Post
by Maral » Sat Jan 25, 2014 7:23 pm
Thank you, Imshzd.
I have checked the application form FLR(FP) and was wondering:
1. "Requirements for a grant of leave on the basis of private life: is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK" seems to me that I do not have to have already lived in the UK for 10 years so far in order to apply under this route, but just wanted to double check if this is the case? As far as I know long term residence (10-year route) leading to permanent residency has been abolished, there are only three categories now under article 8, i.e, FLR (M): 5-year partner / parent route; FLR(O): 10-year partner or parent route, FLR(FP) 10-year private life. As I have no partner or children, therefore I can only apply under FLR(FP)?
2. I have been here for over 8 years as my former EEA spouse's dependent. When my application was rejected and subsequent appeals were dismissed, obviously I did not have any visa et al. Would this have an impact on my application, I,e, the years I have been living here must attached to a certain immigration status, which must not be a dependent of an EEA national, without any interval? The reason I asked is that I want to make sure I meet the basic requirements before submitting an application. I have found the following information. Is it related to private life (10-year route) or long residence route?
Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for:
• third country nationals who have spent time in the UK as: the spouse, civil partner or other family member of an European Union (EU), or an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence • former family members who have retained a right of residence.
During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain. For more information, see related link: 05 Residence card applications.
However, you must apply discretion and count time spent in the UK as lawful residence for family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if they meet all the other requirements for long residence.
This does not affect the rights of family members of EEA nationals to permanent residence in the UK, where they qualify for it under Regulation 15 of the Immigration (European Economic Area) Regulations 2006. For more information, see related link: Immigration (European Economic Area) Regulations 2006 – Regulation 15
3. If I submit an FLR(FP) application, would I get an acknowledgement letter saying I am entitled to work pending the decision is made? How long does it take the UKBA to consider such an application, would it be quicker given the application is about 600GBP?
4. If the application is successful, I would be issued a 30-month visa which is renewable. 10 years later I will be entitled to be settled? If it is rejected, would I have the right to appeal?
Look forward to hearing from you.
Many thanks