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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can you tell me the criteria for someone applying for a

Resolved Question:

Hi can you tell me the criteria for someone applying for a family visa to the UK from an EU state where the person applying has right to remain in the EU state (not UK) ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Is the person applying in a relationship with an eea national? If so what is there relationship to them?

Tom

Customer: replied 1 year ago.
Hi,She is the sister of a UK resident only.Michael
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

A non-EEA national may apply for a visit visa from another country provided that they have the right to stay in the other country and have treated it as the country in which they are ordinarily resident (ie. The country in which they normally live and which they are legally allowed to live in).

The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-

· You want to visit the UK for no more than six months;

· You intend to leave the UK at the end of your visit;

· You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay. Things like a letter from his employer stating she has a job (if she does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available and evidence of other responsibilities that she has which will continue after the visit.

If someone will assist her during the intended stay you should ask them to go to a local solicitor to draft a sponsorship declaration in which they state the terms of his visit, that the visitor is to return at the end of and that the person assisting shall accommodate the visitor and shall pay the costs of any unforeseen expenses that should occur during the stay so that nether person will need to access public funds.

This should cost around £50+vat and you can find immigration solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Hi Tom,It is not a visit visa it is a two year working visa. She has permanent right to remain in Italy. I need to know the criteria for this type of visa not a visit (holiday) visa.
Expert:  Thomas replied 1 year ago.

Hi,

Sorry, are you saying that she is applying for a two year work visa to work in the UK?

If so, what has she said the visa is called please?

Tom

Customer: replied 1 year ago.
Hi Tom,Sorry I don't know what it is called she is applying under her sister family sponsorship her sister is a UK citizen.
Expert:  Thomas replied 1 year ago.

Hi,

Can you find out from her please because it's not at all clear from the information you have given me what type of visa she is applying for?

Customer: replied 1 year ago.
Hi,That is going to be difficult. If you can tell me how many choices of two year visa's are there for people coming to UK who have permanent right to remain in another European Union Country (Italy in this case). Perhaps I can direct you to the relevant one ?
Expert:  Thomas replied 1 year ago.

Hi,

There are none, that is why I'm asking..

Customer: replied 1 year ago.
Ah I see that's very interesting. ThanksSo for someone in the position described how can they stay in UK and get work ?
Expert:  Thomas replied 1 year ago.

Hi,

If she is able to naturalise as an Italian citizen then this would probalby be the best thing to do, once naturalised she would be able to travel to the UK under her Italian passport and work straight away. I would investigate this with an italian lawyer first.

Assuming she doesn't have access to £200, 000gbp for investment in to a UK business or is already employed with am employer who wanted to move her job to the UK, then she would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions:. You will have to see if there is a job that she could do in the UK on the shortage occupation list:-

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf

If her job is not on this list then this means that an employer would have to offer her job and then apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that there are no resident/eea national in the locality that can perform the role role,.

You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-

https://www.gov.uk/tier-2-general/eligibility

If she is able to secure a job offer for tier 2 purposes from an employer licensed to sponsor tier 2 migrants then she can apply under this visa category and then apply for indefinite leave to remain after 5 years. However, she would have to make the application from the united states and could not make the applicaiton from within the UK whilst on a visit visa.

Please remember to leave feedback using the stars at the top of the page.

Kind regards

Tom

Customer: replied 1 year ago.
Hi Tom,Thanks for all that. Two final questions..If she were to travel to the UK under a visit visa am I correct in thinking the visa last only for 6 months ?And also can you tell me after one visit visa has expired and she has returned to Italy where she has permanent right to remain when can she apply for the next one immediately or does she have to wait for some cooling down period before re-applying?
Expert:  Thomas replied 1 year ago.

Hi,

Generally, yes she can only stay for 6 months and that is the length of the visa that would be granted.

However, if she wanted to she could apply for a long term multi-entry visit visa on either a 1, 2, 5 or 10 year basis. This would allow her to enter the UK as many times as she likes within the visa period but again subject to the requirement that she does not spend more than 6 months in any 12 month period in the UK,

If she visits for 6 months then returns to Italy, she would have to wait a further 6 months until she can apply again.

Please remember to leave feedback

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Tom
Expert:  Thomas replied 1 year ago.

You're welcome