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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
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My sons fiance is Italian and has been here until such time

Customer Question

My son's fiance is Italian and has been here until such time as they get married.
She is under the impression that she can only stay for 3 months in the UK without having to leave the country, is this true?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

EEC nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right.

An EEC national who will be in the UK for more than three months will have a right of residence for as long as they remain a 'qualified person'.

A qualified person is one who is either: a job seeker, worker, self employed or self sufficient person.

Please see below for more detailed information about this from the UK Border :

"Job Seeker - The EEA national must be able to show that they are actively looking for work and produce evidence if so required e.g. job applications, interviews.

Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment, for example, copy of a contract, pay slips.

If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:

  • They are temporarily unable to work as the result of an illness or accident
  • They are involuntarily unemployed and have started vocational training; or
  • They have voluntarily stopped working and started on vocational training related to their previous employment.
  • They were employed for one year or more before becoming unemployed;
  • Theyhave been unemployed for no more than six months; or
  • can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged.
Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person, for example, a copy of business accounts or an accountant's letter.

Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account..."


So, even though your future daughter in law can only intially stay for 3 monthd, she can legally stay longer so long as she places herself within one of the categories mentioned above.

Hope this helps.

Alex

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