Applying for EEA2 with type C VISA as business visitor

[kaiyu]

Hi everyone, I have been struggling trying to find a way to let my non-EU partner live in the UK with me.
I am Italian and I have been working in the UK with full time job since October 2014. My partner is Chinese and she has got a type C VISA which is due to expire in September 2015. She will come in the UK in July (one way flight from China, to settle here) and we will apply for the EEA2. I have many many questions, if you could please give me an answer to these doubts of mine, I would really appreciate it:

- Can she apply for the EEA2 residence card with a type C VISA once landed in the UK?
- We have proof of living together starting only from the 1st of May 2015 (she came in the UK to sign up for utilities and tenancy), will this lack of 2 years requirement result in a sure deny of RC?
- In case of deny, how long will she be allowed to stay in the UK before being forced to leaving the country?
- Can we apply again for EEA2 (no variation in the supporting documents) right after being denied?
- Applying for EEA1 together with EEA2, would be helpfull?
- Can she apply for student visa instead of EEA2 within the UK?

In the worst case I have got to marry her

[PrestonLancs]

Can she apply for the EEA2 residence card with a type C VISA once landed in the UK?
Yes

- We have proof of living together starting only from the 1st of May 2015 (she came in the UK to sign up for utilities and tenancy), will this lack of 2 years requirement result in a sure deny of RC?
She will be denied RC 101%.

- In case of deny, how long will she be allowed to stay in the UK before being forced to leaving the country?
Not sure how many days, but after denying RC, they will hold her passport. Her visit visa will be cancelled, and soon after she will be put back on a plane back home.

- Can we apply again for EEA2 (no variation in the supporting documents) right after being denied?
You can keep applying every day. But after the initial refusal, they will put her back on plane. Any further RC appplications won't stop them doing that.

- Applying for EEA1 together with EEA2, would be helpfull?
No.

- Can she apply for student visa instead of EEA2 within the UK?
No

[chriskv1]

Hi everyone, I have been struggling trying to find a way to let my non-EU partner live in the UK with me.
I am Italian and I have been working in the UK with full time job since October 2014. My partner is Chinese and she has got a type C VISA which is due to expire in September 2015. She will come in the UK in July (one way flight from China, to settle here) and we will apply for the EEA2. I have many many questions, if you could please give me an answer to these doubts of mine, I would really appreciate it:

- Can she apply for the EEA2 residence card with a type C VISA once landed in the UK?

Yes
- We have proof of living together starting only from the 1st of May 2015 (she came in the UK to sign up for utilities and tenancy), will this lack of 2 years requirement result in a sure deny of RC?
How long has she been your partner for ? Its a hard case .
- In case of deny, how long will she be allowed to stay in the UK before being forced to leaving the country?

If she doesnt post an appeal she can be removed asap.

- Can we apply again for EEA2 (no variation in the supporting documents) right after being denied?
Yes , if you want to be rejected again. Quite stupid if you do. no offence
- Applying for EEA1 together with EEA2, would be helpfull?

Wouldn't benefit the EEA2 application in your case

- Can she apply for student visa instead of EEA2 within the UK?

No

In the worst case I have got to marry her

Yes , But marrying in the UK now atm is hard , As all marriage notices will be submitted to HO for approval. So marry her in her country and come back here

[CR001]

She will come in the UK in July (one way flight from China, to settle here)

What do you mean by a type C visa? If this is a standard UK visit visa, she will have a problem getting through immigration clearance coming in on a visit visa with only a one way ticket as it is clear to immigration that she is not a genuine visitor.

[vinny]

Also not advisable for her to marry in the UK on her current visa.

[kaiyu]

Can she apply for the EEA2 residence card with a type C VISA once landed in the UK?
Yes

- We have proof of living together starting only from the 1st of May 2015 (she came in the UK to sign up for utilities and tenancy), will this lack of 2 years requirement result in a sure deny of RC?
She will be denied RC 101%.

- In case of deny, how long will she be allowed to stay in the UK before being forced to leaving the country?
Not sure how many days, but after denying RC, they will hold her passport. Her visit visa will be cancelled, and soon after she will be put back on a plane back home.

- Can we apply again for EEA2 (no variation in the supporting documents) right after being denied?
You can keep applying every day. But after the initial refusal, they will put her back on plane. Any further RC appplications won't stop them doing that.

- Applying for EEA1 together with EEA2, would be helpfull?
No.

- Can she apply for student visa instead of EEA2 within the UK?
No

Hi! Thank you all for answering me. If holding passport in case of deny is the rule, I will then claim the passport back as soon as possible, of course not to let her overstay in the UK, is my first concern to make her staying legally. My idea of applying again, is to gain a little time more to stay with her since this application takes at least 1 month.

What do you mean by a type C visa? If this is a standard UK visit visa, she will have a problem getting through immigration clearance coming in on a visit visa with only a one way ticket as it is clear to immigration that she is not a genuine visitor.

type C visa is what is written on the stamp, I went to google it as well. She has also a Schengen visa valid till next year, so she can also take a train to any Schengen country if asked.

How long has she been your partner for ? Its a hard case .

I have met her two years ago in China, and signed on her tenancy angreement as permitted occupant. This is the only proof we can provide since utilities were paid by the landlord

Let's say that I marry her in Italy and get her an italian RC, can she pass the UK board with this document?

Thank you so much for helping me.

[CR001]

What do you mean by a type C visa? If this is a standard UK visit visa, she will have a problem getting through immigration clearance coming in on a visit visa with only a one way ticket as it is clear to immigration that she is not a genuine visitor.

type C visa is what is written on the stamp, I went to google it as well. She has also a Schengen visa valid till next year, so she can also take a train to any Schengen country if asked.

If she is refused entry by the entry clearance officer, likely that she will be returned to China (her country of residence) on the next available flight.

[kaiyu]

What do you mean by a type C visa? If this is a standard UK visit visa, she will have a problem getting through immigration clearance coming in on a visit visa with only a one way ticket as it is clear to immigration that she is not a genuine visitor.

type C visa is what is written on the stamp, I went to google it as well. She has also a Schengen visa valid till next year, so she can also take a train to any Schengen country if asked.

If she is refused entry by the entry clearance officer, likely that she will be returned to China (her country of residence) on the next available flight.

I will keep that in mind. Thank you!