Post
by Mr Rusty » Tue Dec 11, 2012 3:27 am
Applications for EEA Family Permits (and subsequent applications in the UK for Residence Cards) are free of charge, and the grounds for refusal are limited, outside of considerations of national security, to proof of a "marriage of convenience". Thus the initial grant of a Family Permit to travel to the UK would presumably in your case be a formality. An application for a student visa would incur a cost, more paperwork and proof of finances. The Family Permit is valid for 6 months.
So, getting to the UK would be easy. Extending your stay would require you, the EEA sponsor, to be a "qualified person", i.e. a worker, jobseeker, student, self-employed or financially independent person. A part-time job would suffice. Therefore within the 6-month expiry of the Family Permit you could submit applications for a Residence Permit (optional) for yourself and a Residence Card for your husband, valid for 5 years after which you/he could seek Permanent Residence.
Compared with this an application under UK Immigration Rules for a student visa has almost nothing to recommend it, unless your husband wishes to establish an immigration status independent of yourself - if, for example, you do not wish to remain with him in the UK. You should be aware that if he enters the UK with a Family Permit under EEA Regulations he can not subsequently submit an application under UK Immigration Rules.
