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Thread: apply for UK residence when in UK

  1. #1
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    apply for UK residence when in UK

    Hello everyone,

    I have a question and looked for similar questions but drew a blank.

    Currently, my wife, daughter and myself are in the UK. My daughter and I have British citizenship (daughter has dual British-Filipino) but my wife came here on a 2 years visitors visa. We arrived back in July. As some of you know, the visitors visa is limited to a stay of 180 days tops per 12 month period even for longer term visitors visas (even if the immigration officer didn't actually stamp her passport at the airport when we arrived!). We came here because I was offered a rather nice work contract and we don't want to be apart. All well and good.

    However, I've since been offered an even nicer contract that is 5 months long and will move my career to a very high level - it's a dream job. Because of this, we want to stay here for another few months in order to clean up.

    So how can we do this without us having to leave the country?

    1) Extend her visitors visa - I understand this is only done in exceptional circumstances and I doubt our case will be seen as such but if anyone knows any different, we'd love to hear.

    2) Apply for residence when in Britain. Is this possible for a wife on a visitors visa? Again, personal experience or expert knowledge would be welcomed! The Border Agency page mentions that it is possible for people with visas longer than 6 months but we're not sure if my wife's visa qualifies as such: she should (if the immigration officer had been a bit sharper) only have been granted a 6 month stay which says that she cannot apply for residence when in the UK; however, her visa is valid for 2 years which implies that she is. We're just not sure which 'part' of the visa they're referring to.

    I get the impression that she will have to leave the country and apply outside but this is something I want to avoid. I spent some time working away before and I'm sure it affected my 2 year old daughter; and besides it's an expensive and long trip for my wife and daughter to take. I cannot get time off from work or I lose this dream contract but I would rather lose the contract and leave the country with them than have to be apart even just for a couple of months.


  2. #2
    Moderator joebloggs's Avatar
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    I take it you hold Italian citizenship to ? how long have you been living in the uk ?
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    No, British only. The Italian roots go back a *long* way - too long to get Italian citizenship. I also missed out on Irish citizenship (mum didn't register before I was born) and either would have made this question easy. I guess that's one of the very frustrating things I find about current legislation - British citizens have to pay so much and jump through hoops but people from the EEA have it so much easier. It doesn't make sense...

    Been British since birth so lived here since 1969 except for some time in the Phils and New Zealand.


  4. #4
    Member bruneicop's Avatar
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    Quote Originally Posted by Welsh_Italian View Post
    No, British only. The Italian roots go back a *long* way - too long to get Italian citizenship. I also missed out on Irish citizenship (mum didn't register before I was born) and either would have made this question easy. I guess that's one of the very frustrating things I find about current legislation - British citizens have to pay so much and jump through hoops but people from the EEA have it so much easier. It doesn't make sense...

    Been British since birth so lived here since 1969 except for some time in the Phils and New Zealand.
    BUMP...

    How did you get on Welsh_Ialian? I am going to be in the same boat very soon.


  5. #5
    Member bruneicop's Avatar
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    I spoke to the british embassy here in Brunei today and she told me that you CANNOT change the visa to a spouse one when you are in the UK on a family visit visa, such a pain as i was hoping to do this to.


  6. #6
    Respected Member keithAngel's Avatar
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    Quote Originally Posted by Welsh_Italian View Post
    No, British only. The Italian roots go back a *long* way - too long to get Italian citizenship. I also missed out on Irish citizenship (mum didn't register before I was born) and either would have made this question easy. I guess that's one of the very frustrating things I find about current legislation - British citizens have to pay so much and jump through hoops but people from the EEA have it so much easier. It doesn't make sense...

    Been British since birth so lived here since 1969 except for some time in the Phils and New Zealand.
    How long ago?

    Mother - Grandfather - Great Grandfather: Your maternal grandfather was born in your native country, your maternal great grandfather was an Italian citizen at the time of his birth, you were born after January 1st, 1948, and neither you nor your mother nor your grandfather ever renounced your right to Italian citizenship. If citizenship is acquired by birth in your country and you meet all these conditions, you qualify for Italian citizenship jure sanguinis. You must obtain certified copies of the following documents:

    Your maternal great grandfather's birth certificate from Italy.
    Your maternal great grandmother's birth certificate
    Your great grandparents' marriage certificate (If married outside of Italy, you will need an apostille and a translation into Italian.)
    Your maternal great grandfather's certificate of naturalization OR statement of "No Records"
    Your maternal grandfather's birth certificate (with apostille and translation)
    Your maternal grandmother's birth certificate
    Your grandparents' marriage certificate (with apostille and translation)
    Your mother's birth certificate (with apostille and translation)
    Your father's birth certificate

    http://www.italiandualcitizenship.com/id2.htm

    http://www.italiandualcitizenship.com/id3.htm

    http://www.italiandualcitizenship.com/id60.htm

    Your parents' marriage certificate (with apostille and translation)
    Your birth certificate (with apostille and translation)
    Your marriage certificate, if applicable (with apostille and translation)
    Your spouse's birth certificate, if applicable
    Birth certificates for all your children under the age of eighteen, if applicable (with apostille and translation)
    Any applicable divorce decrees/certificates (with apostille and translation)
    Death certificates for anyone listed above (with apostille and translation, if for your mother, grandfather or great grandfather
    Absit invidia

    DISCLAIMER: The information hereinabove may or may not be entirely accurate, relevant, forthright, verifiable, or coherent. KeithAngel, who shall herein be refered to as the 'Shining Beacon of Light', reserves the right to neither confirm, deny, justify, explain, or otherwise acknowledge any inquiry in regards to the validity, genuinity, construction, intent, and/or motive of any statements, gestures, and/or actions whether real, imagined, or transdimensional in origin. Further, the 'Shining Beacon of Light' shall be absolved of any and all legal, moral, and financial responsibilities for damages to life, limb, character, reputation, property, and/or business resulting from the usage, assimilation, incorporation, replication, and/or distribution of said statements whether partial, complete, misquoted, or imagined. This disclaimer remains in effect despite any discrepancies or claims as to its legibility, comprehension, interpretation, subliminal suggestiveness, political affiliation, legality, visibility, and/or physical presence


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