Marriage to a dual US/EU citizen

 My US citizen daughter's fiancee has US citizenship from birth and EU (Polish) citizenship from his parents.  He's been accepted into a PhD program, as an EU citizen, in the UK.  They plan to be married a few months before university starts.  As best as I can tell, she should be able to live and work in the UK as a qualifying family member (at least until Brexit shakes out).  Anyone have any insight into anything like this?

If they are married before she applies, she'll be okay.  At least if they applied today.  EU route is getting trickier and trickier by the day with Brexit.  I wouldn't count on it for anything long term at the moment.  It'll literally be a day-by-day thing.

  As best as I can tell, she should be able to live and work in the UK as a qualifying family member (at least until Brexit shakes out).

Work in the UK as a 'family member of a qualified person'. She can't be a qualiifed person herself as she is not an EEA citizen. Her permission to be in the UK legally relies soley on her EEA citizen sponsor and while the UK is still in the EU.


Under the EU Directive, every EEA citizen who lives in another EEA country past their initail 3 months allowed as a visitor, must be a "qualified person" to have a "right to reside" in that EEA country. As long as they remain a qualified person at all times, then they and their direct family members have an automatic  right to reside in that EEA country under EU laws/EU court rulings.

To be a "student qualified person," -
- the EEA citizen and all their Family Members must each have a CSI (Comprehensive Sickness Insurance) and it must cover any exisiting conditions too.
- They must not take benefits.

Even if your daughter works and pays taxes, she must still buy a CSI because her EEA sponsor must have a CSI. She can only have what her EEA citizen sponsor can have.

Have a read
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons


Compare this to if he came to the UK as a student under present UK immigration rules, on a Tier 4 visa -
-his wife could work
- they both would be covered for free NHS treatment, for any exixiting conditions too, for £150 a year each via the Immigration Health Surcharge.
- when his course was over, an employer would not have to carry out a Resident Labour Market Test for a work visa for him.

If they are married before she applies, she'll be okay.  At least if they applied today.

This is the entry permit she will need to apply for when she is married, to have entry clearance to the UK. https://www.gov.uk/family-permit

It will be valid for 6 months but only if the EEA citizen sponsor becomes a qualified person within that first 3 months of arrival and remains a qualified person at all times.

Unlike UK "visas", the end date on EU permits (EU rules) means nothing as they can become invalid if their EEA citizen ceases to be a "qualified person" at any time and they then lose the "right to reside" in the UK under EU rules/EU court rulings.