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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a non-EEA national in the UK and currently studying on

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I am a non-EEA national in the UK and currently studying on a student visa. I have been married to an EEA national for about a year now. I'm aware I don't have to do anything, but after a year, I'm now thinking of switching from my study visa to residence card. Can I switch my study visa to residence card?



Is the EEA national exercising treaty rights?


What are they doing?




Customer: replied 4 years ago.

Yes. My spouse lives here with me and works too as a professional. Has bank account here, pays tax, etc.


Thanks for your patience.

Great. Yes, you can apply for a residence card straight away even if you are on a student visa.

In actual fact your right to remain here does not derive from the residence card itself in the same way that you right to remain in the UK on your student visa actually derives from the visa in your passport. Instead your right to remain in the UK derive directly from your marriage to the EEA national.

So, technically there is no legal requirement for you to apply for a residence card:
See “Do you need to apply” on the above link for confirmation.

However it makes good practical sense to apply for it so that there is no doubt that you are legally here. This can be useful to prove to employers, companies, local authorities and other institutions that you may come in to contact with.

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Kind regards,

Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you Thomas. You have helped indeed. Wishing you all the best in your practice.

Thank you.

Good luck.