ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spouse visa - Change from EEA-FM to FLR(M)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Spouse visa - Change from EEA-FM to FLR(M)

Post by Palor » Tue Dec 27, 2016 2:00 pm

Hi everyone,
Am glad to be part of this board, My sister got a five year resident card because I was marriage to an EU national, I have divorced with the EU national for 1 year now, My sister have got marriage to a British citizen. She now want apply under her husband, she has spend three and half year in the Uk. I need advise from the board how to go about such application. Hope to hear from the board.
Kind regards,
Palor

ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Change of circumstances

Post by ohara » Tue Dec 27, 2016 2:04 pm

Do you have permanent residence? If not, on what basis have you and your sister remained in the UK? Her residence card would have become invalid as soon as you lost your EEA sponsor.
Last edited by ohara on Tue Dec 27, 2016 2:05 pm, edited 1 time in total.

User avatar
Casa
Moderator
Posts: 25784
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Change of circumstances

Post by Casa » Tue Dec 27, 2016 2:05 pm

Your sister needs to apply for FLR(M) as the spouse of a settled person.

https://www.gov.uk/government/publicati ... -form-flrm

Wait for confirmation on whether she can submit this from within the UK as her right to reside through dependency appears to no longer be valid..
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Change of circumstances

Post by Obie » Tue Dec 27, 2016 5:05 pm

ohara wrote:Do you have permanent residence? If not, on what basis have you and your sister remained in the UK? Her residence card would have become invalid as soon as you lost your EEA sponsor.
That is not correct. If she retained her right of residence, then her sister too will be able to do so.
Smooth seas do not make skilful sailors

Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Re: Change of circumstances

Post by Palor » Tue Dec 27, 2016 7:40 pm

Thank obi and casca for you respond,
I have retain my right of resident, I didn't include her when am retaining my right of resident. She is now married to a British citizen. She want to applie under her husband, how to go about it. What are the necessary document and whic form she need to use for her application.
Thanks

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Change of circumstances

Post by CR001 » Tue Dec 27, 2016 7:54 pm

Palor wrote:Thank obi and casca for you respond,
I have retain my right of resident, I didn't include her when am retaining my right of resident. She is now married to a British citizen. She want to applie under her husband, how to go about it. What are the necessary document and whic form she need to use for her application.
Thanks
Casa wrote:Your sister needs to apply for FLR(M) as the spouse of a settled person.

https://www.gov.uk/government/publicati ... -form-flrm

Wait for confirmation on whether she can submit this from within the UK as her right to reside through dependency appears to no longer be valid..
Do click on the link that Casa already provided.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Re: Change of circumstances

Post by Palor » Tue Dec 27, 2016 9:07 pm

Thanks Casa,
She has a full time employment now' the husband too is working full time, do they have the right to submit the application? Also She has never stay as illegal in the UK. Will the Home office consider the number of years(three and half) she has spend legally in the Uk. Is she qualify to use the 2 year route on the FLR(M). You contribution is highly regarded.
Thanks
Palor

User avatar
Casa
Moderator
Posts: 25784
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Change of circumstances

Post by Casa » Tue Dec 27, 2016 9:13 pm

Her immigration clock will be re-set to zero and FLR(M) will be a 5 year route to ILR (2.5 x 2.5 years).

She can submit the application but there's no guarantee that the Home Office won't decide that she needs to apply from outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Re: Change of circumstances

Post by Palor » Tue Dec 27, 2016 9:53 pm

Can anyone else give advise on the above.

User avatar
Casa
Moderator
Posts: 25784
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Change of circumstances

Post by Casa » Tue Dec 27, 2016 10:01 pm

Palor wrote:Can anyone else give advise on the above.
I'll leave you to it then......hopefully you'll get the answer you're obviously looking for. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Change of circumstances

Post by physicskate » Tue Dec 27, 2016 10:25 pm

Palor wrote:Thanks Casa,
She has a full time employment now' the husband too is working full time, do they have the right to submit the application? Also She has never stay as illegal in the UK. Will the Home office consider the number of years(three and half) she has spend legally in the Uk. Is she qualify to use the 2 year route on the FLR(M). You contribution is highly regarded.
Thanks
Palor

There is no two year route. ILR clock will be set to zero and she will need to remain married for the full 5 years after she applies for FLR (M).

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Change of circumstances

Post by noajthan » Wed Dec 28, 2016 10:56 am

Palor wrote:Can anyone else give advise on the above.
Read and understand the advice given above.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Re: Change of circumstances

Post by Palor » Thu Dec 29, 2016 9:08 pm

Thanks to all moderators for you advices, I appreciate all your input which will make a lot of impart. Can someone help me in the supporting document She need to submit with the FRL(M) application?. Also does she need to lawyer to it the sort of application or herself?
Your advise is highly regarded.
Palor

Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Re: Change of circumstances

Post by Palor » Thu Dec 29, 2016 9:13 pm

Sorry the above is FLR(M)

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Change of circumstances

Post by CR001 » Thu Dec 29, 2016 9:14 pm

Palor wrote:Can someone help me in the supporting document She need to submit with the FRL(M) application?. The form lists what HO want to see, payslips, bank statements, employment letter, etc. Read through the form, Appendix SE-FM and guidance notes carefully

Also does she need to lawyer to it the sort of application or herself? No need for a lawyer, not a difficult application and free help available here on the forum.
Your advise is highly regarded.
Palor
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Change of circumstances

Post by noajthan » Thu Dec 29, 2016 9:18 pm

Sister could only use past time in UK if she maintains her momentum on EU trajectory if she has indeed retained right of residence (as you have done).

If switching to UK Regs suggest husband becomes involved.
Both parties should get up to speed with FLR guidance.
They still need to dig into question of applying from in or out of UK.

Many members do manage such applications without a lawyer or other legal representative.
However do be aware of possible challenges in switching Regulations.
For example, see:
http://www.immigrationboards.com/immigr ... ?hilit=Flr
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Palor
Newly Registered
Posts: 7
Joined: Tue Dec 27, 2016 1:29 pm

Changes to the family immigration rules: Who they affect

Post by Palor » Sun Feb 12, 2017 3:28 pm

Hello to this forum'
My sister got a Resident card through me, as I was married to EU national, I have divorced the EU national, my sister have got Marriage to a British citizen.
The British citizen is working part time and my sister is on a full time job, please help me with advice below:
I need an advise if she need to apply through her husband as her circumstances has change,
Are they going to combine both income to meet the £18,600.
Also does she need a lawyer to do the application.
Regards
Palor

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Spouse visa - Change from EEA-FM to FLR(M)

Post by CR001 » Sun Feb 12, 2017 3:39 pm

Topics merged. Please keep all your questions on this application in a single topic (this one).

They can use combined earnings and will have to provide payslips and bank statements for both of them to prove it.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa - Change from EEA-FM to FLR(M)

Post by Obie » Sun Feb 12, 2017 4:01 pm

I am not sure the answer to the question has changed.

She cannot switch to FLR(M) from within the UK.
Smooth seas do not make skilful sailors

Locked