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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, I want to know what can I do. I am Italian, but I currently

Resolved Question:

Hello, I want to know what can I do. I am Italian, but I currently living and working in London, I make 46,000 pounds per year, the thing is that my fiancé is from Dominican Republic and she is currently here on a tourist visa, but she also have a 2 years European visa. We want to get married so she can work here and stay permanently with me. What can we do? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question.

Could you confirm if she is able to work in the uk on a tourist visa?
Is she not able to return to her home country marry you and then return to the uk?

Kind regards
Customer: replied 3 years ago.
She is not able to work on a tourist visa.
Customer: replied 3 years ago.
On tourists visa it is impossible to work in a foreign country.
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Firstly she should not be working in the uk as this could effect any future application to the home office, if she is working she should stop immediately as she is in breach of her visa by working. On a visitors visa she is also unable to marry in the uk as this would be a breach of her visa conditions. A visitors visa is only for tourism it is not for a person to come to the UK to work.

Therefore the simplest way for her to enter the and stay her permanently is for her to return to her home country. Once she is in her home country she can either:

1. apply for a marriage visitors visa to enter the uk and marry you, please see the following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/

She would then return to her home country and submit an application for an eea family permit and return to the UK.

2. You return to her home country and marry her, she can then apply for a eea family permit for the uk and arrived her as your partner allowing her to work and settle in the uk. Please see following link :

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

This will be issued for 6 months, once she is in the uk she can then apply for an eea resident permit please see the following link :

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

She would apply using the form EEA2, her visa will be issued for 5 years after which she will be eligible for permanent residency.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.
Can we get marry in Italy and then do the process from there?
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes but on the basis if she has an Italian residence permit, this is because the applicant (your fiancé ) must be a resident in the country in which she is submitting the application for an eea family permit.

I hope this answers your question.

Kind regards
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