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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
What does your visa state?
As you don't have 'leave to remain' in the UK on a spouse visa, your residence and stay is ONLY based on the EEA/EU rules and you should have applied for PR under the EEA rules which costs £65 currently.When you can settle permanently
The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
Where the fee has been paid but the application is invalid, the caseworker must reject the application and process a refund for the application minus £25 per person included in the application form.
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An administration fee cannot be retained if an application is void, withdrawn before enrolment of biometrics (where we refund the fee paid) or the applicant has died.
Then what should I do?vinny wrote: ↑Sun Dec 09, 2018 10:11 pmI don’t think that they will consider it as void.
You don’t have indefinite leave to enter/remain.
You are not under Section 3C, because you don’t have leave under the Immigration rules.
You are not outside the UK.
If they get to process it, then I fear they probably would just refuse it because you don’t meet the requirements. Then they may just keep the fees.
So, I should not upload any document or biometrics? And just go to the appointment on 27th without anything in the system, correct?vinny wrote: ↑Sun Dec 09, 2018 10:32 pmDon’t let them get to the point of processing it. Don’t submit documents nor biometrics? If you go to the appointment, then ask the caseworker to treat it as invalid?
You won’t be an overstayer as long as you are the spouse of you husband under the EEA regulations.