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Discussion Starter · #1 ·
Hello all,
i'm Italian and i'm going to get married with my south african fiancee.
She has a student visa that will expire end of next year.
I was wondering, once we will be married, does she has any right to get a better visa for uk as married to an UE resident? If so, what are the procedures to follow?
Thanks a lot!
 

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Hello all,
i'm Italian and i'm going to get married with my south african fiancee.
She has a student visa that will expire end of next year.
I was wondering, once we will be married, does she has any right to get a better visa for uk as married to an UE resident? If so, what are the procedures to follow?
Thanks a lot!
She can probably apply for an EEA residence card as spouse of an EU citizen living in UK. Normally she will have to return home to apply for the permit, but having a long-stay (student) visa means she is allowed to apply in-country ('switch').
Provided you are in UK exercising your EU treaty rights (i.e. working), then she applies on form EEA4 for permanent residency. There is no fee for this.
UK Border Agency | Permanent residence (non-EEA or non-Swiss national family members of EEA or Swiss nationals)
 

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Discussion Starter · #3 · (Edited)
Thanks for that.
Do you have any idea about how long will it take for the form to be processed? And will she have the right to work full time without any limitation?
Thanks
 

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Thanks for that.
Do you have any idea about how long will it take for the form to be processed? And will she have the right to work full time without any limitation?
Thanks
Under EU rule, Home Office is supposed to process such applications promptly and without undue delay. But I have heard recently from someone that it has taken her, a Japanese national married to her Portuguese husband, 5 months for the permit to come through in 2009.
Once the permit is through, she can work without restriction. Under student visa valid longer than 6 months, she can only work 20 hours a week in term-time and full time in the holidays.
 
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