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Right to study with CoA.

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  • LAWYER RESPONSE Right to study with CoA.

    Hello everyone.

    my partner and I (registered civil partnership) are in an incredibly stressful situation that seems to make no sense. Let me try to summarise it.

    I have been living in the UK before the end of the transition period. I applied for, and received a pre-settled status without problem. My partner, with whom I am in a registered civil partnership before the end of the transition period, has applied for an EU settlement scheme on1 May 2021, based on our partnership. He is due to start a MA at the UAL here in London on Monday. However, despite our case being straightforward, we are still awaiting a decision by the Home Office.

    The university refuse to enrol him because they believe that he only has a “visitor visa” which only cover 6 months. This is not true. The Home Office has confirmed that he applied for the EU settlement scheme and NOT for a EU family permit. The casework from the HO that we had on the phone was quite clear on that point. She confirmed, repeatedly, that he has the right to study. She also said that he could not apply for any other visa, as they would be rejected outright, because he is already covered by his certificate of application. We did make sure she knew he was not living in the UK before 31/12/20.

    As the university refused to budge, we called the UKCISA. They told us that the university would not enrol him if we couldn’t provide proof of what the Home Office told us over the phone (we did asked the HO for a written proof but the caseworker said that the university should contact them instead).

    I contacted our MP, and his office has been great. They contacted the Home Office to see if anything could be done. But this has not yield anything yet.

    Given that the university refuse to contact the Home Office to verify our claim, do you have any idea of how we could prove my partner’s right to study ?

    The caseworker told us that the university was confused because they were treating the case as if my partner was not from the EU or if he had applied after the deadline, in which case he could need a family permit.

    Given the looming deadline (Monday!), we’re rapidly loosing hope. We did everything in time, and contacted everyone we could.

    Thank you for reading through my rambling ! And thank you very much if you can provide us with any insight.

  • #2
    Aron F (lawyer) Would you be able to comment on this?

    This issue was mentioned on Wednesday, during our meeting with the EU Commission and there were also Home Office reps there, but they said pretty much what they are saying they have already done above.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Originally posted by Polo View Post
      Hello everyone.

      my partner and I (registered civil partnership) are in an incredibly stressful situation that seems to make no sense. Let me try to summarise it.

      I have been living in the UK before the end of the transition period. I applied for, and received a pre-settled status without problem. My partner, with whom I am in a registered civil partnership before the end of the transition period, has applied for an EU settlement scheme on1 May 2021, based on our partnership. He is due to start a MA at the UAL here in London on Monday. However, despite our case being straightforward, we are still awaiting a decision by the Home Office.

      The university refuse to enrol him because they believe that he only has a “visitor visa” which only cover 6 months. This is not true. The Home Office has confirmed that he applied for the EU settlement scheme and NOT for a EU family permit. The casework from the HO that we had on the phone was quite clear on that point. She confirmed, repeatedly, that he has the right to study. She also said that he could not apply for any other visa, as they would be rejected outright, because he is already covered by his certificate of application. We did make sure she knew he was not living in the UK before 31/12/20.

      As the university refused to budge, we called the UKCISA. They told us that the university would not enrol him if we couldn’t provide proof of what the Home Office told us over the phone (we did asked the HO for a written proof but the caseworker said that the university should contact them instead).

      I contacted our MP, and his office has been great. They contacted the Home Office to see if anything could be done. But this has not yield anything yet.

      Given that the university refuse to contact the Home Office to verify our claim, do you have any idea of how we could prove my partner’s right to study ?

      The caseworker told us that the university was confused because they were treating the case as if my partner was not from the EU or if he had applied after the deadline, in which case he could need a family permit.

      Given the looming deadline (Monday!), we’re rapidly loosing hope. We did everything in time, and contacted everyone we could.

      Thank you for reading through my rambling ! And thank you very much if you can provide us with any insight.
      Gabriella B (lawyer) Would you be able to comment on this?

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Have you received a CoA? This should confirm right any right to study. The Uni should also contact the UKVI, not sure why they refused to do so. They can use the contact details provided by the UKVI
        educatorshelpdesk@homeoffice.gov.uk - if you’re from an educational institution or you’re a Student sponsor

        I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

        Comment


        • #5
          Hello,

          Thank you for your reply. We kept coming back to it. Now, the Uni no longer dispute his right to study, but they still say he is not entitled to Home Fee…

          It is ridiculous but mainly because of the UKCISA which completely forget this case and provided no guidance for it. So now, we end up in the situation to have to prove either that he lived in the UK before 31/12/2020 or, if he apply based on my right, that he “lived for five years in the UK before 31/12/2020”. Yes, it makes no sense.

          No one at the uni or UKCISA care anyway so we’re giving up. He will not accept the offer.

          Thank you for your help.

          Comment

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