FLR(M) Spouse Visa

[mify]

Hello,

I married my partner a few months ago, while he was still an EEA National (Permanent Resident), he has been made a British Citizen soon after. I am currently on a Tier 4 Student Visa, and will go on to do a Masters Degree starting from September. We are in a genuine relationship, and the marriage was not investigated by the Home Office.

I am very confused about the route to Citizenship, as we both start our life together in the UK as husband and wife, this whole process from research is very confusing.

I'd like to know what is now the best route to go by? Should I continue my Masters on a Student based visa and then immediately before the end apply for Indefinite Leave to Remain, or directly apply for a Spouse Visa or Indefinite Leave to Remain since I have been in the UK for about 3.5 years. And also does the 3 year period to citizenship start from the day of the marriage or the day of first legal entry into the UK?

This is all very daunting, and we are both a bit confused as there is no clear answer on the HO website.

Thank you for all the answers!

[vinny]

You cannot apply for ILR as a student unless you completed at least 10 years continuously in the UK. So, it's better to switch to FLR(M), if you/she meet the financial requirements of £18,600 per annum, etc. That's a five year route to ILR.

Immediately after grant of ILR, you may naturalise.

[vinny]

If he doesn't lose the benefit of being an EEA national, then applying under the EEA regulations may be much easier, assuming it's still in force after the referendum.

[mify]

If he doesn't lose the benefit of being an EEA national, then applying under the EEA regulations may be much easier, assuming it's still in force after the referendum.

Hi Vinny,

Thank you very much for the response.

He has automatically lost his EEA Countries Citizenship upon being naturalised as a British citizen unfortunately. So would you suggest applying for a Family Visa immediately, or apply for a Student one and then for a family one?

Thanks.

[CR001]

It is your choice which route you choose.

If you apply for FLR(M), you/partner must meet all the requirements. This will start your 5 year (2 x 2.5 year visas) qualifying period for ILR. You will have to pay the immigration health surcharge of £500 for the first 2.5 year visa.

[mify]

Hi,

I will be in the process of applying, I was just wanting to check whether this form is the correct one: https://www.gov.uk/government/uploads/s ... _04-16.pdf

And will this be a brand new visa which will cancel out my student visa? (sorry for stupid question, just want to know).

Thank you!!

[CR001]

Yes, FLR(M) is the correct one.

Does your husband earn at least £18,600pa??

Yes, if you are granted a spouse visa on FLR(M), your student visa will be cancelled.

[Saladin0011]

Is your husband Slovak? If yes then there is option to apply for his lost Slovak citizenship and then you can apply on base of his EEA citizenship.

[CR001]

Is your husband Slovak? If yes then there is option to apply for his lost Slovak citizenship and then you can apply on base of his EEA citizenship.

The OPs husband is now British. Even if the husband can get his other EU citizenship back, he is will not be considered an EU citizen in the UK because he is British.

[Saladin0011]

Is your husband Slovak? If yes then there is option to apply for his lost Slovak citizenship and then you can apply on base of his EEA citizenship.

The OPs husband is now British. Even if the husband can get his other EU citizenship back, he is will not be considered an EU citizen in the UK because he is British.

What about what Vinny wrote?