Apply from within UK with a Tourist Visa

[josedasilva]

Hi There,

Me and my girlfriend have come to UK as tourists, but decided to stay a longer time.

I am Hungarian and she is Brazilian.

Is it possible to apply for a EEA Family Permit Visa if we are already in UK?

If not, what would be our alternatives?

I would much appreciate your help.

Thanks,
JDS

[Wanderer]

Do you have 2 years of provable cohabitation either with you or at home?

[splanky]

You can't apply for a family permit in the UK, only from outside the UK. You'd have to apply for an EEA2 residence card if you were already in the UK.

Splanky

[Wanderer]

You can't apply for a family permit in the UK, only from outside the UK. You'd have to apply for an EEA2 residence card if you were already in the UK.

Splanky

I think you can apply in UK, or you certainly could recently, maybe it's changed?

[Jambo]

You are mixing some of the terms.

EEA Family Permit is an entry clreance that allows you to enter the UK. It can only be applied from outside the UK but as you are already in the UK, you don't need it.
What you can apply for is a 5 years Residence Card using form EEA2. The current status / visa doesn't affect the application.

[vinny]

Do you have 2 years of provable cohabitation either with you or at home?

That's important if you want to establish that she is eligible as an extended family member. Also, are you a qualified person?

If she fails after expriry of her visa, then she may be considered an overstayer, since Section 3C is not applicable.

[Amber]

Or get married.

[josedasilva]

wouldn't it be possible to apply from here, but with an abroad address. once the visa is ready, i'd fly to this address, get the permit and come back to uk.

[Wanderer]

wouldn't it be possible to apply from here, but with an abroad address. once the visa is ready, i'd fly to this address, get the permit and come back to uk.

If not married you'd need to prove a durable relationship of 24 months, any other question is redundant at this point.

[splanky]

You couldn't apply from in the UK (for a Family Permit) with an abroad address as you need to have biometrics taken (fingerprints etc), which is only done abroad. You also need to send in your passport with the application, making it difficult to travel until it is returned.

Splanky

[el patron]

wouldn't it be possible to apply from here, but with an abroad address. once the visa is ready, i'd fly to this address, get the permit and come back to uk.

You can do this via the the British Embassy in Dublin, it is a bit of a round-about way to do things, but for some people it is better, particularly as it bypasses the requirement for the EEA national to be a qualified person. You will need strong proof of the durable relationship, but yes it can be done.

My recommendation would be stay put and make the EEA2 application and appeal if refused etc., providing you are a qualified person.