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FLR(M) about to get rejected. Should I wait? or cancel?

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

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

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ttss
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FLR(M) about to get rejected. Should I wait? or cancel?

Post by ttss » Thu Mar 02, 2017 3:57 pm

Any help will be appreciated so much!

Here is my situation:
1. Applied for FLR(M) 3/1/17.
2. Got a letter saying that additional documents are needed (e.g husbands permeant residence, letter from the landlord etc.) by 7/3/17 or final decision will be made from provided documents.
3. Realised I don't qualify for FLR(M) since my husband is an EEA national (should have applied for EEA).
4. My previous Tier 5 visa expired one month ago during my application process.

Should I cancel my application before it get rejected? I become an overstayer the day I withdraw my application, then would I be able to come back as tourist? I have prearranged a flight ticket to US from UK in May. I would like to come back as tourist and fly to US form the UK. Would they let me in with my Canadian passport as tourist with my application history?

I have read below statement on the other site:
(is it true??? if it's true then I should be able to come back as on my tourist visa because I am not banned because I haven't overstayed over 90 days.)
If you’ve overstayed your visa or leave, you need to act quickly. You’re an ‘overstayer’ if you’ve stayed in the UK after your visa or leave has expired.

From the date that your visa expires, you’ll have either:

28 days to apply for a new visa
90 days to leave the country

So my main questions are:

1. Should I cancel my application before it gets rejected or just wait for the rejection letter?

2. If I decide to cancel my application now and become a overstayer, since overstayed less than 90 days, would I not be banned to travel to UK as a tourist on my Canadian passport in the future?

3. If I decide to wait for the rejection letter, would they give me some grace period to leave the UK after my application has been rejected so that I don't become a overstayer? If so, how many days would they give me to leave the country? or would I become a overstayer the moment my application gets rejected?

Any help will be a hugely appreciated!

Looking forward to hear from you.

secret.simon
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Re: FLR(M) about to get rejected. Should I wait? or cancel?

Post by secret.simon » Thu Mar 02, 2017 6:56 pm

Is your husband a non-British EEA citizen?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ttss
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Joined: Thu Mar 02, 2017 3:25 pm

Re: FLR(M) about to get rejected. Should I wait? or cancel?

Post by ttss » Thu Mar 02, 2017 7:31 pm

Yes he's not a British citizen. Only EEA.

dylan_far
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Re: FLR(M) about to get rejected. Should I wait? or cancel?

Post by dylan_far » Fri Mar 03, 2017 1:40 pm

ttss wrote:Yes he's not a British citizen. Only EEA.

If your husband is EEA and not British then why not try applying as the spouse of an EU national under EU Directive rules instead of UK immigration rules?

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CR001
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Re: FLR(M) about to get rejected. Should I wait? or cancel?

Post by CR001 » Fri Mar 03, 2017 2:03 pm

dylan_far wrote:
ttss wrote:Yes he's not a British citizen. Only EEA.

If your husband is EEA and not British then why not try applying as the spouse of an EU national under EU Directive rules instead of UK immigration rules?
OP has already stated that they are aware they submitted the wrong form/application :idea:
Here is my situation:
1. Applied for FLR(M) 3/1/17.
2. Got a letter saying that additional documents are needed (e.g husbands permeant residence, letter from the landlord etc.) by 7/3/17 or final decision will be made from provided documents.
3. Realised I don't qualify for FLR(M) since my husband is an EEA national (should have applied for EEA).
4. My previous Tier 5 visa expired one month ago during my application process.
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.

secret.simon
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Posts: 11124
Joined: Thu Feb 21, 2013 9:29 pm

Re: FLR(M) about to get rejected. Should I wait? or cancel?

Post by secret.simon » Fri Mar 03, 2017 2:41 pm

If your spouse is a non-British EEA citizen, then take a deep breath, calm down and smile.

Your right to reside in the UK arises from your marriage to the EEA citizen and his exercise of treaty rights by working, etc. So, you do not become an overstayer provided you remain married to him, he remains in the UK and exercises treaty rights here.

Now that you are smiling, apply for the EEA Residence Card.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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