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Thomas
Thomas, Lawyer
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My friend is peruvian, she is resident in Italy and holds a

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My friend is peruvian, she is resident in Italy and holds a working permit in Italy.
she is going to purchase a flat in london, she has obtained a 1year business visa for the Uk.
Her daughter and her niece are coming to live in the UK, and are student age (10 and 12 years old). She is going to travel between the two countries ( Italy and UK ) for work, and her mum aged 80 is coming to stay with the children.
She holds a visitor visa.
What kind of visa do the two teenagers ( one almost a teenager) do require?
She thought of asking for a visitor visa,or is it better a student visa (tier 4 students) ?
I am not sure they can attend school/college /further education in the UK under visitors visa, and I be,eve we do not know enough about it.
Thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Can youtube find a bit more details about the visa she has been granted. Is it a business visitors visa granted for 1 year?

Are you saying that the children study in the uk for period of 1 year?

Tom
Customer: replied 1 year ago.
Hi Tom, tank you for your reply.
My friend has a business visa for 1year, and she believes the children's one is subject to her.

The children have not started yet education In this country as they are NOT in this country yet!
Se is here just for a short period in order to purchase a flat, she has already applied for school for the children but she will receive an answer following the purchase of the flat as acceptance at school depends also on the address.

Our quirky was about what kind of visa do the children require in order to enter to study and live in the UK? They are coming in as visitors but then they will be the children of a property owner in this country, therefore I believe the visitors visa is not appropriate
Expert:  Thomas replied 1 year ago.
Hi,

I have a short meeting now I'm afraid. I will be able to answer in about 25 mins.

Thanks for your patience.

Tom
Expert:  Thomas replied 1 year ago.
Hi,

Sorry, I'm afriad that I need some more information.

I need clarification on what type or "business visa" she has. Is it a business visitor's visa, here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/business/apply/

Or another type of visa, please specify if so.

It's very difficult to answer without this informaiton.

Please also state what nationality of the daughter and niece and (if the your friend mother is also coming to stay) what her nationality is as well..

Tom
Customer: replied 1 year ago.
Hi Tom, thank you, XXXXX XXXXX has a business visitor visa for 1 year

Her daughter is Peruvian national the same applies to her niece, and the three of them hold an Italian identity card as italian residents
Expert:  Thomas replied 1 year ago.
Hi,

An italian identity card is only issued to Italian citizens. It looks like this: http://en.wikipedia.org/wiki/Identity_document#Italy

Is this what they have?

You have said "three of them hold an Italian identity card as italian residents", which three are you referring to?

Tom
Customer: replied 1 year ago.
Hi Thomas. No, the italian identity card is not issued only to Italian citizens but to all those people who have been granted with residentship in Italy , it is the equivalent of CARTE DE SEJOUR in France, but I am not sure you are familiar with it.
They are Peruvian nationals they hold a Peruvian passport but because they have been granted residentship in Italy where they live,work and study they hold an identity card.

Identity card is compulsory in Italy, if you don t have it it means you don t have the right to reside there!
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Ok, if it is not the national identity card that I referred to in my previous post then it’s simply a residence permit confirming (as you say) that they have the right to reside where they do. This does not change their immigration status in the UK in the same way that a national identity card would. This means that they would be regarded as Peruvian citizens for UK visa purposes.

If she has applied for a business visitor’s visa and she has obtained one for 12 months then I would assume that (as she is not an academic visitor) that it would be subject to not spending more than 6 months in the UK without the 12 month period and that it is effectively a multi-entry visa (ie. to allow her to go back and forth). As here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/business/requirements/

MY view is that if the children are to be based in the UK during the whole of this time and would attend school then the would have to apply for Child Student visas:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/
You will see the requirements on this page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/can-you-apply/

They must also have suitable care arrangements in place:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/can-youapply/care/

If it is the case that the grandmother would look after them during this time then she would also have to submit an application for a visa. However, there is no apparent category for this. I suppose that it would be a discretionary application because she would not be regarded as a visitor’ since her primary reason for being in the uK would be to care for the children, because only parents of children under 12 are permitted to apply to come as the parent of a child on a child student visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/family/#

The situation is not one which easily fits the immigration visa categories, frankly. There is also the additional complication of the niece, which would require the consent of her parents to the arrangements put in place.

I really think you need to instruct a UK immigration solicitor to make the applications for you because it’s not straight forward at all.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6469
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.



Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom

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