she is self sufficient (i.e. not a student and not working), both of you need to be covered. A non UK EHIC is accepted as long as she adds a declaration that her stay in the UK is temporary (until she finishes her studies in X years for example). This declaration has no affect on her future status (if you decide you want to stay permanently). See the policy in Annex A.

Enjoy the reading...

[siroc]

If she is a student, only she needs to be covered. If she is self sufficient (i.e. not a student and not working), both of you need to be covered. A non UK EHIC is accepted as long as she adds a declaration that her stay in the UK is temporary (until she finishes her studies in X years for example). This declaration has no affect on her future status (if you decide you want to stay permanently). See the policy in Annex A.

Enjoy the reading...

If she declares her stay in the UK as temporary, would they not require an expected date of departure from her given in the statement? And would this not impact on the duration limits of the RC(s) (being for said duration as opposed to the standard 5 years)?

[Jambo]

If she declares her stay in the UK as temporary, would they not require an expected date of departure from her given in the statement? And would this not impact on the duration limits of the RC(s) (being for said duration as opposed to the standard 5 years)?

Strictly speaking - yes. They could issue you with a shorter RC although I never heard of such case even when temporary intentions was declared. She can always state that her stay is temporary without specifying a date or give date 3-4 years down the line ("to put my studies into practice, I plan to work for another 3-4 years. When working, CSI is not required).

Worst case (although very unlikely), you get a RC for 3 years and need to renew it. Still cheaper than health insurance I think.

[siroc]

If she declares her stay in the UK as temporary, would they not require an expected date of departure from her given in the statement? And would this not impact on the duration limits of the RC(s) (being for said duration as opposed to the standard 5 years)?

Strictly speaking - yes. They could issue you with a shorter RC although I never heard of such case even when temporary intentions was declared. She can always state that her stay is temporary without specifying a date or give date 3-4 years down the line ("to put my studies into practice, I plan to work for another 3-4 years. When working, CSI is not required).

Worst case (although very unlikely), you get a RC for 3 years and need to renew it. Still cheaper than health insurance I think.

Alright then. Thanks, mate.

Just one more thing, will the confirmation letter alone of her acceptance for Erasmus studies issued by the UK institution be sufficient (it states all necessary details)? Or would they want to see the learning agreement/enrolment confirmation for her whole degree from her home university in Lithuania too? The issue with that is the cost and time of translating the documents into English...

[Jambo]

Alright then. Thanks, mate.

Just one more thing, will the confirmation letter alone of her acceptance for Erasmus studies issued by the UK institution be sufficient (it states all necessary details)? Or would they want to see the learning agreement/enrolment confirmation for her whole degree from her home university in Lithuania too? The issue with that is the cost and time of translating the documents into English...

The legislation defines a student as

is enrolled at a private or public establishment, included on the Department for Education and Skills' Register of Education and Training Providers(2) or financed from public funds, for the principal purpose of following a course of study, including vocational training;

Sounds to me that a letter from a UK institution is enough. Don't see any point in providing overseas documents.