TIER 4 STUDENT VISA MARRIED TO AN IRISH CITIZEN

[sebastian123]

Good afternoon this is my case

I am Colombian ( latin america) I came into the UK the 5 October 2016 to do a masters degree under a tier4 students visa, o study full time, I got married the 26 august 2017, to a Irish national, before my student visa experided I sent my documents to the home office to ask for extension of my visa I used the form FLR(FP), I recieved a letter asking for finger prints and photographs, and then this latter arrived that says
Thank you for your application for permission to stay in the uk

your appliation raises issues to the European convention of human rights, which are complex in nature, as such it falls outside our normal service standars for deciding leave to remain applications. please be assured that we will make a decision on your case as quickly as possible.

I contacted a lawyer, different to the one who advised me first, and she told me I sent the wrong application. and that it was easier just to apply under a different category under european law. she tol me to call them and ask for my documents and whitdraw my application and make a new one, but I have some questions.

1 is she right? when she says I made a mistake?
if so
2 if I withdraw my application I lose all the money I paid for it?
3. is no a way I can change my application without withrawing for I am scared a withdraw of my application can cause me mmore problems.

Thanks for reading me.

[missiontier2]

I can only answer one of these questions because I recently submitted a FLR (HR0) form after my Tier 4 student expired and my employer needed more time to get the licence number.

You are lucky. I wish I could just marry the Irish guy I've been seeing but don't think he is there yet. I am from the United States btw.

Anyway, to answer your question, I think you will lose the money and only get the IHS health surcharge refunded for the new application. that is, if you paid for the IHS.
I would just listen to an immigration adviser or lawyer who will most likely say withdraw to get your documents back and apply with another application.

I was told to do the same thing with the FLR(HRO) AND TIER 2. Although, I was very confused which option I fell under such as compelling circumstances outside the immigration rules.

My question for you is, how long did the process take for you once they received the documents?
I was told this would buy me more time up to 8 weeks but I only need about 4.
and if you withdraw the application do you need to show this evidence in the next application?
Its all very complex!
Regards and Good Luck

[Wanderer]

Not sure FLR is the correct application unless you Irish husband is a dual UK/IRL citizen.

Why didn't you apply for an EEA Family Permit?

[missiontier2]

Good afternoon this is my case

I am Colombian ( latin america) I came into the UK the 5 October 2016 to do a masters degree under a tier4 students visa, o study full time, I got married the 26 august 2017, to a Irish national, before my student visa experided I sent my documents to the home office to ask for extension of my visa I used the form FLR(FP), I recieved a letter asking for finger prints and photographs, and then this latter arrived that says
Thank you for your application for permission to stay in the uk

your appliation raises issues to the European convention of human rights, which are complex in nature, as such it falls outside our normal service standars for deciding leave to remain applications. please be assured that we will make a decision on your case as quickly as possible.

I contacted a lawyer, different to the one who advised me first, and she told me I sent the wrong application. and that it was easier just to apply under a different category under european law. she tol me to call them and ask for my documents and whitdraw my application and make a new one, but I have some questions.

1 is she right? when she says I made a mistake?
if so
2 if I withdraw my application I lose all the money I paid for it?
3. is no a way I can change my application without withrawing for I am scared a withdraw of my application can cause me mmore problems.

Thanks for reading me.

I JUST WANTED TO UPDATE YOU.

to not cause any problems when yu withdraw, show evidence you already submitted an intime application such as your IHS number receipt via email, proof of delivery and copy of the old application with a cover letter explaining everything.

I will need to do this as well.

OR you can wait for the home office to reject it and then apply. Either way you will have to pay again but if you withdraw, you will at least get your IHS refund.