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Changing EEA2 to FLR(M)

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sanna
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Location: UK

Changing EEA2 to FLR(M)

Post by sanna » Mon Nov 10, 2008 1:42 pm

Hi Everybody,

I am non_EU national married to an Irish citizen in june 2007.
At that point of time, I called home office and they told me the best way to make an application is via EU route which is EEA2. I applied and got my residence card in October.

Recently, I've realised that because my husband is Irish, I could have applied using FLR(M) which would be much better for me because I could get my permanent residency in 6 months from now; while with EEA2 I still have to wait more 3.5 years.

Now I have 2 questions:
1. Can I change my EEA2 to FLR(M) now?
2. If I can, will they consider that I was married 1.5 already or not? I mean if I get it do I still have to wait 2 years?

I have to say that, I have been in the UK since 2004 on student visa, SEGs and then EEA2.

Thanks,
Sanna

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Nov 10, 2008 1:46 pm

I'm having a crack at this, but I'm no expert on this, so wait for others..

I think when u change 'route' ur clock is reset. Also u r aware the UK route costs quite a bit, about 2k all told whereas EA route is free?

Ur time as student SEGs won;t help u I'm afraid.
An chéad stad eile Stáisiún Uí Chonghaile....

sanna
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Posts: 6
Joined: Tue Sep 23, 2008 12:41 pm
Location: UK

Post by sanna » Mon Nov 10, 2008 1:51 pm

Thanks for your reply.
I know that my time here with the other visas won't help but what about my time that I was married and had EEA2 permit?

I know it is a bit more expensive, but it is quicker that way. Isn't it?

Thanks

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Nov 10, 2008 2:51 pm

I've realised that because my husband is Irish, I could have applied using FLR(M) which would be much better for me because I could get my permanent residency in 6 months from now
No you cannot! If you switch to the UK route you will be issued with a 2-year spouse visa. You will not be allowed to apply for ILR until the last 28 days of that 2-year spouse visa.
John

thsths
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Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Post by thsths » Mon Nov 10, 2008 4:07 pm

Wanderer wrote:I think when u change 'route' ur clock is reset. Also u r aware the UK route costs quite a bit, about 2k all told whereas EA route is free?
Indeed, plus the "small print" is much less complicated on the European route, so you are much more flexible. The only disadvantage is that you can always change from the UK route to the European route without reseting your clock completely, but not the other way round. So you are committed now.

You can change, but that would reset your clock. There is also the option to apply for ILR once you are married for 4 years, although that seems hardly worth it, and it may get removed soon. So the best thing to do is just wait and relax.

sanna
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Posts: 6
Joined: Tue Sep 23, 2008 12:41 pm
Location: UK

Post by sanna » Tue Nov 11, 2008 12:40 pm

Thanks for all your replies and help.

gabb
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Posts: 5
Joined: Tue Nov 11, 2008 12:53 pm

Post by gabb » Tue Nov 11, 2008 1:35 pm

thsths wrote:There is also the option to apply for ILR once you are married for 4 years, although that seems hardly worth it, and it may get removed soon.
Sounds interesting. Where can i get more information about apply for ILR after four years. My case is kinda similar.

Came to UK in 2004 as student.
Got married in 2006.
Got EEA2 in 2007 (after 8 months of application; God bless them.)
My wife is also British.

Thank you.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Nov 11, 2008 2:20 pm

Why didn't u use UK rules? You'd be nearly there now!!
An chéad stad eile Stáisiún Uí Chonghaile....

shasri
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Joined: Mon May 04, 2009 2:01 pm

Post by shasri » Wed May 06, 2009 5:43 pm

Wanderer wrote:I'm having a crack at this, but I'm no expert on this, so wait for others..

I think when u change 'route' ur clock is reset. Also u r aware the UK route costs quite a bit, about 2k all told whereas EA route is free?

Ur time as student SEGs won;t help u I'm afraid.
not sure if people are still following this thread? but in case...
how does it end up being 2K in total? FLR(M) is 460 or 660 so is the rest the ILR?

If you start with FLR and switch to EU, what happens to the clock

I'm trying to decide whether to go FLR(M) or EEA2, Aussie married to Irish and need to change from student (at the moment) to a visa that allows me to work by sept 09. worried that the EEA2 route will take too long...

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