Student on benefits... I might be in a grey area

Something was recently brought to my attention that is worth looking into, and I thought I'd ask here first before stomping down to the relevant local city council office.

I'm here in the UK with my Norwegian wife.  I came here on the EEA Family Permit, and then got a residence card.  I am also a full time student.  Even though I have absolutely no visa restrictions as the spouse of an EEA national, I am still required to pay international student fees(due to the 3 year requirement that says one must be in the UK/EEA before course starts, this applies even to UK citizens).

I also work a silly 5/6 hour a week job driving around the East Midlands cleaning ATM's(Cash Machines). I was told that I might be able to apply for benefits.  Normally, a student is NOT eligible for benefits, but that is because they are elegible for the all normal student grants and loans.  Since I am not eligible for any of that, I might still be able to get certain benefits.

Does anyone have any thoughts?  I'm nervous about even broaching this issue at the relevant government office, seems quite the odd situation.  My wife works full time but still doesn't earn all the much.  The initial benefits summary calculator on the Directgov website shows that I do qualify, but of course, it can't factor in my student/student fee situation.

Thanks all!  Loving this site more and more.

I would have thought that you'd have a prohibition on public funds as an immigrant, but maybe not as an EEA family member. I would check the provisions of your visa first.

As the spouse of an EEA national, I am treated for all practical purposes, as a EEA National.  So any rights my spouse has, I also have.  That's the theory at least.  There are no limitations for work and study placed on me hence my original question.

I also work a silly 5/6 hour a week job driving around the East Midlands cleaning ATM's(Cash Machines). I was told that I might be able to apply for benefits.  Normally, a student is NOT eligible for benefits, but that is because they are elegible for the all normal student grants and loans.  Since I am not eligible for any of that, I might still be able to get certain benefits.

Does anyone have any thoughts?  

Yep; time to turn your "silly 5/6 hour a week job" into sensible hours, to support yourself. Students are not allowed benefits. How were you planning to live from just 5/6 hours work? You will not be limited to only 20 hours a week work, that non EU students have to abide by.

I assume your wife is exercising her right to be in the UK, by working? Her wage would come into any income based welfare claim anyway, even it you were allowed to claim welfare: which you aren't.

Californiaguy, if you can, try making an appointment with your local Citizens Advice Bureau or similar organization.

In an application for any sort of benefit, they will look at the income of the household.  If the combined income of you and your wife is below a certain amount, you (as a couple) could be eligible for things like Working Tax Credits or partial Housing Benefit, which are things that you, jointly with your wife, would be perfectly able to apply for.

Californiaguy, if you can, try making an appointment with your local Citizens Advice Bureau or similar organization.

In an application for any sort of benefit, they will look at the income of the household.  If the combined income of you and your wife is below a certain amount, you (as a couple) could be eligible for things like Working Tax Credits or partial Housing Benefit, which are things that you, jointly with your wife, would be perfectly able to apply for.

My wife works fulltime.  She also works part time for a Norwegian company, translating as well.  Would the UK take into account her foreign income or do all they care about is UK income?

Yep; time to turn your "silly 5/6 hour a week job" into sensible hours, to support yourself. Students are not allowed benefits. How were you planning to live from just 5/6 hours work? You will not be limited to only 20 hours a week work, that non EU students have to abide by.

I assume your wife is exercising her right to be in the UK, by working? Her wage would come into any income based welfare claim anyway, even it you were allowed to claim welfare: which you aren't.

I think you are missing part of what I said.  Yes, I know students aren't allowed benefits, but the reason they can't is because of all the students grants and loans they get.  Since I haven't been in the EEA for 3 years before the first day of my course, I am not eligible, but I also have no immigration restrictions placed on me as I am here with full residence hence the grey area I seemed to be in.

I think in a round-a-bout way Peter is offering you a job. Makes me feel bad for sniping at him all the time.

I think you are missing part of what I said.  Yes, I know students aren't allowed benefits, but the reason they can't is because of all the students grants and loans they get.  Since I haven't been in the EEA for 3 years before the first day of my course, I am not eligible, but I also have no immigration restrictions placed on me as I am here with full residence hence the grey area I seemed to be in.

Not a grey area as you are a lot better off than international students who have to pay for student visas and also don't get Student Loans; but have the visa restriction of just 20 hours a week work during term time. As I said, you have no such restriction and will be allowed to work more hours.

Why don't you just ask for more hours or get an extra job? Why are you letting your wife keep you when you could work some hours too? Working while being a student looks a lot better on your CV when you graduate and look for someone to employ you.

My wife works fulltime.  She also works part time for a Norwegian company, translating as well.  Would the UK take into account her foreign income or do all they care about is UK income?

ALL the income is counted for income related welfare claims.
Students still can't claim though, even if their parents earn too much for them to claim student grants and they get a much reduced student loan. Students can work.

I think in a round-a-bout way Peter is offering you a job. Makes me feel bad for sniping at him all the time.

He is only working for 5/6 hours a week and it looks like he would prefer to claim welfare rather than find more work: I would not offer him a job.

I didn’t notice that you were sniping at me all the time. I must have missed it.

I just seems you may be offering unsolicited advice - which is a bit gauche.

I just seems you may be offering unsolicited advice - which is a bit gauche.

"Gauche" isn't the word the (truly) highly skilled Americans I work with, used when they read the opening post. It's not the word my (American) wife used either.

I could be impolite and ask why he doesn't do some quick internet research on his question, as he is a student: it only took me a couple of seconds to find the answer to his question. I don't mean research on AskYahoo either (as a Masters student did about the NHS ) I  mean correct research, like using the UK's welfare site.

"Gauche" isn't the word the (truly) highly skilled Americans I work with, used when they read the opening post. It's not the word my (American) wife used either.

I could be impolite and ask why he doesn't do some quick internet research on his question, as he is a student: it only took me a couple of seconds to find the answer to his question. I don't mean research on AskYahoo either (as a Masters student did about the NHS ) I  mean correct research, like using the UK's welfare site.

Heaven forbid anyone ask for advice on UK Yankee.  That's DEFINITELY not what this community is for.

He is only working for 5/6 hours a week and it looks like he would prefer to claim welfare rather than find more work: I would not offer him a job.

Peter, that's quite an assumption. Do you have evidence that "it looks like I would rather claim welfare than find more work?" :-/

Why don't you just ask for more hours or get an extra job? Why are you letting your wife keep you when you could work some hours too? Working while being a student looks a lot better on your CV when you graduate and look for someone to employ you.

Hmmm... again, an assumption about me and my life that I find surprising. :-/

Heaven forbid anyone ask for advice on UK Yankee.  That's DEFINITELY not what this community is for.

Yes, my thought exactly. :-)

I do plenty of googling before I even come here, the fact I even asked this question was because I found nothing on any website that talks about my situation, which doesn't surprise me, as I have never heard of someone else in this particular situation.