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Which form SET(M) or FLR(M) or FLR(O)

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Richard68
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Which form SET(M) or FLR(M) or FLR(O)

Post by Richard68 » Thu Nov 19, 2015 8:54 pm

I'm unsure which form I need to fill out next either FLR (M,FP,O) or SET(M,O).

My previous application was under EEA, 2011. British husband had worked in Europe.
The application was denied but we appealed and the judge allowed the appeal on article 8. Right to family life. The processing of my residence card took a further year- after several inquiries and complaints.
So June 2013 I was given 30 months biometric card which runs out this December. On the card it just says 'leave to remain' and 'no recourse to public funds'
Since then we have had 2 children. My question is:
Since my last application was before July 2012. Which form should I be filling up next.

Any assistance or advice would be much appreciated.

geriatrix
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by geriatrix » Tue Nov 24, 2015 12:27 am

Richard68 wrote:judge allowed the appeal on article 8. Right to family life.
FLR(FP) I believe.
Life isn't fair, but you can be!

Richard68
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by Richard68 » Tue Nov 24, 2015 8:47 pm

Thanks for the reply. That is what I was thinking. But I'm not sure if I'm on a 5 or 10 year route so was also thinking of switching to FLR(M). I think that is possible?

Does anyone know how to check if it's a 5 or 10 year route as nothing was said on the decision letter?

Richard68
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by Richard68 » Thu Dec 03, 2015 9:25 pm

Please any advice on the below much appreciated.

How to find out if I'm on 5 yr or 10 yr route?

Can I switch to FLR(m) ?

rumiaktherhena1981
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by rumiaktherhena1981 » Sun Dec 06, 2015 9:51 am

Hi

Your initial application was under EEA Regulations but tribunal allowed it on Article 8 therefore you did not fall under immigation rules. But the fact your appeal was allowed on article 8 the home office has granted you leave for 30 months under paragraph 276ADE (Private Life). You are therefore on the 10 year route to settlement. You should of received a covering letter from the home office with you BRP confirming your route.

Richard68
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by Richard68 » Sun Dec 06, 2015 8:16 pm

Hi,

Thanks for your reply.We didn't receive a letter.

Anyway, we are thinking the best way forward is to switch to FLR(m). Do you know if that is ok to do?

Thanks

mohammedsahilkhan
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by mohammedsahilkhan » Mon Dec 07, 2015 1:54 am

You cannot switch to FLR M because you cannot satisfy the mandatory requirements. Even if you did you would still face the 10 year route to settlement. If you remains uncertain you should seek advise from the Home Office. Send email to their policy team they will advise if an applicant in your category can switch. If the application is refused on FLR M you will loose your application fee. Only the Health Surcharge will be refunded. Be careful.

Richard68
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Re: Which form SET(M) or FLR(M) or FLR(O)

Post by Richard68 » Mon Dec 07, 2015 9:15 pm

Hi,

Again thanks for the reply. I would appreciate any other advice as I think I do meet the requirements. I have just completed 2.5 years LTR. I am married and my partner is British and earns more than the income threshold. So I think I should be able to switch to FLR(M) on the 5 year route?

Any advice appreciated. Thanks.

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