Hi, I am from Bangladesh. Recently I married an EU citizen and now my wife is living in Italy. Here she is living with her family and also earning. Her father is an Italian passport holder and also income with them. they are applying for my visa to come to Italy and after coming to Italy we are planning to settle in the UK in the next year 2018 January as I need some papers from Italy. My question is, is that possible that we will get a visa for study in the UK and will get every benefit as my wife is an EU citizen and I am an EU spouse?

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Public Answer: 

Thank you for your enquiry.

As a spouse of an EEA national, you can accompany her to the UK after being granted an EEA family permit. If you travel to the UK as the spouse of an EEA national, you may be eligible to study in the UK. You will have to enquire with the relevant educational institution in the UK to enquire about fees. 

If you want to travel to the UK in your own right, you will have to apply for a visa under the Tier 4 visa category. The requirements for a Student Visa under Tier 4 are detailed within the immigration rules and we can advise you as to the merits should you wish to explore this option. It is important that you apply to study at institutions which have a sponsorship licence to allow overseas students to study with them. 

With regard to your wife's activities in the UK, she must demonstrate that she is excercising her treaty rights in the UK i.e. working, self-employed or self-sufficiency. She cannot primarily rely on state benefits as this will be held against her by the Home Office. 

Someone will be in touch with you shortly to see how we can help you further.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.

We look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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