My wife is Irish !

[Mohamedshiha]

Hi all, and thank you very much for your help in advance.

I am an egyptian citizen, I came to UK in July 2014 for spouse visa (6 months) then I got married with my Irish wife in UK here as she working and living here for more than 20 years. She has only Irish passport not British.
After we got married in the UK I have applied to stay here with her, then I got resistance permit card type : spouse/partner leave to remain 2 years and 6 months.
I don't really know why the home office did give me this. They should give me EEA (FM) 5 years route as my wife Irish not British!
Now my resistance card will expire in March 2017 and I don't know which application should I use FLR(M) fees £811 + £500 HIS or can I apply for family member of EU which is cost me just £65?
Is there any chance for me to change my category please ??

Regards,

[Obie]

This depends on what your lawyer applied for. Strange they will give you 2 years 6 months if you applied for 5 years visa.

[Mohamedshiha]

This depends on what your lawyer applied for. Strange they will give you 2 years 6 months if you applied for 5 years visa.

I don't remember what did I apply for but my application was settlement.
It was not EEA

[Obie]

It is your fault then. HOne Office will only give what you applied for.

Is your wife still working in the UK?

[Mohamedshiha]

It is your fault then. HOne Office will only give what you applied for.

Is your wife still working in the UK?

Yes, she is working and having house in UK
But how did they accept it if that was not correct category?

[Obie]

As Irish she is treated as a person with indefinite leave. So she is qualified to Sponsor a person under the immigration rules.

[Mohamedshiha]

As Irish she is treated as a person with indefinite leave. So she is qualified to Sponsor a person under the immigration rules.

That mean I can't change to EEA now ?

[Obie]

How much you paid for that application in 2014? Dis your wife have children? What visa did you enter with?

[Mohamedshiha]

How much you paid for that application in 2014? Dis your wife have children? What visa did you enter with?

I paid £1001, and yes she has two children
The visa type was D - Marriage/CP

[Obie]

How much you paid for that application in 2014? Dis your wife have children? What visa did you enter with?

I paid £1001, and yes she has two children
The visa type was D - Marriage/CP

You entered the UK as spouse of a settled person then after marriage in Italy.

It is you that started things wrongly it will seem.

[Mohamedshiha]

How much you paid for that application in 2014? Dis your wife have children? What visa did you enter with?

I paid £1001, and yes she has two children
The visa type was D - Marriage/CP

You entered the UK as spouse of a settled person then after marriage in Italy.

It is you that started things wrongly it will seem.

What Italy ?

[Obie]

Sorry not sure where Italy came from. I was meant to say, you then applied for entry as a spouse of a settled person as opposed to applyING for an EEA family permit.

That was were the problem originated.

You should be able to apply under the regulations.

[Mohamedshiha]

Sorry not sure where Italy came from. I was meant to say, you then applied for entry as a spouse of a settled person as opposed to applyING for an EEA family permit.

That was were the problem originated.

You should be able to apply under the regulations.

Thank you very much for your help.

It seems to me EU citizens got more benefits for their partners than British in the UK

[ohara]

Thank you very much for your help.

It seems to me EU citizens got more benefits for their partners than British in the UK

They do, and unfortunately the UK government view it as a "loophole" and are desperately trying to close it. It's probably #1 on the agenda for Brexit.

In fact since the £18,600 minimum earning requirement was brought in for spouse settlement visas, some Brits who also have Irish citizenship have actually renounced their British citizenship to avail themselves of the EEA route which is substantially cheaper.

It might be a kicker for you to know that as an Irish citizen in the UK, your wife could have brought you into the country for free

[Mohamedshiha]

Thank you very much for your help.

It seems to me EU citizens got more benefits for their partners than British in the UK

They do, and unfortunately the UK government view it as a "loophole" and are desperately trying to close it. It's probably #1 on the agenda for Brexit.

In fact since the £18,600 minimum earning requirement was brought in for spouse settlement visas, some Brits who also have Irish citizenship have actually renounced their British citizenship to avail themselves of the EEA route which is substantially cheaper.

It might be a kicker for you to know that as an Irish citizen in the UK, your wife could have brought you into the country for free

Yes I have a friend who came here for free his wife is EU citizen and then got 5 years visa for just £65.
after 5 years I think he will get permanently to live here for another £65 without paying for Life in the UK test I think and paying £1500 for indefinite leave to remain like I will do + £1001 for 2.5 years and £811 for extanded + £500 for IHS immigration health surcharge.

Do I really have to pay for IHS immigration health surcharge? as a part of my next application FLR(M).
sorry for all these questions

[CR001]

Do I really have to pay for IHS immigration health surcharge? as a part of my next application FLR(M).
sorry for all these questions

Yes, you have to pay it. Your application won't be considered if it is not paid.

[Mohamedshiha]

Yes, you have to pay it. Your application won't be considered if it is not paid.[/quote]

Can I change my category now from FLR to be EEA(M) ??
I mean make correction ?

[noajthan]

Can I change my category now from FLR to be EEA(M) ??
I mean make correction ?

Its not a correction or a variation its a whole different ballgame - and a different form.

[Mohamedshiha]

Its not a correction or a variation its a whole different ballgame - and a different form.[/quote]

Whatever it is can I do it ?

[noajthan]

Whatever it is can I do it ?

Yes. Don't see why not.

If your sponsor/spouse is a qualified person then you can just live your life. Work, study etc.
You may, if you wish, apply for an optional RC.
Note this is not a 'visa', it simply confirms your status if that may be useful to you.

https://www.gov.uk/government/uploads/s ... _06-16.pdf

After 5 years you may acquire PR.
Arguably you may count that time from arrival and marriage in UK (2014/2015?).
So you may achieve the holy grail of PR status as early as 2019. Assuming you remain married, haven't enjoyed prolonged absences from UK and that Brexit doesn't put the cat amongst the pigeons.

[Obie]

Its not a correction or a variation its a whole different ballgame - and a different form.

Whatever it is can I do it ?

Are you not working or earning?

[Mohamedshiha]

Yes. Don't see why not.

If your sponsor/spouse is a qualified person then you can just live your life. Work, study etc.
You may, if you wish, apply for an optional RC.
Note this is not a 'visa', it simply confirms your status if that may be useful to you.

https://www.gov.uk/government/uploads/s ... _06-16.pdf

After 5 years you may acquire PR.
Arguably you may count that time from arrival and marriage in UK (2014/2015?).
So you may achieve the holy grail of PR status as early as 2019. Assuming you remain married, haven't enjoyed prolonged absences from UK and that Brexit doesn't put the cat amongst the pigeons.

I do Have PR now and will expire on march 2017 for first time.
if I apply for EEA_FM now and if the accept it and give me 5 years to stay live and work in UK
When Can I get the ''indefinite leave to remain'' count 5 year when I arrived to UK or count when I get the EEA_FM

What do you actually recommended me to do apply for EEA_FM or extanded my PR , FLE(M)?

I am just worried if I apply for EEA they will refuse it!

[ohara]

You seem to be mixing yourself up over the different rules. The UK immigration rules and the EEA regulations are completely different, separate things.

Under EEA regs, EEA citizens have the right to live and work in any other EEA member state, and also the right to bring their family members, even non-EEA nationals, with them.

As an Irish citizen in the UK, your wife had the right to bring you into the UK under the EEA regs, but for whatever reason (whether you have been given bad advice and applied for the wrong thing, or been scammed) you applied for a spouse settlement visa under the UK immigration rules. As Irish citizens are immediately considered as settled when they arrive in the UK, your wife was eligible to sponsor you on this route. The difference between the two as you have found out is that the spouse visa under the UK rules is £1200 for 2.5 years and you also have to pay a £600 NHS surcharge. The EEA family permit on the other hand is free.

There is no "EEA(M)" and the EEA migration route itself does not involve visas. An EEA FP is not a visa, it is simply an entry clearance, and an EEA FM residence card is not a visa, it is simply a confirmation of your status (your right to live and work in the UK under EEA regs).

You can't "switch" or "vary" from a spouse visa to EEA route because they parts of different systems. You can apply for an EEA RC any time, and you'll have to cancel your spouse visa application and chase the Home Office for a refund separately.

[Mohamedshiha]

Hi, I will send my EEA applications next week Do I have to photo copy all documents which I will send with the application and send both original and photo copies ?

and my Passport and my spouse Passport do I have to send photo copy for each page ??

Thanks for help in advance...

[noajthan]

Hi, I will send my EEA applications next week Do I have to photo copy all documents which I will send with the application and send both original and photo copies ?

and my Passport and my spouse Passport do I have to send photo copy for each page ??

Thanks for help in advance...

Send originals.

Why do you think you have to copy documents too?
- who told you that?
I'm sure HO has at least one photocopier tucked away somewhere in that huge building.