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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Also bear in mind that most of the work is in Dublin, especially in IT, and it's freakishly expensive, on a par with Zurich and that's saying something considering IT work in CH is paid twice that in Dublin and that's still not enough...MPH80 wrote:You can do that today. You don't have to wait for those to succeed or fail as the case may be.
But understand that Singh requires you to move the centre of your life to the new country. You have to be there for at least 6-12 months (no one is quite clear on that) and you'll have to take employment or be fully self sufficient. If you're found to be jetting back to the UK on a regular basis ... or you've kept your house empty to come back to ... etc - that'd be counted against you etc.
Basically they've tightened it up so that you have to show you had the intention of properly living in the other EU country.
It's not to say it's impossible - but it is much tougher than it was. It's also worth noting that the Irish unemployment rate (being the most likely country to choose given the language element) has fallen 1 percentage point over the last 12 months - but still stands at 11.2% - compared to the UK on 6.5%.
If you have genuine reasons for the delay and they accept it then I don't see any reason why FLRM can't be granted even though there is currently no leave to extend. I'm hoping and praying this will be the case.Casa wrote:I agree with MPH80 regarding the discretionary leave. I can't see that an FLR(M) application would have succeeded as there was no valid leave to extend.
The simple truth is that the rules require you to have valid leave at the time of application (or be within 28 days of the expiry of the previous visa).mkhan2525 wrote:If you have genuine reasons for the delay and they accept it then I don't see any reason why FLRM can't be granted even though there is currently no leave to extend. I'm hoping and praying this will be the case.Casa wrote:I agree with MPH80 regarding the discretionary leave. I can't see that an FLR(M) application would have succeeded as there was no valid leave to extend.
Are we able to apply for a new spouse visa whilst she is in the UK?MPH80 wrote:The simple truth is that the rules require you to have valid leave at the time of application (or be within 28 days of the expiry of the previous visa).mkhan2525 wrote:If you have genuine reasons for the delay and they accept it then I don't see any reason why FLRM can't be granted even though there is currently no leave to extend. I'm hoping and praying this will be the case.Casa wrote:I agree with MPH80 regarding the discretionary leave. I can't see that an FLR(M) application would have succeeded as there was no valid leave to extend.
Since you didn't have that - that means your visa application falls outside the rules and into the discretionary leave pool.
This is precisely why discretionary leave exists - for circumstances like this - but it is a different path to settlement.
Why would you think she'd get DL?mkhan2525 wrote:If say my wife was granted discretionary leave would we then be able to apply for spouse visa?
I was looking into what circumstances they grant DL and medical reasons were mentioned on there therefore its likely. I'm still hoping they grant FLRM as we had exceptional circumstances for applying late and I did mention it in a covering letter when I submitted the application. It seems to me who over made the decision to refuse saw that the application was out of time and decided to refuse purely on that basis. The medical evidence we have is just to prove that we have insurmountable obstacles in case they refuse again when they come to reconsidering our case.Wanderer wrote:Why would you think she'd get DL?mkhan2525 wrote:If say my wife was granted discretionary leave would we then be able to apply for spouse visa?
Somebody did challenge it and and wrote to the EU commission who wrote a letter back to them saying it was unlawful and not compatible with EU law and that they are starting infringement proceedings against UK. People who are effected by this may be able to use that letter on free movement website when challenging their case.Casa wrote:Have we evidence that it has been successfully challenged?
There is a Court of Justice decision called OB, which is wholly inconsistent with "Centre of Life" test.Casa wrote:Have we evidence that it has been successfully challenged?