How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

I am an Irish citizen Living and working in the UK, Married

Customer Question

I am an Irish citizen Living and working in the UK, Married to an US citizen partner.



After getting married in Pakistan we came to the UK together 3 months ago.

She entered the UK as Visitor (6 months visitor visa stamped at the Airport).

I have looked into EEA Family permit but that requires applying from outside the UK

By working in the UK I am exercising my treaty rights

Now I want to know what are our options for her to remain and start working legally in the UK.

In simple we don't want her to go to America or Pakistan instead apply while she is here in the UK as a visitor.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

If you wish for her to remain in the uk, then she would need to apply for an eea resident permit. The eea family permit is for applicant's wishing to join their eea spouse in the uk, this visa is granted for 6 months, but you have bypassed this by your sponsor already being in the uk .

Therefore what she needs to do is apply for am eea resident permit using the following link :

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

She would need to apply using form EEA2. Your need to be aware that ideally she should have entered using an eea family permit and then switched to an eea resident permit thereafter which is issued for 5 years. In this case if she has no option but to apply from inside the UK then she should apply for an eea resident permit.

Please note that the home office may refuse this application simply because she should have applied for an eea family permit. If she was not given an eea family permit upon arrival but given permission to enter the uk as a visitor then, the home office may take the view that she should have entered using the correct visa.

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 rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Thanks for the answer, I would like to know in the case an application is refused what will be the consequences ? Will she need to leave the UK and is there a possibility of a ban ? we don't want to complicate the situation.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

If the application is refused the home office are likely to inform her to return home and submit the application via the proper channels. She wouldn't be banned from the uk. This would only be the case if she overstayed for more than 28 days after her visa application was refused.

If you do not want to take the risk then I suggest she returns to her home country and submits an application from there.

I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
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 rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Kindly rate my answer positively.

Kind regards