EU citizen & UK student

[hum]

Hello everyone,

I am a EU national and my fiance is a non-EU national who came to study in the UK. We are planning to marry soon and I could like to know what the consequences are of our marriage for my fiance's status. At the moment I do not live in the UK. What are our possibilities, what will happen to his status as a student?

I would be very grateful to you if you could give me some advice what to do or how to handle this.

Thank you,
Hum

Ps. I hope this is the correct forum to post my message.

[hum]

Can anyone please help me out of this?

Hum

[Kayalami]

Your spouse can derive a right of residence in the UK through you based on treaty agreements but only after you:

1. Enter the UK and establish your presence in exercise of treaty rights i.e. self employment or employment.

2. Apply for a EU residence permit and include your spouse in the application.

Dependents are not eligible for a right of residence if the marriage is one entered into for the avoidance of national immigration controls - the burden of proof is on the Home Office here but they have new sweeping powers to investigate marriages including home visits.

Until 2 is approved he/she remains on student status with appropriate conditions i.e. restricted working and no recourse to public funds. Read the family forum on others who have been in a similar (EU spouse) situation - this could have saved you some time and possibly frustration.