OK! Let us get to the task at hand and start with your queries one by one
My initial query is whether I can apply for a EEA residence permit from within uk on an hsmp visa.
Yes you can! There is no "no switching " rule from the immigration to the EEA route.
But I needed to know whether there are any further requirements on her for being a 'qualifying' person as she is a student.
Once you get married there is no requirement on her part to qualify in any other way by exercising her treaty right like a worker etc. Exercising her treaty right as a student will be enough. But she will have to prove that she has enough resources for her which can be proven from the evidence of your income . Even though the need of medical insurance is theoretically a requirement of exercising a treaty right in such cases, I do not know how strictly it is practically implemented in the UK.
Also I needed to know whether the visa will be given for a period of 5 years for sure or can it be for a lesser period as she is a student because then it would mean an application hassle again in the future.
The Residence Card issued to non-EEA family members is usually issued for five years. But if the treaty right is going to be exercised for a lesser period of time, it will be issued for the period of time. For example, if your wife's course is going to be for 2 years, that is how long your Residence Card will be for.
Finally, do we need to enclose our passports for the application or can it be done later on request. We were thinking of applying with notarized copies of our passports.
Requesting the passports back while your EEA2 application is processed does not affect the application. I do not know how well only a certified copy of your passports will do. If anyone has been brave enough to do that I will let them comment on it.
As a side note, looking at John's reply just makes me realise that you are sitting on an immigrant's resident-status-related gold mine. Just think about this- you get married in summer by which time you hardly have 2 years more to make it to the holy grail of ILR on your HSMP. Also at the first instance that you enter the UK (incase you get married abroad) or since the day you get married in UK an invisible clock starts ticking towards the 5 year required for PR(Permanent Residence) as the non-EEA family member of an EEA national under the EEA route. If by any chance the HO does change the rules of HSMP when you apply for extension, you can apply for the Residence Card then and still not lose any time in getting your PR under the EEA route. And if they donot change the rules, you could have the ILR with just one more year.. all by yourself with no thanks your wife. Either way its a win-win situation for you.
If you are still stubborn about reseting your immigration clock immediately after your marriage, I suggest that you mention nothing about she being a student. Just show evidence of your income and put her down as economically self-sufficient. That way you dont have to worry about the shorter Residence Card as you can put down the duration of your employment as indefinite and get the 5 year validity for your Residence card at one shot.
I would have replied earlier to your post had I known I would have qualified to do so inspite of not being a moderator.
