Defining treaty rights, and WHV -> EEA2 -> Tier 1

[moose]

I'm an Aussie on a WHV who moved to London in May last year with my Aussie/Finnish passport holding girlfriend. My 12 months of working on the WHV finishes in June.

We're soon to be married (though I've not yet applied for a CoA), at which point I believe I'd have no restrictions on my ability to live and work in the UK. Unfortunately as far as working goes, my partner will be undertaking a Masters course in Finland from September - which I'm pretty sure would mean she's no longer 'exercising her treaty rights' within the UK and thus I'd no longer be able to work here.

Due to:
- she'll be doing a Masters program which doesn't have a lot of class time
- university semesters are reasonably short (12-14weeks), with a lot of time for thesis writing and/or holidays
- neither of us speak Finnish beyond beginner level
- the Finnish job market is very tough

We've decided it would probably be better for me to stay in London and for her to fly back when she has the time to do so (and vice versa).

This leaves me with the HSMP/Tier 1. Unfortunately I didn't quite qualify prior to the rule changes making in-country switches not possible for WHV holders. I do now, but I would like to avoid 48 hours in the air and £800-900 to an airline.

So basically, is it possible to go WHV to EEA2 to Tier 1/HSMP all in-country? Or is there something I'm missing here which might allow me to stay and work in the UK anyway (perhaps a more liberal interpretation of 'exercising treaty rights')?

(Wasn't sure if this should go in the Tier 1 forum or the Immigration for family members forum so please feel free to move as appropriate).

[sakura]

How long have you been together? Have you lived together?

If you do qualify for the family permit, then you can apply for it and then switch to Tier 1 in country. I think that is a possibility.