Immigrationboards.com

Good morning all,

I have a question I hope some you will be able to help me with.

I have already completed my on-line ILR application (SET (M)). My appointment at Croydon Sopra Steria centre is scheduled for 27th December. My current visa as a family member of EEA national expires on 11/01/2019.

Can I leave the country 19-22 December?

Highly appreciate your help.

If you hold an EEA Residence card under the EEA/EU rules as the family member of an EU citizen (non British), you cannot apply for ILR on Set M. For Set M ILR, you can only apply for ILR if you have held a spouse settlement visa under the UK Immigration Rules for 5 years as the spouse of a British citizen or ILR holder.

What is your full immigration history?

When I was getting my clearance document 5 years ago my spouse was EU national with permanent residence. Now he is a British citizen.

Fleritta wrote: ↑

Sun Dec 09, 2018 9:11 am

My current visa as a family member of EEA national expires on 11/01/2019.

What does your visa state?
How much did you pay?

My visa states:
residence documentation
Card of family member of an EEA National

I paid £3018 when I completed my online application

I was told since my husband has not got a British passport, I need to apply as a partner or a person settled in the UK. Have I got something wrong?

I meant how much did you pay for your visa previously?

As CR001 said, you appear to be under the EEA Regulations and not under the Immigration rules.

You may have wasted your money.

I have not paid much. £50 or so. It was back in 2013.

I called Home Office and explained my situation but was told that given that my husband is a British national now, I need to apply as a person who is married to a British national.

Unfortunately, you were misinformed. You should have applied for a Permanent residence card.

OMG!!!What will happen now? Will I have my application rejected?

Do I need to re-apply?

Unfortunately, your ILR application cannot succeed under the Immigration rules.

Unreasonably, they won't refund your fees if you cancel your application. Is there any way that you can stop payment?

I paid with my Amex card and can contact them in attempt to cancel the payment.

Could you please let me know where it is written that I need to go via EEA regulation route ?

I was told that from the moment my husband got naturalised I can only apply via the Immigration rules.

You can only apply under the UK immigration rules if you hold a spouse visa issued under the UK immigration rules, which would have been 2 x 2.5 year visas, currently costing £1033 plus £500 Immigration health surcharge.

You don't hold a leave to remain as partner visa under the UK immigration rules.

https://www.gov.uk/uk-family-visa/partner-spouse

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.

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.

https://www.gov.uk/apply-for-a-uk-residence-card

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

Please kindly advise what my steps should be?

- cancel the existing application for Set (M] together with appointment in Croydon
- try to cancel the payment
- submit a new application for a permanent Residence card,

Correct?

When will happen next then?
( provided the rules do not change)
One year after I got i permanent residency card I can apply for naturalisation?

If he lost his EEA/EU nationality by becoming British, then you do have to apply under the Immigration rules. But you don't qualify for ILR directly. I think you should apply for FLR(M) first.

Before the recent judgment, the advice to switch to under the Immigration rules may have been correct.

If he has dual EEA/EU/British nationality, then I think you have a choice of applying for FLR(M) or applying for a Permanent residence card.

Thank you very much for your help. Sorry, I am a bit lost at the moment.

What will be the best way to extend my right to stay in the UK, FLR(M) or a permanent residency card?

Assuming he still has his old EEA/EU nationality, you could apply for a permanent residence card and naturalise as soon as you get it, subject to meeting all the requirements, assuming Brexit doesn't get in the way.

A possible way to get a refund is if your application is invalid under 34A.

Applications

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.
...
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.

Thank you very much vinny for all your help. I highly appreciate it.

Does it mean that it is better for me to continue with my current application and hope for the officer to consider it void. My appointment is scheduled for 27th December, I will try to explain the situation and hope for the best.

I 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.

Vinny, I have one more question.

While waiting for the response on my first application, shall I apply for a permanent residency card in parallel? My current visa expires in mid-January. I am do not want to become an overstayer, have too much to loose - my children...

vinny wrote: ↑

Sun Dec 09, 2018 10:11 pm

I 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.

Then what should I do?

Don’t let them get to the point of processing it. Don’t submit documents nor biometrics for this application? 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.

vinny wrote: ↑

Sun Dec 09, 2018 10:32 pm

Don’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.

So, I should not upload any document or biometrics? And just go to the appointment on 27th without anything in the system, correct?

I wish 27th December were tomorrow.