Residency

I dont know much about what the PBS system is but in my opinion if its not one of the statuses in the exemption list then 3 years applies. K

I don't think there's a problem with dependants who happen to be a dependant of someone on a student visa vs other dependants? So, three year residency would apply as it would with any other working visa?

 

I think its okay as long as the learners spouse  doesn't have a Tier 4, which should be obvious hopefully by the spouses doc's

But why does their spouse being Tier 4 matter? Both AEB and App rules say:

are a family member of a person granted a Student visa, have been given immigration permission to stay in the UK and have not been ordinarily resident in the UK for the previous three years on the first day of learning;

so as long as they're been here three years, it's fine.

Its my understanding that learners with a tier 4 student visa are not eligible which I was told included their spouse. Guess I better re read the rules

Thank you both, that's really helpful. I actually interpreted the funding rules incorrectly (or didn't read properly) the section other non-UK nationals, they only have to meet one of the criteria, so this scenario can be under non-UK national, which makes much more sense!