SFE asking for evidence of residency from day one for EU family member Watch

sigma84
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Hi,

My wife has been deemed not eligible by SFE for Postgraduate funding due to lack of evidence of her residency in the UK. I am EU citizen and she is not, and although we came together to the UK, I have applied for the same Postgraduate funding and it was quickly accepted.

After living in Dublin, Ireland for 4 years, we moved to the UK in 08 July 2018 after I received a job offer to start by 17 July. On arrival she didn't get a visa on her passport, as there was no immigration check when coming from Ireland into the UK.

When we tried to rent an apartment in the UK, we learned that, due to the Right to Rent legislation, she had to show some kind of visa (which I believe evidence of her marriage with me, the EU citizen, should suffice, but didn't), although it was stated in the Home Office website that this visa was "optional". So we requested this "optional" (paid) visa (in both our names) in 19 July.

Now SFE is asking us for proof of her residency since the first day she arrived in the UK (08 July) until 1 September, which was impossible for us to have since there was no immigration check from Ireland.

Some things I've discussed with them, with no success:

- her resident visa from Ireland was still valid at the time, so even before applying for the visa above, she could still be considered a valid resident in Ireland, which SFE doesn't want to accept
- I have mentioned that I already had a bank account created in my name before 08 July (for the new job), but they haven't accepted that either, since they need information about her

For me it seems unfair, aren't EU Family members supposed to have the same rights as their EU spouses?

Any ideas on how to proceed would be appreciated.
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Aisha SFE
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(Original post by sigma84)
Hi,

My wife has been deemed not eligible by SFE for Postgraduate funding due to lack of evidence of her residency in the UK. I am EU citizen and she is not, and although we came together to the UK, I have applied for the same Postgraduate funding and it was quickly accepted.

After living in Dublin, Ireland for 4 years, we moved to the UK in 08 July 2018 after I received a job offer to start by 17 July. On arrival she didn't get a visa on her passport, as there was no immigration check when coming from Ireland into the UK.

When we tried to rent an apartment in the UK, we learned that, due to the Right to Rent legislation, she had to show some kind of visa (which I believe evidence of her marriage with me, the EU citizen, should suffice, but didn't), although it was stated in the Home Office website that this visa was "optional". So we requested this "optional" (paid) visa (in both our names) in 19 July.

Now SFE is asking us for proof of her residency since the first day she arrived in the UK (08 July) until 1 September, which was impossible for us to have since there was no immigration check from Ireland.

Some things I've discussed with them, with no success:

- her resident visa from Ireland was still valid at the time, so even before applying for the visa above, she could still be considered a valid resident in Ireland, which SFE doesn't want to accept
- I have mentioned that I already had a bank account created in my name before 08 July (for the new job), but they haven't accepted that either, since they need information about her

For me it seems unfair, aren't EU Family members supposed to have the same rights as their EU spouses?

Any ideas on how to proceed would be appreciated.
Hi, we would need to see evidence confirming she has been in the UK for the period requested. I appreciate there was no visa checks therefore you are unable to provide this.

We would recommend in the first instance you ask your wife to send us a detailed covering letter explaining the above and as to why no evidence can be provided. This will then be passed to the residency team and will be looked at on a case by case basis.

Regards, Aisha
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