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Topic: Why is a spouse an "international student" for 3 yrs?????  (Read 2716 times)

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Re: Why is a spouse an "international student" for 3 yrs?????
« Reply #15 on: July 15, 2011, 03:11:46 AM »
EU citizens, when entering, can qualify right away - which I dont think is right. I think they should have similar restrictions put in place on them. Maybe not three years but at least 6 months.

That's not true.  We only qualify as long as we're economically active.  That's defined as a student, a self-sufficient person (though going on benefits usually cancels out the self-sufficiency), a worker, or self-employed.  There's also a "habitual residence test" for most benefits where one must show intent to become a permanent resident, part of which is actually having resided in the country for a period of time (generally between one and three months but can be longer depending on circumstances).  And for education, we still must meet the 3-year residency rule if we moved to the UK from outside the EU.

Granted, it is much easier for EU-nationals to obtain benefits than for non-EU spouses of UKCs.  But, it's not immediate nor is it guaranteed.
NOTE  I am merely an educated layman.  My comments are not to be taken as professional advice.  I speak only for myself, and not my employer or any other organization.  Side-effects include headache, upset stomach, and the realization that advice found on the Internet should be taken with a grain of salt.


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Re: Why is a spouse an "international student" for 3 yrs?????
« Reply #16 on: July 15, 2011, 07:39:36 AM »

AFTER getting a spouse visa, you can go to school as a resident within one year, in most US states.

I don't know much about the US side, but is a spouse visa in  the US a temporary visa with an  expiration date like the flr (or what ever it goes by now?)


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Re: Why is a spouse an "international student" for 3 yrs?????
« Reply #17 on: July 16, 2011, 06:48:55 AM »
If my husband came to NYC and married me there (no visa needed, we could marry on his tourist visa, and then apply for him to become a resident after...) he could go to school as a resident after one year of living in NYC.
They get a conditional Green Card, which is a conditional resident card, and the conditions are later lifted... And they have a Green Card. Then citizenship.
β€œIt was when I realised I had a new nationality: I was in exile. I am an adulterous resident: when I am in one city, I am dreaming of the other. I am an exile; citizen of the country of longing.” ― Suketu Mehta.

Married 04/13/11, in NYC.
Applied for Spouse Visa the following week, with express service, and I was approved 4 days later!
Arrived in the UK 05/20/11.
I took the stupid LIUK Test Oct. 2012.
We were granted ILR In Person in Croydon on 04/23/13.
Got BRP 2 days later, in mail box - it just appeared.

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Re: Why is a spouse an "international student" for 3 yrs?????
« Reply #18 on: July 20, 2011, 03:47:54 AM »
I don't know much about the US side, but is a spouse visa in  the US a temporary visa with an  expiration date like the flr (or what ever it goes by now?)

Its a 2stage approach, sorta like the UK. Assuming the couple is married for less than 2 years at the time of application, the UKC would enter the US on with a 2yr Conditional Permanent Residence. Then 90 days before the expiration, the UKC would apply to remove the conditions (assuming the couple is still married). After getting the conditions lifted, the UKC would be a Perm Res. with a 10yr green card that he/she has to renew every 10 years.

If the couple has been married for longer than 2 years at the time of application, the the UKC can enter with a 10yr green card - so they get to skip the conditional step.


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Re: Why is a spouse an "international student" for 3 yrs?????
« Reply #19 on: August 05, 2011, 10:59:53 AM »
That seems off... They want us to prove we can survive here without any assistance, but then they place a hardship on us for education?
Why are we classified as international students on a spouse visa?
Is there a REASON for that?
If so, please enlighten me... ?!


I couldn't agree more. I've been living in England for nine months now and can't enroll in a particular program of study because of an NHS bursary for that specific program. So even if I would be willing to pay out-of-pocket, I wouldn't even have the option to do that. Three years is a long time to wait. 
"Ah, one doesn't give up one's country any more than one gives up one's grandmother. They're both antecedent to choice - elements of one's composition that are not to be eliminated." -Henry James


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Re: Why is a spouse an "international student" for 3 yrs?????
« Reply #20 on: August 05, 2011, 06:56:40 PM »
I couldn't agree more. I've been living in England for nine months now and can't enroll in a particular program of study because of an NHS bursary for that specific program. So even if I would be willing to pay out-of-pocket, I wouldn't even have the option to do that. Three years is a long time to wait.  

Three years is a long time to wait, but otoh, the UK is very generous in making other tax-funded services (e.g. the NHS, a few welfare benefits) available as soon as one is habitually resident. Compare that to the ten qualifying years needed for Medicare and the need for a US immigrant's sponsor to repay the cost of Medicaid and other federal benefits.

Anyway, the basis for the three years is pretty clear, namely to stop children of UK expats coming to England merely to avail themselves of a taxpayer-subsidized education. I think that's reasonable public policy, although the financial difference between "domestic" and "international" tuition is presumably now substantially reduced in many cases.
« Last Edit: August 05, 2011, 07:15:11 PM by Giantaxe »


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