Applying for FLR after failing SS

noajthan wrote:

michelle25 wrote:I'm not sure why they ask that, I suppose it is to show that I'm not surviving on Spanish benefits.

On March is going to be two years that I left

So if you have already acquired PR (via EU migration route) in Spain it will be lost after 2 years absence.
If you want to explore citizenship there suggest return asap.

Thank you Jonathan I was aware of that this is why I was planning in travelling to Spain before my two years were up but Spanish citizenship is out of the question I will explain in a couple of lines why

There's the requirement that is asking me how do I support myself for a start

There's also the most obvious requirement that is the simple fact that the would be granting me Spanish nationality on the grounds of having a long term residence in Spanish territory the first document they are going to ask me is an Empadronamiento which is simply a document issued by the council in which states where do I live in Spain, this can be provided by the council if I show my rent contract or my mortgage contract wich I obviously don't have as a live in the UK just now

Then there's the most important issue that comes to the nationality and is that theres an astonishing two years waiting process so I basically need to have the empadronamiento for two years in a row. Not so practical if my hubby is working in the UK and girls in school in the UK.

This is basically why I crossed off the possibility of the Spanish citizenship and you're right to think I'm a total idiot for not doing this before I kick myself everyday for this (and my family seems to remember how silly I was too)

Now my options are wait for the appeal which is killing me, leave and go to Spain before my two years are up and do spouse visa or stay and do flr 10 years route from UK, and this is the point where I'm totally lost and overwhelmed, what should I do?

Thanks for reading me x

I read the case and it looks very unfortunate.

I think you will win in appeal. Make sure you dont leave the country otherwise HO will delay your case for ever and probably try to ban you from re entering for however long. These are standard gutter tactics they are using these days against non EEA (sub)humans.

In your appeal make sure you ask the judge and the HO rep under which law you were allowed to rent, live, use schooling, healthcare etc in spain for 7 years.

The answer to all this is under EU freedom of movement otherwise citizens of non EU countries cant show up willy nilly in Spain to live and use their social services for years.

Obie wrote:

vinny wrote:

michelle25 wrote: I'm an argentine national married to a British national we lived together in Spain for seven years where we had our two daughters.

In March 2015 we came to the UK where I entered without Fp I applied straight away for a residence card using Surinder Singh route, on November I got refused because I didn't provided with British passport (my husbands) so I made a new application the same month this time with the British passport and I got refused late May because of centre of life this time with right to appeal so I did it at the beginning of June 2016.

Seven years is a long time. I suspect the UKVI may have great difficulties in refuting at the Appeal that you and your family's centre of life had not been in Spain.

You are perfectly correct Vinny. However absurd their Centre of Life test is , it will be clearly perverse to suggest that a person in OP's position will not meet it.

An FLR(FP) application is liklely to succeed, but i will pursue the Residence Card appeal, and make sure documents of you and your Husband's stay in Spain is documents.

I understand that because of the cost of Translation, many surinder singh applicant from non-English country are unable to provide adequate documentations , due to the cost of translation.

Hi Obie, sorry for being so bipolar and asking for all the possible family members applications available but I was thinking, after the changes made on November last year do you think we have a chance to put yet another application for Surinder Singh this time proclaiming the British citizen to be a self sufficient person showing the wage slips from Gibraltar as to confirm where he was getting the money from? Do you think this could work? Thank you x

BClassBritish wrote:I read the case and it looks very unfortunate.

I think you will win in appeal. Make sure you dont leave the country otherwise HO will delay your case for ever and probably try to ban you from re entering for however long. These are standard gutter tactics they are using these days against non EEA (sub)humans.

In your appeal make sure you ask the judge and the HO rep under which law you were allowed to rent, live, use schooling, healthcare etc in spain for 7 years.

The answer to all this is under EU freedom of movement otherwise citizens of non EU countries cant show up willy nilly in Spain to live and use their social services for years.

I apologise Bclassbritish I haven't read your post until today

I have very mixed feelings about all my options just now but my biggest fear is the one you mentioned, me trying to do "the right thing" and leave the country at their terms and them refusing me and trying to put a re entry ban

The appeal... It is so unknown at the moment what argument I could use. I know what you're saying about the free movement but I met my husband when a was already legal in host country so he didn't contribute to that.

I was thinking maybe to stick to the appeal but maybe also put a new application this time using the new changes made since last November and say that British citizen was self sufficient during that time in Spain and use the same argument in the appeal if this came first (which I doubt)

Do you think this is possible?


Thanks for your time