Visa Change

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Old Sep 10th 2016, 12:56 am
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Default Visa Change

Hi i have a friend who is a EEA citizen he has an Irish Passport .

His wife and daughter are SA nationals they are currently on tourist visa to the UK .

He has asked me for advise that is there a process that he can apply as an EEA national for hes family to remain in the UK with him.

I am under the impression of Tier 2 Visa or under the Resident Uk Card he can apply But not sure.

Taking in consideration he has been in the UK for 5 months now as a EEA national is he eligible to apply for his family ?

If so what route should he take to apply

Thank you.
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Old Sep 10th 2016, 12:58 am
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Default Re: Visa Change

Welcome to BE.

I have moved your thread over to our UK immigration forum. Someone will mostly likely will be along soon to help you.
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Old Sep 10th 2016, 12:59 am
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Default Re: Visa Change

Thank you
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Old Sep 10th 2016, 1:23 am
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Default Re: Visa Change

Wife and daughter cannot apply for any other visa while in the UK as visitors.

Is he working and living in the UK? If so then they can apply to join him as his dependents - but not from within the UK.

They need to return to SA and then apply from there - or, if he has a home in Ireland go and live there for a few months before applying for entry to the UK.
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Old Sep 10th 2016, 1:30 am
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Default Re: Visa Change

Originally Posted by SanDiegogirl
Wife and daughter cannot apply for any other visa while in the UK as visitors.

Is he working and living in the UK? If so then they can apply to join him as his dependents - but not from within the UK.

They need to return to SA and then apply from there - or, if he has a home in Ireland go and live there for a few months before applying for entry to the UK.
Thank you for your reply. Yes he is working and if they did return back to SA what visa will be the ideal one to apply for?

So in a nutshell for any form of visa change etc the applicants must apply from their native country and not in the UK.
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Old Sep 10th 2016, 1:38 am
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Default Re: Visa Change

Originally Posted by Kazman4244
Thank you for your reply. Yes he is working and if they did return back to SA what visa will be the ideal one to apply for?

So in a nutshell for any form of visa change etc the applicants must apply from their native country and not in the UK.
Yes they must apply from the country where they legally reside.

As he is Irish and living and working in the UK they apply for the EEA Family Permit. This allows family of EU nationals who are exercising their EU rights by working in the UK to join them

https://www.gov.uk/family-permit/overview
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Old Sep 10th 2016, 1:49 am
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Default Re: Visa Change

Originally Posted by SanDiegogirl
Yes they must apply from the country where they legally reside.

As he is Irish and living and working in the UK they apply for the EEA Family Permit. This allows family of EU nationals who are exercising their EU rights by working in the UK to join them

https://www.gov.uk/family-permit/overview
Brilliant i will advise them accordingly. What about the tier 2 visa does that still require applying from country of residence ?
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Old Sep 10th 2016, 5:11 am
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Default Re: Visa Change

Originally Posted by Kazman4244
Brilliant i will advise them accordingly. What about the tier 2 visa does that still require applying from country of residence ?
Does the husband have a Tier 2 visa himself?

If not, then they cannot get a Tier 2 dependent visa

Last edited by SanDiegogirl; Sep 10th 2016 at 5:18 am.
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Old Sep 11th 2016, 10:05 pm
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Default Re: Visa Change

More information required to give you a complete answer. How did your friend become an Irish citizen? Where was he born? Does he hold any other citizenship? Does his wife and daughter hold any other citizenship? His daughter is likely eligible for Irish citizenship if he was an Irish citizen at the time of her birth.

If he is residing in the UK on his Irish passport then he won't need any other type of UK visa including Tier 2. Is his wife and daughter definitely in the UK on visitor visas or EEA Family Permits?
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