Student route - full time course necessary?

[MarianneBoullet]

Hi, a friend of mine got married to her Spanish partner and he wants to move to the UK whatever he wants to do a language course before start applying for jobs. He found an intensive english course to do as soon as they arrive in the UK(full time , 1 month)..does she can apply for an eea2 with this course?he has a csi already.
Thanks!!

[rosebead]

The free movement Directive does not insist that a course must be full-time, however the course must be at an establishment that is "accredited or financed by the host Member State on the basis of its legislation or administrative practice". So, as long as he is studying at an institution that is regulated, then I guess he could be considered to be exercising Treaty rights for as long as the course lasts since he has CSI already. That said, if he's not still on that course by the time his partner's EEA(FM) form is processed, the Home Office will not grant the residence card unless of course his circumstances have changed and he is working and has notified the Home Office of that fact.

[MarianneBoullet]

Hi Rosebead thanks for the replying, I didnt get this part :
[quoteThat said, if he's not still on that course by the time his partner's EEA(FM) form is processed, the Home Office will not grant the residence card unless of course his circumstances have changed and he is working and has notified the Home Office of that fact.][/quote]

What do you mean by the time the form is processed? When she receives the coa?!In case if the course finish after she get the letter is it necessary to inform the home office?And after she get the card, what would happen if she get the card whilst he's doing his course and then once she get the card he finds a job? The school is the Ih house, they're accredited by the british council and also a tier 4 sponsor.

Thanks!!!

[rosebead]

Full processing of the form can take several months and is completed upon issuance of the residence card (RC). If the EEA citizen's circumstances change during that time i.e. he is no longer studying by the time the application is finally looked at by a caseworker making the decision about the RC, then his family member will very likely not be granted RC, especially if the Home Office checks the EEA citizen's circumstances which they often do. What matters are the circumstances at the time the caseworker looks at the form to make a final decision and not the circumstances afterwards. However, if the EEA student finds work during the processing of his family member's application (which can take up to 6 months, or illegally even more), he must inform the Home Office of the change in circumstances to ensure that his family member will be granted RC.