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You can apply under the EU settlement scheme. You may face future accusations of lying to an immigration officer when you entered the UK. If she works regularly and earns enough to pay national insurance, and is not paid huge amounts for very little work, you should on arrival in the UK have asked for entry under an EEA regulations stamp as you were coming to join your wife who is a 'qualified person' under the EEA regulations.Ibrahim122 wrote: ↑Tue Feb 25, 2020 1:32 amI am non-eu, I used to live in UK for 2 years (2017 % 2018)as a full time post-graduate student. I am now married to an EEA national; she lives, works and studies in UK.
iwolga wrote: ↑Tue Feb 25, 2020 9:56 pmYou can’t move from visits visa to any kind of immigration visa from within the UK.
Standard option is to apply from your home country/country where you reside for an immigration type of visa. EU Family permit or EEA family permit (more or less the same). It is only valid for 6 months BUT unlike visit visas gives you correct immigration status: allows you to make further immigration applications from within UK, open bank account, get access to NHS, counts towards your settled status.
I wonder how?lisa1933 wrote: ↑Tue Feb 25, 2020 10:35 pmiwolga wrote: ↑Tue Feb 25, 2020 9:56 pmYou can’t move from visits visa to any kind of immigration visa from within the UK.
Standard option is to apply from your home country/country where you reside for an immigration type of visa. EU Family permit or EEA family permit (more or less the same). It is only valid for 6 months BUT unlike visit visas gives you correct immigration status: allows you to make further immigration applications from within UK, open bank account, get access to NHS, counts towards your settled status.
While this is not the most common route, I know a number of people who got a residence card from a visitor visa from within the UK.
Most common example I have in my circle is switching from visitor to RC as a fam member. Worked for a couple of people.iwolga wrote: ↑Tue Feb 25, 2020 10:37 pmI wonder how?lisa1933 wrote: ↑Tue Feb 25, 2020 10:35 pmiwolga wrote: ↑Tue Feb 25, 2020 9:56 pmYou can’t move from visits visa to any kind of immigration visa from within the UK.
Standard option is to apply from your home country/country where you reside for an immigration type of visa. EU Family permit or EEA family permit (more or less the same). It is only valid for 6 months BUT unlike visit visas gives you correct immigration status: allows you to make further immigration applications from within UK, open bank account, get access to NHS, counts towards your settled status.
While this is not the most common route, I know a number of people who got a residence card from a visitor visa from within the UK.
Hello Lisa1933,lisa1933 wrote: ↑Tue Feb 25, 2020 11:15 pmMost common example I have in my circle is switching from visitor to RC as a fam member. Worked for a couple of people.iwolga wrote: ↑Tue Feb 25, 2020 10:37 pmI wonder how?lisa1933 wrote: ↑Tue Feb 25, 2020 10:35 pmiwolga wrote: ↑Tue Feb 25, 2020 9:56 pmYou can’t move from visits visa to any kind of immigration visa from within the UK.
Standard option is to apply from your home country/country where you reside for an immigration type of visa. EU Family permit or EEA family permit (more or less the same). It is only valid for 6 months BUT unlike visit visas gives you correct immigration status: allows you to make further immigration applications from within UK, open bank account, get access to NHS, counts towards your settled status.
While this is not the most common route, I know a number of people who got a residence card from a visitor visa from within the UK.
Yes, I do know them. But they all went to a migration lawyer before doing so, which I would do in an unclear case as well.Ibrahim122 wrote: ↑Wed Feb 26, 2020 7:56 amHello Lisa1933,
Do you know these people personally? Is there any solid statement on the home office website that could support this route?
I am also concerned that if they refuse my application, will they cancel my current Visa too?
Appreciate your help,
Best!
The Home Office is never going to publish a statement indicating that holders of visitor visas can switch to anything withing the UK.Is there any solid statement on the home office website that could support this route?
The restrictions on switching visa are given in the section of the Immigration Rules pertaining to the visa being switched to. There are no such restrictions in the Appendix EU, so we have found an exception.
I'd wager the OP met his wife while he was studying in the UK, so this case already diverges from the pattern.Zerubbabel wrote: ↑Wed Feb 26, 2020 10:25 amAlso, not your fault, but there have been a long string of abuse involving the triangle Egypt - Eastern EEA countries and the UK. I mean EEA ladies met on touristic resorts, marry (often for money) Egyptians already married in Egypt, for the sole purpose of allowing them to come to the UK using EEA routes.
I am not implying your relationship is of this nature. But it is within a known pattern and any Caseworker would look at it very very carefully. It is not to the Caseworker to demonstrate that the relationship is not genuine. The burden of proof lies on your shoulders: it's up to you to prove that the relationship is genuine.
In theory, yes. In practice I don’t understand the very idea: there’s a very straightforward route from home country and there’s a potentially stressful and halfway good route in the UK. So why putting himself into this? Why not making things just normal?
Zerubbabel wrote: ↑Wed Feb 26, 2020 10:25 amThank you so much for your reply and I totally understand what you mean! am just assuming my travel history to UK wouldnt put me in the doubt of lying to the ECO. Having studied for 2 years in UK, then using the 2 years visa for almost 6 other entries along with 5 two ways trips within Europe using a valid Schengen Visa.This means, if you start your history with UK by lying to an ECO at Heathrow, you are going to help the Home Office in building a strong refusal case against you. They will doubt your credibility and the credibility of your partner.
Never ever under any circumstances lie to immigration authorities in the UK. Once you do, you can't take it back and they have more than enough resources to make you regret it.
Follow the normal process and apply within Egypt and expect the relationship to be questioned.
iwolga wrote: ↑Thu Feb 27, 2020 5:57 pmTo be honest, I feel like if my EUSS family permit application gets refused when I apply from Egypt, the home office will also cancel my current visitor Visa. I know this hasnt got to do anything with my initial concern but I feel like applying from UK is more approachable. I am also thinking of asking tobtalk to an immigration advisor when I arrive at Manchester Airport and mention my situation and see my options. So on one hand I wouldnt lie to the ECO and on other hand I would get proper suggestion from the authorized person (ECO). just a thought
I've just discovered to my surprise that the EEA Regulations stamp route (a.k.a. code 1A) route has now gone - bang goes the interactive approach.
Like most things in life, decisions come with consequences. One need to be careful with HO as they can turn things against you in a blink of an eye.Richard W wrote: ↑Thu Feb 27, 2020 7:21 pmI've just discovered to my surprise that the EEA Regulations stamp route (a.k.a. code 1A) route has now gone - bang goes the interactive approach.
That leaves waiting for the decision on the application with his wife and waiting on his own. I think waiting on one's own is more stressful, especially as it is likely to lead to the calculation of the visit visa.
There's a similar situation in the opening post of EU settlement scheme Surinder Singh in Germany or UK. There, the EU settlement call centre has actually recommended moving from Germany to the UK using a tourist visa, and then applying for a residence card. I appreciate that the advice from call centres should not be trusted.
No it hasn't. I was wrong. I misread 'exit day' in S.I. 2019/1383 as meaning 'exit day' (31/1/20). However, Section 1 of Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 changed the meaning of 'exit day' from 'exit day' to 'Implementation Phase completion day', 31/12/20. That is now when the 'code 1A' method of avoiding a family permit will disappear.
Read the forum rule about multiple topics!!!
And it helps us ask "Are you married or not married"?
Ibrahim122 wrote: ↑Tue Feb 25, 2020 1:32 amWe got married in her home country (Lithuania) and we have a sufficient relationship history of 2 years.
Ibrahim122 wrote: ↑Sun May 10, 2020 12:42 pmNow I cannot go back home, I cannot work and I cannot get married in UK. is there anyway I can switch my visa from inside UK or marry my EU fiancee in UK?