SFE Student loan for non-EU spouse of EU citizen in UK

[Jandroka]

Hi all,
I´m hoping someone can shed some light on my wife’s crusade against (SFE) Student Finance England.
I am a Spanish national and my wife is Russian, her Visa and work permits in the EU are as follows:-
Visas

28/11/13 – 23/05/14 Schengen Visa (via Spain)
07/07/14 – 04/01/15 Visa United Kingdom
01/07/15 – 27/12/15 Schengen Visa (via Spain)
03/08/16 – 03/02/16 UK Entry Clearance
In UK since 15/08/16.

Permits (work & residence) obtained - All enclosed:

Ukraine: Lifelong
Spain: Valid till 05/07/2020 (5yrs – renewable)
Italy: Valid till 19/01/2027 (10yrs)
UK: Valid till 11/05/2022 (5yrs)

Appeals stage 1 & 2 have proved unsuccessful; stage 3 is reviewed by an independent body but we are waiting for some sound legal advice before proceeding.
SFE has rejected her application for funding based on the fact that my wife was not a “lawful resident within the EEA during 3 consecutive years prior to the date of her application: 09/2017 (Our relationship began mid-Aug. in Norwich!). This is technically true due to the 6 months in Ukraine:

-July 2014 Student visa 6 months – 4thJanuary 2015
-4thJanuary 2015 – 5th July 2015 Ukraine (married 28/3/15 & registered at Spanish Embassy)
-6thJuly 2015 – mid Dec. 2015 Spain Residence & Work
-mid Dec. 2015 – early Aug. 2016 Italy Residence & Work
-early Aug. 2016 Italy – present UK Residence & Work

The issue is I myself applied for a student loan in 09/2015 and was initially rejected for having been out of the EU those same 6 months – SFE stated this was more than just a holiday (when actually it was just that, I could not work and even had to have my passport stamped in Athens after 90 days). On 2nd appeal the issue was solved and I got the loan.

My question is on her derivative rights: we have been living together since 16/08/14, married 28/3/15, spent exactly the same time out of the EU and our relationship began mid-Aug. in Norwich! If my stay outside EEA was overlooked (accepted as a holiday) shouldn´t hers have the same consideration? I am exercising my treaty rights, the fact being we are both working in London and she is my wife/partner.

The irony of all this is that she’s studying a 2yr p/t ProfGCE (L6) which will lead her to QTLS equivalent to QTS and ONLY VALID FOR TEACHING IN THE UK. Other member states have their own educational systems and nearly always require knowledge of local language, besides possible state exams.

A month ago we brought up this issue with our local MP who forwarded us to Tottenham legal advice centre; their initial reaction was of possible discrimination based on the above and then given an appointment with welfare specialist who admitted this was out of his remit but did agree on focusing on derivative rights as the best options.

Any feedback would be greatly appreciated as year 1 of college is over and they are putting pressure on us.

Thanks for your time!