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Arrived on FP - can you apply for FLR (M) instead of RC?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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BritGirl1
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Posts: 17
Joined: Fri Feb 17, 2017 2:00 pm

Arrived on FP - can you apply for FLR (M) instead of RC?

Post by BritGirl1 » Tue Aug 15, 2017 3:50 pm

Hi all,

Asking a question for a friend (we submitted our RC application mid-July).

She has FP and is currently in the UK. She is American and is married to a Brit and they were living in Spain for a few years.
She is thinking of applying for FLR (M) instead of RC after expiry of FP (as if you are in the UK on FP then you can remain after expiry).

Is this even possible? I did notice on the FLR (M) website that it says you can't apply if your visa is for 6 months or less - which could be viewed as the case with an FP - it is really only "valid" for 6 months.

Any suggestions? Is she able to apply for FLR (M) after entering the UK using FP or must she now stick to the EEA route?

Many thanks for any advice.

Tamandua
Member
Posts: 118
Joined: Sun Jul 24, 2016 10:01 pm

Re: Arrived on FP - can you apply for FLR (M) instead of RC?

Post by Tamandua » Wed Aug 16, 2017 8:16 am

She cannot switch from EEA route into UK immigration law from within the UK. She will fall for refusal and the HO may even certify her human rights claim as 'clearly unfounded'.

In my opinion, yes, she should stick to the EEA route.

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