FLR FP offered instead of ILR, Can I work?

[rocksolid]

Hi Moderators and experts.

After going through all government made available appendix I have not found this information and seeking your advice on the matter.

I have been living and working legally since I first came to UK in 2008. My latest and current visa is EEA FAMILY MEMBER that is valid until November 2019. I applied for SET LR and it was rejected because I have 556 days of absence instead of 540. They rejected th3 medical reports i provided for some periods where my father had brain haemorrhage and my brother was stuck in psychiatric ward unless a family member escort them.

They are inatead offering me FLR FP if i pay health surcharge of £500 to cover 30 months with no rights to appeal.

My questions can i continue working via my own limited company?

Are there any restrictions on flr fp that i should be aware of ?

Can i apply for ILR when my 10 years work out to have no more that 540 absences again?

Many thanks

[CR001]

Why not apply for PR or the new settled status under the much cheaper EEA route??

[rocksolid]

Why not apply for PR or the new settled status under the much cheaper EEA route??

I wasn't sure how things would be post brexit and wanted to apply for ILR instead.

The situation now is that I am told by UKVA that if i don't accept this visa I'll be considered illegal. So i don't really have much choice and I have to pay for health surcharge by 22nd January.

[vinny]

The situation now is that I am told by UKVA that if i don't accept this visa I'll be considered illegal.

If you are still a family member of a qualified EU/EEA/Swiss person or an EU/EEA/Swiss national with PR, then there is no basis for that threat.

Being refused an application under the Immigration rules does not curtail any automatic rights under the EEA regulations.

Perhaps you should complain and get them to formally apologize and retract unlawful statements.

[rocksolid]

The situation now is that I am told by UKVA that if i don't accept this visa I'll be considered illegal.

If you are still a family member of a qualified EU/EEA/Swiss person or an EU/EEA/Swiss national with PR, then there is no basis for that threat.

Being refused an application under the Immigration rules does not curtail any automatic rights under the EEA regulations.

Perhaps you should complain and get them to formally apologize and retract unlawful statements.

Thanks @vinny

For details, my wife is Romanian living in UK for about 10 years although she hasn't applied for PR. Our daughter is a British national.

I understand your point and I am going to make a complaint. However I highly doubt they would reply before 22nd January and I can't and don't want to be titled as illegal.

So i have no choice but to agree , pay and take flr fp and complain as well.

[vinny]

On what basis are they calling you an illegal?

See also

Application

5. Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.

[rocksolid]

On what basis are they calling you an illegal?

See also

Application

5. Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.

That is exactly what doesn't make sense to me. How can they possibly declare my status as illegal. I will write a complaint letter to post tomorrow.

However, could you please point me to legislation where it states I can still continue to work on FLR FP? That is in case by 22nd January I don't hear from them. I don't want to be labelled illegal.

[vinny]

My latest and current visa is EEA FAMILY MEMBER that is valid until November 2019.

That's confirmation of your automatic rights to work for employers.

Unless your circumstances have changed, your rights under the EEA regulations continues, subject to whatever Brexit means.

[vinny]

Note that their Long residence guidance also confirms my interpretation.

This does not affect the rights of family members of EEA nationals to permanent residence in the UK, where they qualify for it after a period of 5 years residence in the UK - Regulation 15 of the Immigration (European Economic Area) Regulations 2006. More information can be found on the GOV.UK website – apply for a UK residence card.

[rocksolid]

Note that their Long residence guidance also confirms my interpretation.

This does not affect the rights of family members of EEA nationals to permanent residence in the UK, where they qualify for it after a period of 5 years residence in the UK - Regulation 15 of the Immigration (European Economic Area) Regulations 2006. More information can be found on the GOV.UK website – apply for a UK residence card.

That is indeed correct.

Since we last spoke, I have written a reply to Liverpool and sent a complaint to he UKVI complaint department.
I would most likely receive a reply next month and by that time, and I would have to pay and accept FLR FP in the meantime otherwise as per letter, they would completely disregard my application, not issue a refund and I may be liable for removal from UK.

[vinny]

Their letter contradicts their own guidance, as quoted above.