EU citizen as PhD student with non-EEA spouse

[nordsee]

Dear all,

I will move with my wife to the UK for my PhD studies. She will enter on an EEA family permit.

Most likely she will be transferd from her current employer to an overseas branch, but her employer won't sponsor her visa.

I'm unclear on the situation after arrival and her application for a residence permit. Will I be required to show some sort of financial guarantee? What is the exact situation after transitioning from an EEA family permit to a residence permit?

Thanks so much!

best wishes,

Nordsee

[too old]

so you are EEA national ?

if yes switching from EEA FM is easy, you being the student have to have CSI so that you are qualified and then your MRS will be dependent on you, you being the sponsor not your employer. once you are qualified via the student route she is ok to apply for EEA 2 nothing to do with your employer.

if you are working enough hours while studying then you can go via the route of being a qualified person working.

I hope it make sense.

[nordsee]

so you are EEA national ?

if yes switching from EEA FM is easy, you being the student have to have CSI so that you are qualified and then your MRS will be dependent on you, you being the sponsor not your employer. once you are qualified via the student route she is ok to apply for EEA 2 nothing to do with your employer.

if you are working enough hours while studying then you can go via the route of being a qualified person working.

I hope it make sense.

Thank you for this.

Yes, I'm an EEA national.

If I'm a student, will I need CSI for myself? Thought I would be insured with the NHS, same as when I did my master's in the UK. Also, I have been working in the UK after my master's. However, now I'm outside of the UK and EU.

How many hours would I be required to work in order to be a qualified person? No CSI requirement in that case?

Thanks again

[nordsee]

Also, my wife will be working. I guess I will only need CSI for myself in that case, right? I'm planing on staying in the UK afterwards.

[too old]

There is no specific number of hours mentioned that makes you qualified, a job which helps you bring 9-10k per year should be fine. yes no csi when working. your wifes work is irrelevant for now, you could rely on some of her funds if had a joint account and you had CSI.

i hope you know you have to be qualified in uk so that your wife can get eea2 in uk.

Thanks

[nordsee]

Yeah, I know. I would be qualified as either a worker (if hours / income are enough) or as a student with CSI. This should enable her to get EEA2, right?

[too old]

YES THAT IS CORRECT

[nordsee]

YES THAT IS CORRECT

Sorry again, but another thing got confusing. She actually has a full-time job offer. Will both of us need CSI or just me as I'm a student?

[secret.simon]

Under EU law, whether your non-EEA spouse works or not is irrelevant. You, the EEA Citizen, must exercise treaty rights, either by being a worker or by being a student with CSI.

To qualify as a worker, your work must be "genuine and effective" and not "marginal and ancillary".

To qualify as a student, you and all dependents (such as your wife) must have CSI (private health insurance) - Regulation 4(3)(b).

[Elizabella]

There is some further guidance from the Home Office here:
https://www.gov.uk/government/uploads/s ... udents.pdf

To me the guidance sounds like it doesn't matter if she's employed or not, you need to have CSI for both you and her if you are sponsoring her as a student. I haven't seen any reference to exceptions, but you could ask the Home Office for clarity. Her rights in the UK will depend fully on you exercising your treaty rights and has essentially nothing to do with what she does.

You aren't necessarily entitled to use the NHS for free even if you are working in the UK. A health surcharge has been introduced for quite a few non-EEA visa tracks.

[nordsee]

Thanks to all for the further replies. The thing should be clear now.