What ground was it denied on? Do you have it in writing that they claim since you acquired PR you are treated as a UK national? Loads of bullokks! You can only be classed as a UK national if you naturalise and that's it, you can continue to take advantage of your EU nationality in the UK till you denounce it (if at all!).
That's not right that they you can find yourself in a worse position having worked over 5 years and acquired the PR compared to a worker who has only worked a bit and whose family members are taking advantage of the Directive Article 24 on Equal Treatment.
There is the whole grey area about what happens when one acquires PR. Are you classified as a qualified person even if not working but while in possession of a PR? I think you'd still need to work if you want to rely on being a qualified person/exercising treaty rights, if not, you're only here as a settled person but your family members would not be able to rely on you in that sense.
My advice is, if you are still working, then your family member is entitled to have their loan application and other grants assessed in line with the EU worker's family members and other home students! Tell them they are breaching the law by refusing to consider your husband's application on this basis. Although how you could challenge that in practice (JR, appeal system etc), I do not know.
One thing is clear, your husband should be treated equally to the home students. Many don't understand that in contrast to EU students who must, at the outset, have funds, insurance etc. the family members of workers DO NOT NEED TO! they can benefit from the simple fact that their family member is exercising the treaty rights as a WORKER, as you are still working.
Ignore the fact that you acquired the PR, it is only relevant if you decide to claim help from the government and can do so indefinitely as opposed to the workers without PR, who would not be entitled to unlimited support!
In cases such as this, you are still exercising treaty rights as a worker/qualified person, your hubby is entitled to everything what the UK nationals are entitled to! Art.24 on Equal treatment.
http://www.direct.gov.uk/en/EducationAn ... /DG_065322
And this link tells you who to contact for breaches of the EU Law, petition EU parliament, call the practical advice line etc, whichever Uni that is, they are stepping over that line by fobbing you off hoping you'll not come back.
http://www.europarl.org.uk/section/info ... our-rights
Good luck and let us know how you get on.
victoriadthorpe wrote:Dear folks,
Hello everyone. I would be grateful for some useful advice. I am an Italian national and have been working and living in the UK since 2001 till date excercising my treaty rights as an EEA migrant worker. I married a non EU national in 2007. In 2007, I applied for perment residence which was granted to me. My spouse after three years residence in the Country is now in full time education. According to student finance, because I was granted perment residence in 2007, I am no longer considered as a european migrant worker and can only be now classed as a UK national.
Therefore, because my husband is a non EU national, he can only be entitled to have his tuition fees paid and his application was assessed as an EU national. All other maintenance loan and grants he normally would have been entitled to as a spouse of an EEA migrant worker or even so a spouse of a Uk national has been denied. An EU national is someone who normally lives in his home country and wants to come to study in the UK. My husband is not a EU national, yet his application was assessed as one. I am very confused here. Will someone be able to answer my questions please? (1) Does applying for permanet residence in a host country (UK) means one automatically looses their status as a migrant worker and benefits of treaty rights even though I am still in full time employment? (2) If acquiring permanent status has classified me as a UK national, why was not my husband's application treated as one? Why was he asked to submit a EU students loan application form? I find it difficult to understand their decision and should I appeal and take this matter to court for clarification of directive2004/38/EC. Does anyone have an idea about this law and how it applies to my case? I need urgent replies please....
