Spouse visa - Change from EEA-FM to FLR(M)

Palor · Post by **Palor** » Tue Dec 27, 2016 2:00 pm

Hi everyone,
Am glad to be part of this board, My sister got a five year resident card because I was marriage to an EU national, I have divorced with the EU national for 1 year now, My sister have got marriage to a British citizen. She now want apply under her husband, she has spend three and half year in the Uk. I need advise from the board how to go about such application. Hope to hear from the board.
Kind regards,
Palor

ohara · Post by **ohara** » Tue Dec 27, 2016 2:04 pm

Do you have permanent residence? If not, on what basis have you and your sister remained in the UK? Her residence card would have become invalid as soon as you lost your EEA sponsor.

Casa · Post by **Casa** » Tue Dec 27, 2016 2:05 pm

Your sister needs to apply for FLR(M) as the spouse of a settled person.

https://www.gov.uk/government/publicati ... -form-flrm

Wait for confirmation on whether she can submit this from within the UK as her right to reside through dependency appears to no longer be valid..

Obie · Post by **Obie** » Tue Dec 27, 2016 5:05 pm

ohara wrote:Do you have permanent residence? If not, on what basis have you and your sister remained in the UK? Her residence card would have become invalid as soon as you lost your EEA sponsor.

That is not correct. If she retained her right of residence, then her sister too will be able to do so.

Palor · Post by **Palor** » Tue Dec 27, 2016 7:40 pm

Thank obi and casca for you respond,
I have retain my right of resident, I didn't include her when am retaining my right of resident. She is now married to a British citizen. She want to applie under her husband, how to go about it. What are the necessary document and whic form she need to use for her application.
Thanks

CR001 · Post by **CR001** » Tue Dec 27, 2016 7:54 pm

Palor wrote:Thank obi and casca for you respond,
I have retain my right of resident, I didn't include her when am retaining my right of resident. She is now married to a British citizen. She want to applie under her husband, how to go about it. What are the necessary document and whic form she need to use for her application.
Thanks

Casa wrote:Your sister needs to apply for FLR(M) as the spouse of a settled person.

https://www.gov.uk/government/publicati ... -form-flrm

Wait for confirmation on whether she can submit this from within the UK as her right to reside through dependency appears to no longer be valid..

Do click on the link that Casa already provided.

Palor · Post by **Palor** » Tue Dec 27, 2016 9:07 pm

Thanks Casa,
She has a full time employment now' the husband too is working full time, do they have the right to submit the application? Also She has never stay as illegal in the UK. Will the Home office consider the number of years(three and half) she has spend legally in the Uk. Is she qualify to use the 2 year route on the FLR(M). You contribution is highly regarded.
Thanks
Palor

Casa · Post by **Casa** » Tue Dec 27, 2016 9:13 pm

Her immigration clock will be re-set to zero and FLR(M) will be a 5 year route to ILR (2.5 x 2.5 years).

She can submit the application but there's no guarantee that the Home Office won't decide that she needs to apply from outside of the UK.

Palor · Post by **Palor** » Tue Dec 27, 2016 9:53 pm

Can anyone else give advise on the above.

Casa · Post by **Casa** » Tue Dec 27, 2016 10:01 pm

Palor wrote:Can anyone else give advise on the above.

I'll leave you to it then......hopefully you'll get the answer you're obviously looking for.

physicskate · Post by **physicskate** » Tue Dec 27, 2016 10:25 pm

Palor wrote:Thanks Casa,
She has a full time employment now' the husband too is working full time, do they have the right to submit the application? Also She has never stay as illegal in the UK. Will the Home office consider the number of years(three and half) she has spend legally in the Uk. Is she qualify to use the 2 year route on the FLR(M). You contribution is highly regarded.
Thanks
Palor

There is no two year route. ILR clock will be set to zero and she will need to remain married for the full 5 years after she applies for FLR (M).

noajthan · Post by **noajthan** » Wed Dec 28, 2016 10:56 am

Palor wrote:Can anyone else give advise on the above.

Read and understand the advice given above.

Palor · Post by **Palor** » Thu Dec 29, 2016 9:08 pm

Thanks to all moderators for you advices, I appreciate all your input which will make a lot of impart. Can someone help me in the supporting document She need to submit with the FRL(M) application?. Also does she need to lawyer to it the sort of application or herself?
Your advise is highly regarded.
Palor

Palor · Post by **Palor** » Thu Dec 29, 2016 9:13 pm

Sorry the above is FLR(M)

CR001 · Post by **CR001** » Thu Dec 29, 2016 9:14 pm

Palor wrote:Can someone help me in the supporting document She need to submit with the FRL(M) application?. The form lists what HO want to see, payslips, bank statements, employment letter, etc. Read through the form, Appendix SE-FM and guidance notes carefully

Also does she need to lawyer to it the sort of application or herself? No need for a lawyer, not a difficult application and free help available here on the forum.
Your advise is highly regarded.
Palor

noajthan · Post by **noajthan** » Thu Dec 29, 2016 9:18 pm

Sister could only use past time in UK if she maintains her momentum on EU trajectory if she has indeed retained right of residence (as you have done).

If switching to UK Regs suggest husband becomes involved.
Both parties should get up to speed with FLR guidance.
They still need to dig into question of applying from in or out of UK.

Many members do manage such applications without a lawyer or other legal representative.
However do be aware of possible challenges in switching Regulations.
For example, see:
http://www.immigrationboards.com/immigr ... ?hilit=Flr

Palor · Post by **Palor** » Sun Feb 12, 2017 3:28 pm

Hello to this forum'
My sister got a Resident card through me, as I was married to EU national, I have divorced the EU national, my sister have got Marriage to a British citizen.
The British citizen is working part time and my sister is on a full time job, please help me with advice below:
I need an advise if she need to apply through her husband as her circumstances has change,
Are they going to combine both income to meet the £18,600.
Also does she need a lawyer to do the application.
Regards
Palor

CR001 · Post by **CR001** » Sun Feb 12, 2017 3:39 pm

Topics merged. Please keep all your questions on this application in a single topic (this one).

They can use combined earnings and will have to provide payslips and bank statements for both of them to prove it.

Obie · Post by **Obie** » Sun Feb 12, 2017 4:01 pm

I am not sure the answer to the question has changed.

She cannot switch to FLR(M) from within the UK.

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