URGENT: Switch from EU to UK Immigration Rules

[tequilabird]

My husband has recently been refused a UKRC and we are now considering going down the route of FLR (M). It mentions that he can apply under this route on his refusal notice, but I'm getting conflicting information.

Entered UK July 2016 on EEA FP - expiry Jan 2017.
Applied for UKRC September 2016.
Refusal letter received May 2017.
Appeal lodged May 2017 (within 14 day time frame).

The question is, what to do now. We can wait for the appeal to come through, but have been advised that it will be a minimum of 48 weeks. At the end of June, we will be able to apply for FLR (M) if we are allowed to do so. Until then, we can submit a new UKRC application.

Any advice much appreciated. We have a baby girl (British) who is currently missing out on her family abroad and as the HO have retained my husband's passport, we can't go anywhere until we get sorted.

[tequilabird]

Bumping this up in the hope that someone can offer advice Thanks in advance!

[tequilabird]

One more bump!! Please - moderators, do you have any info on this??

[Wanderer]

Why was he refused?

[Casa]

Circumventing the Immigration Rules (Surinder Singh).

You were advised in this thread:
eea-route-applications/surinder-singh-c ... l#p1488070

[Wanderer]

1. Get passport/travel document

2. Return to country of origin

3. Apply properly

[tequilabird]

We applied properly in the first place for EEA (FM). This was refused, but the refusal is full of inaccuracies and wrongful application of EU law. I can apply again under this route, but due to the timeframe, we are looking to switch into UK immigration law as it states we can on the refusal letter. However, as per my previous post, I'm unsure as to whether this is actually possible as I can't seem to get an answer regarding my husband's current legal status.

Getting his passport, leaving and 'applying properly' is not a solution to this situation when there is a 7-month baby involved and a possible 3-month wait outside of the country for my husband.

[tequilabird]

Hello,

Can you switch from FLR (FP) to 5-year partner route IF FLR (FP) is granted outside of the rules?

Thanks.

[tequilabird]

Hello,

My husband and I have been advised by our solicitor to go for FLR FP based on him being married to me and us having a daughter (British citizen).

I've heard that FLR FP is virtually impossible. Is this actually the case?

Thanks.

[Casa]

It's not impossible, but it's certainly a tough one to win...and you need to be prepared for a long wait.

It's difficult for anyone to advise you further unless you are able to post the details of your situation.

[tequilabird]

Did SS. Husband was refused UKRC. We have a baby (British) and my mother is unwell. Leaving the UK is not really an option as it would mean my husband would lose his job and I'd have to give mine up to look after the baby and therefore losing my salary which meets the financial requirement. My husband is Egyptian and Egypt has a declared state of emergency at the moment so I don't really want to take the baby to Egypt right now.

Solicitor has advised us that she is confident we would get FLR FP, but I've heard a variety of stories that suggest it's not that easy.

Thoughts please?

[bathanza]

It's not impossible. I have a family member on FLRP as a partner with a British child. Took 4 long years to sort out. Just make sure you have good evidence and a solicitor to cover obstacles whcih prevent you from moving. At the moment waiting 9+ months for a decision so be brave.

[tequilabird]

Can't you use the premium service?

[Casa]

Can't you use the premium service?

Applications which are complex (as yours is), won't be decided at the PSC. The junior level Case Workers simply don't have the authority to make a decision. Note the following official guidance:
7. When you can't use the service
someone whose case is complex because of personal circumstances

https://www.gov.uk/ukvi-premium-service ... he-service

[CR001]

OPs background in links below.

immigration-for-family-members/urgent-s ... l#p1490024

eea-route-applications/surinder-singh-c ... l#p1488005

[Wanda399]

Quick question - situation similar (not identical). I overstayed my visa for 10 years, couple years ago i gave birth to a baby girl (NHS fees all paid by my partner). Her father is British citizen and we have been living together for the past 7 years.

I would like to sort out my status, would FLR FP 10 Year Partner route be the correct form to fill out?

We want to get married and he thinks the correct way is to move back home and get married and apply for a spouse visa but i'm worried because i overstayed it will be difficult to get back in. Also i'm worried it will affect his mental health if he is separated from our daughter. He adores her...

I spoke to a solicitor (free advice) and they recommend we apply from within (but didn't mention which form).

Appreciate any helpful advice.

[Casa]

Quick question - situation similar (not identical). I overstayed my visa for 10 years, couple years ago i gave birth to a baby girl (NHS fees all paid by my partner). Her father is British citizen and we have been living together for the past 7 years.

I would like to sort out my status, would FLR FP 10 Year Partner route be the correct form to fill out?

We want to get married and he thinks the correct way is to move back home and get married and apply for a spouse visa but i'm worried because i overstayed it will be difficult to get back in. Also i'm worried it will affect his mental health if he is separated from our daughter. He adores her...

I spoke to a solicitor (free advice) and they recommend we apply from within (but didn't mention which form).

Appreciate any helpful advice.

Please open your own topic with this question as it's not only unfair to the OP to tag onto their thread, it causes confusion as to which member a reply is referring to.

[tequilabird]

If you enter the UK on an EEA Family Permit issued under Regulation 9, do either of these apply:

You cannot be a visitor.
You cannot be in the UK with valid leave granted for a period of 6 months or less.

The second one is the one I question most as the EEA Family Permit has a 6 month duration on it in which time you must enter the country, but you can remain in the country after that time.

[tequilabird]

Bump!

[tequilabird]

Does anyone know WHEN you can switch from the 10 year route to the 5 year route? Once you meet the requirements, do you have to wait until the 2.5 year renewal stage or can you apply as soon as you meet the requirements?

Thanks.

[Casa]

As soon as you meet the requirements.

[tequilabird]

Hi everyone,

I have asked this previously, but didn't get much response and can't find my original post now

Anyway, I'm looking for information on switching from the EU route (surinder singh) into UK law. My husband was refused his UKRC this year and we are looking at alternative options while waiting for the appeal. We are happy to switch into UK immigration law, but can't find a definitive answer as to whether this is possible.

The refusal letters for UKRC state that a separate charged application for FLR (M) or FLR (O) can be made. As he already had entry clearance in the form of an EEA Family Permit, I believe this is where the FLR part comes in as he had leave to remain on that basis.

Does anyone have any experience of this or can anyone offer some advice?

Thanks.

[tequilabird]

Hello All,

After a refusal, can you submit a new application if an appeal is pending? I have been given conflicting advice.

Thanks.

[Casa]

Have you appealed inside or outside of the UK?

[tequilabird]

Inside the UK...EEA FM was refused and appeal was lodged in time. Considering an application under FLR M as stated on the refusal.