EEA family residence card transfer FLR (M) ??

uk868 · Post by **uk868** » Sun Oct 21, 2007 12:22 am

This is very annoying, please help:

I have got 5 years EEA family member residence card.
Can I start to apply 2-year marriage visa under UK immigration law, in order to speed up the process in getting permenant residet?

please advise

Thanks in advance[/b]

Docterror · Post by **Docterror** » Sun Oct 21, 2007 3:04 am

It depends. Is your EEA family member an ILR holder or a BC? Are you ready to head back to your country to obtain the spouse visa? How long have you been on the Residence Card?

sakura · Post by **sakura** » Sun Oct 21, 2007 10:45 am

uk868 wrote:This is very annoying, please help:

I have got 5 years EEA family member residence card.
Can I start to apply 2-year marriage visa under UK immigration law, in order to speed up the process in getting permenant residet?

please advise

Thanks in advance[/b]

How long has your spouse lived in the UK? Include all details (e.g. studying, working, etc). How long have you lived in the UK, and what countries are you both from (this question is VERY important, so please answer!).

uk868 · Post by **uk868** » Wed Oct 24, 2007 9:01 pm

Response:
Hi Sakura,
thanks for your reply.
my spouse lived in uk for more than 8 years. he just got indefinite remain in Sep this year. He is from France. He came for study, then work.
i'm Chinese. been in UK for over 5 1/2 years. was on student visa for 3 years, then working visa (work permit) until now. I still have working visa which valid March 2010. However, I took advice from a solicitor applying EEA family member residence card. I got it this Sep too. so, it has been one month since I got the residence card.
Hope this answer your qustions, please advice further

many thanks

uk868 · Post by **uk868** » Wed Oct 24, 2007 9:04 pm

Hi Docterror

Thanks for your reply too.

My partner has ILR. I am thinking to apply here in home office instead of going back because my work. I got my residence card early October by post, however, on the endorsement, it's issued on end of September.

Many thanks..please advice

Docterror · Post by **Docterror** » Wed Oct 24, 2007 9:43 pm

You cannot make an in-country switch from the EEA route on the Residence Card to the spouse visa. You will have to go back to your country to make the application from there.

Just so that I can calculate when your 5 years starts towards the PR, when did you get married? Had you been living with your EEA partner prior to the marriage and if so for how long?

uk868 · Post by **uk868** » Wed Oct 24, 2007 10:26 pm

Hi Jabi,
I heard that I may can try to apply spouse visa in UK, however, it really depends on the visa officer I meet on the day. So, as you suggest, if I go back to China to apply, is it definite pass or it has chance to be refused?

We got married Nov 2006(registered Civil partnership in UK), we been living together nearly two years.
thanks

sakura · Post by **sakura** » Wed Oct 24, 2007 11:36 pm

uk868 wrote:Hi Jabi,
I heard that I may can try to apply spouse visa in UK, however, it really depends on the visa officer I meet on the day. So, as you suggest, if I go back to China to apply, is it definite pass or it has chance to be refused?

We got married Nov 2006(registered Civil partnership in UK), we been living together nearly two years.
thanks

Are you a same-sex couple?

Docterror · Post by **Docterror** » Thu Oct 25, 2007 12:20 am

I heard that I may can try to apply spouse visa in UK, however, it really depends on the visa officer I meet on the day.

I am sorry that this particular bit of information is not true at all. There is a strict no switching policy from the EU route to the UK route. You may try so at the risk of an application fees if you choose to do so, but I highly doubt that you will succeed.

So, as you suggest, if I go back to China to apply, is it definite pass or it has chance to be refused

I do not suggest that you go to China. In fact I would suggest that you continue on this route itself as the 5 years for your Permanent Residence PR/ILR started from the time you got married,ie- November and so you have only 4 more years to go. Also PR is free while ILR on the spouse visa will cost you an arm and a leg or alteast half of it depending on your income.

The Civil Partner visa application will not be a definite pass, and as with any other visa, you will have to prove your eligibilty for it. But the Civil Partnership Certificate and the rest of the proof should add heavily for your application.

Now, when you say you have been together for 2 years, do you mean 2 years before registering the partnership? If so, here is a not-such-a-long shot in case you are interested. Since you are civil partners and you have been in a relationship for 2 years prior to registering the partnership, it is way before December 2005. Why is this important? If you can prove that you were partners and were not able to register the partnership because the Civil Partnership Act did not come into effect till December 2005, if you can get a good lawyer to argue the case, you should be able to get the PR in 2 more years time... about the same time as you will get the ILR on the UK route. No one I know has tried it before, but it is worth a shot. What do you have to lose? The application is free and legally you do have a leg to stand on.

uk868 · Post by **uk868** » Fri Oct 26, 2007 12:36 am

Hi Jabi,

Thanks for your frank opinion.

there're so many sources, however, no many are descent.

I was on working visa, and would be getting PR in 3 years time. Then I took wrong advice, swithced it to 5 years EEA family card. Means I have to start another 5 years. That's why I feel guttered and want to speed it up.

I think I would like to take your advise to follow the EU route. However, I need to ask you two more things:

1). you mentioned the 5-years starts count from the date we got married. But my partner got his PR the same time as i got my EEA family card, which is this September. Does it make any difference?

2). If my parents from China want to visit me, just a short visit, what kind of application do they need to apply for?

Looking forward to hearing your reply.

thanks a lot

Docterror · Post by **Docterror** » Fri Oct 26, 2007 1:21 am

you mentioned the 5-years starts count from the date we got married.

OK, now I am confused and will have to ask the question that sakura asked before. Are you married or are you in a civil partnership?

Using your own numbering to answer:-

1) The fact that your EEA partner got the PR does not change much as the only thing that it allows you to do is to apply for the spouse visa and an earlier ILR. Now is he planning on getting naturalised as a British citizen? If so, you could apply for becoming British yourself the very next day using a method deviced by a late Moderator of this board. Search for the 'ppron method' to understand this better.

2) Your family can apply for the 'EEA family permit' if they are economically dependant on you or your partner. If they are not, then they will have to apply for the family 'Visit Visa'.

sakura · Post by **sakura** » Fri Oct 26, 2007 12:16 pm

uk868 wrote:Response:
Hi Sakura,
thanks for your reply.
my spouse lived in uk for more than 8 years. he just got indefinite remain in Sep this year. He is from France. He came for study, then work.
i'm Chinese. been in UK for over 5 1/2 years. was on student visa for 3 years, then working visa (work permit) until now. I still have working visa which valid March 2010. However, I took advice from a solicitor applying EEA family member residence card. I got it this Sep too. so, it has been one month since I got the residence card.
Hope this answer your qustions, please advice further

many thanks

By the way, your working visa (work permit) is now nullified, because you have the EEA family permit. Do bear that in mind in any decision you take.

uk868 · Post by **uk868** » Tue Oct 30, 2007 6:25 pm

sakura Posted: Fri Oct 26, 2007 11:16 am Post subject:

By the way, your working visa (work permit) is now nullified, because you have the EEA family permit. Do bear that in mind in any decision you take.

Hi Sakura

I understand my working visa is nullified. for instance, if my civil partnership broken, we seperated, can I get back to previous working visa again? If I still work for the same company who applied work permit for me before, should I ask them to re-apply?

Thanks

uk868 · Post by **uk868** » Tue Oct 30, 2007 6:28 pm

Docterror Posted: Fri Oct 26, 2007 12:21 am Post subject:

--------------------------------------------------------------------------------

Quote:
you mentioned the 5-years starts count from the date we got married.

OK, now I am confused and will have to ask the question that sakura asked before. Are you married or are you in a civil partnership?

Hi Jabi,

Sorry for mistake. I'm in cilvil partnership, not marriage.
But thanks for your previous advice. I will have a look at that section.

Kind regards

uk868 · Post by **uk868** » Tue Oct 30, 2007 7:20 pm

Re: Ppron Methods

Hi Jabi

Had a look at thoese links of this Ppron method.

My partner is going to apply British Citizen one year later (we believe after ILR you need to wait one year before apply Citizen). So, after he got it, I can start to use this method. I have one doubt, shall I choose any nearby country British Embassy to apply? doesn't matter which one? I'm a Chinese national, does that mean I have to only apply in Brisish Embassy in china although I am resident in UK? Please indicate. many thanks

thsths · Post by **thsths** » Tue Oct 30, 2007 10:32 pm

uk868 wrote:My partner is going to apply British Citizen one year later (we believe after ILR you need to wait one year before apply Citizen). So, after he got it, I can start to use this method.

Just one observation from my side: under European law, residence and permanent residence a rights that you acquire automatically as soon the requirements are met. So the year started 5 years after he came to the UK. So it is possible that he can apply for citizenship now. Also your 5 years to PR start counting when you got together, not with the civil union, and not with the certificate.

As for ppron, others may have more experience with it, but I understand that you can do it anywhere outside of the UK. France might be a good place.

Docterror · Post by **Docterror** » Wed Oct 31, 2007 12:16 am

Even though your partner just obtained the ILR/PR, as pointed out, he effectively obtained the PR after 5 years of exercising the treaty rights or on 30.04.2006 which ever is later. So, if he has been here for the past 8 years, he has technically held his PR for more than a year and can apply for the BC as soon as...today!

You do not have to use the British Embassy in China for the naturalising using the 'ppron method'. Infact, the best British Embassy to apply using the method would be the one in Ireland as they are already aware of such applications and should be relatively easy to convince. Being a Chinese national, you will however have to apply for a Irish visit visa to make the application there.

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EEA family residence card transfer FLR (M) ??

EEA family residence card transfer FLR (M) ??

Re: EEA family residence card transfer FLR (M) ??