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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Casa wrote:I can only come up with an FLR(FP) application, but maybe others have an alternative suggestion. Does your husband's income now meet the required £18,600 p.a ?
Casa wrote:I've spent some time reading through the Immigration Directorate Instructions and I believe that in the circumstances and having no existing leave, you should apply for FLR(FP) Private Life 10 year route. Here's the link, but the guidance may take some time to digest.
https://www.gov.uk/government/uploads/s ... t_2015.pdf
Stand by for advice others may have to contribute.
vinny wrote:FLR(FP) seems appropriate.
Why did you fail SS? Was it because your children were not with you and therefore you did not move your "centre of life" to the EEA country? Or also because of lack of job there?
Did you appeal?
KatieWills wrote:I'm not very knowledgeable on the SS route but on the understanding I have your refusal seems harsh.
Essentially then you are an overstayer who entered UK on the visa waiver scheme? The one year ban won't apply to you as my hubby was also an overstayer of a visitor visa but our spouse visa application was successful first time. Make sure you have all the evidence they ask for when you apply, ask any further questions in this thread, there is a great core of people here with the expertise to advise.
Seven years is a long time. I suspect the UKVI may have great difficulties in refuting at the Appeal that you and your family's centre of life had not been in Spain.michelle25 wrote: I'm an argentine national married to a British national we lived together in Spain for seven years where we had our two daughters.
In March 2015 we came to the UK where I entered without Fp I applied straight away for a residence card using Surinder Singh route, on November I got refused because I didn't provided with British passport (my husbands) so I made a new application the same month this time with the British passport and I got refused late May because of centre of life this time with right to appeal so I did it at the beginning of June 2016.
vinny wrote:Seven years is a long time. I suspect the UKVI may have great difficulties in refuting at the Appeal that you and your family's centre of life had not been in Spain.michelle25 wrote: I'm an argentine national married to a British national we lived together in Spain for seven years where we had our two daughters.
In March 2015 we came to the UK where I entered without Fp I applied straight away for a residence card using Surinder Singh route, on November I got refused because I didn't provided with British passport (my husbands) so I made a new application the same month this time with the British passport and I got refused late May because of centre of life this time with right to appeal so I did it at the beginning of June 2016.
vinny wrote:Seven years is a long time. I suspect the UKVI may have great difficulties in refuting at the Appeal that you and your family's centre of life had not been in Spain.michelle25 wrote: I'm an argentine national married to a British national we lived together in Spain for seven years where we had our two daughters.
In March 2015 we came to the UK where I entered without Fp I applied straight away for a residence card using Surinder Singh route, on November I got refused because I didn't provided with British passport (my husbands) so I made a new application the same month this time with the British passport and I got refused late May because of centre of life this time with right to appeal so I did it at the beginning of June 2016.
Yes I heard a little bit about this, the laws that changed on the last 25th of October? I'm still not sure if he would fall onto that category because he didn't had private health insuranceObie wrote:No they don't. Your husband was a frontier worker in Spain.
In any event the law had been changed to include self Sufficient British Citizens also, and not only worker.
I met my husband there and I was already legal because I reunited my family that was living there when I was under 18 years old, right now I have permanent residence there.vinny wrote:What was your immigration status in Spain? Do you have any EEA residence documents from Spain, confirming that husband and yourself were residing/exercising free movement treaty rights under the directive there?
Frontier Mole wrote:Do you have access to a Spanish passport- can you apply for citizenship?
Casa wrote:I've spent some time reading through the Immigration Directorate Instructions and I believe that in the circumstances and having no existing leave, you should apply for FLR(FP) Private Life 10 year route. Here's the link, but the guidance may take some time to digest.
https://www.gov.uk/government/uploads/s ... t_2015.pdf
Stand by for advice others may have to contribute.
Why would such a citizenship application depend on supporting yourself?michelle25 wrote:Frontier Mole wrote:Do you have access to a Spanish passport- can you apply for citizenship?
Not anymore, I could had done that (I should have done that) but if I apply for citizenship I also need to provide how do I support myself and of course I'm not working in Spain anymore so I had lost that chance
noajthan wrote:Why would such a citizenship application depend on supporting yourself?michelle25 wrote:Frontier Mole wrote:Do you have access to a Spanish passport- can you apply for citizenship?
Not anymore, I could had done that (I should have done that) but if I apply for citizenship I also need to provide how do I support myself and of course I'm not working in Spain anymore so I had lost that chance
Why can you not apply based on some period in the past?
And how long have you been out of Spain?
So if you have already acquired PR (via EU migration route) in Spain it will be lost after 2 years absence.michelle25 wrote:I'm not sure why they ask that, I suppose it is to show that I'm not surviving on Spanish benefits.
On March is going to be two years that I left