Page 1 of 1
Lounes case, pre-settlement
Posted: Thu Sep 12, 2019 8:17 pm
by Joun123
Hi everyone
just need help is my first time to post her,
got married to dual EEA/UK citizen in June 2017 and we applied for FLR-m and i got it for 2 yeas and half which will expire in march 2020, after hearing about this Lounes case as my partner still can be treated as EEA, which option is better for me ..
1 apply for FLR-m extension 2.5 years
2 apply to Lounes case for dual EEA/UK citizen's family members
getting EEA family permit will be useful for as i wont have to apply for schengen visa every 6 months as ido travel alot to Europe
second will be cheaper for as i will save almost 2500£ if i apply for extenstion
my partner been in UK since 2009 and working full time up to today with same company and bot BC in 2015
iam living in uk since 2012 was mostly on tier 4 visas until 2017
Re: Lounes case, pre-settlement
Posted: Thu Sep 12, 2019 9:05 pm
by AlexAlex78
I am not an expert and your situation is somehow atypical. What I can say is that I was once on a 5 years working permit and 4 years after I got that permit Romania joined EU. I was planning to apply for indefinite leave to remain after 5 years. Instead of checking, I immediately applied for the EU settlement visa ( can’t remember why was called). This meant I had to wait for another 5 full years before I could apply for the indefinite leave to remain. That was on top of those 4 years spent in the working permit. I was explained that EU laws and UK laws are carried out separately.
If you are considering permanent settlement inthe UK, you may want to check that. I am also unsure if the Lounes route has two stages. If it does, I would bear that in mind with the current brexit saga... as you may be successful in the first stage and get stuck in a limbo.
Somebody who knows more, might be able to contribute a bit better than what I attempted.
switch from FLR-m To EEA\UK Lounes Case
Posted: Thu Sep 12, 2019 11:43 pm
by Joun123
Hi everyone
just need help is my first time to post her,
got married to dual EEA/UK citizen in June 2017 and we applied for FLR-m and i got it for 2 yeas and half which will expire in march 2020, after hearing about this Lounes case as my partner still can be treated as EEA, which option is better for me ..
1 apply for FLR-m extension 2.5 years , or
2 switch to apply Lounes case for dual EEA/UK citizen's family members
getting EEA family permit will be useful as i wont have to apply for schengen visa every 6 months as ido travel alot to Europe
second will be cheaper as i will save almost 2500£ if i apply for extenstion
my partner been in UK since 2009 and working full time up to today with same company and got BC in 2015
iam living in uk since 2012 was mostly on tier 4 visas until 2017
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Fri Sep 13, 2019 6:32 am
by it91
Joun123 wrote: ↑Thu Sep 12, 2019 11:43 pm
Hi everyone
just need help is my first time to post her,
got married to dual EEA/UK citizen in June 2017 and we applied for FLR-m and i got it for 2 yeas and half which will expire in march 2020, after hearing about this Lounes case as my partner still can be treated as EEA, which option is better for me ..
1 apply for FLR-m extension 2.5 years , or
2 switch to apply Lounes case for dual EEA/UK citizen's family members
getting EEA family permit will be useful as i wont have to apply for schengen visa every 6 months as ido travel alot to Europe
second will be cheaper as i will save almost 2500£ if i apply for extenstion
my partner been in UK since 2009 and working full time up to today with same company and got BC in 2015
iam living in uk since 2012 was mostly on tier 4 visas until 2017
I just got my PSS through Lounes Case. It was for FREE, almost no relationship proof needed (apart from marriage certificate) as opppsed to harsh UK immigration requirements, and arrived within a month. I don’t know what else FLR M require, but I am happy that I got 5 years RC using this route for free. I was even able to register my biometrics in the post office with no hassle and money.
Re: Lounes case, pre-settlement
Posted: Fri Sep 13, 2019 8:50 am
by it91
AlexAlex78 wrote: ↑Thu Sep 12, 2019 9:05 pm
I am not an expert and your situation is somehow atypical. What I can say is that I was once on a 5 years working permit and 4 years after I got that permit Romania joined EU. I was planning to apply for indefinite leave to remain after 5 years. Instead of checking, I immediately applied for the EU settlement visa ( can’t remember why was called). This meant I had to wait for another 5 full years before I could apply for the indefinite leave to remain. That was on top of those 4 years spent in the working permit. I was explained that EU laws and UK laws are carried out separately.
If you are considering permanent settlement inthe UK, you may want to check that. I am also unsure if the Lounes route has two stages. If it does, I would bear that in mind with the current brexit saga... as you may be successful in the first stage and get stuck in a limbo.
Somebody who knows more, might be able to contribute a bit better than what I attempted.
Lounes Case is as same as PSS/SS.
If she will get it her immigration clock will statt to tick from the day she’s granted PSS and the previous 2,5 years under UK immigration rules will be erased. But this will save her from so much hassle from preparing a loong list of relationship and financial evidence and a good amount of money, as Settlement Scheme is hassle free and money free.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Fri Sep 13, 2019 2:07 pm
by Joun123
but if im married to EEa national since 2017 and living together this should count as period of the 5 years as family memeber of EEA national and living together of period 5 years continuously by 2022,
means if i change now the count it wont reset to qualify for ILr , and in other case by 2022 ill be already finished 10 years,
this is my main concern now
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Fri Sep 13, 2019 2:11 pm
by CR001
It is not necessary to have the same question running in two different places. I have merged all your posts to this topic which is yours and moved them out of the other general topic.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Fri Sep 13, 2019 7:23 pm
by Joun123
i apologies for that as everything is still confusing for me, thank you for clarification,
still im not sure about what i have to do or if there is someone could give me advice,
thank you everyone for your help.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Fri Sep 13, 2019 10:59 pm
by sfljiaf
As far as I understand, you would still count as having exercised treaty rights from the day you got married to the (dual) EEA citizen (or entered the UK, whichever is later). So you would still qualify for settled status after five years of marriage. BUT, I can't find the posts about this now, so don't count on my word for it. Perhaps someone else can weigh in. Otherwise for an unusual case like this, it can't hurt to talk to a lawyer for an hour - that can be pricey, but still a lot less pricey that paying for FLR-M and ILR needlessly.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Sat Sep 14, 2019 12:33 am
by Obie
Previous residence under the regulations can be aggregated with time spent with pre-settled status, to secure settled status.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Sat Sep 14, 2019 12:59 am
by sfljiaf
Obie wrote: ↑Sat Sep 14, 2019 12:33 am
Previous residence under the regulations can be aggregated with time spent with pre-settled status, to secure settled status.
The issue is that the poster wasn't here under EEA regulations, but had a visa as the spouse of a British citizen as this was before the Lounes ruling (or they weren't aware of the ruling, not sure). So the question is does that time still count as exercising treaty rights, if the British partner also has EEA citizenship.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Sat Sep 14, 2019 10:29 am
by Joun123
and if i apply for pre/settled status, will they issue me new card and if they did is it possible to travel without schengen visa if i got this card as EEA spouse
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Sat Sep 14, 2019 12:39 pm
by Obie
sfljiaf wrote: ↑Sat Sep 14, 2019 12:59 am
Obie wrote: ↑Sat Sep 14, 2019 12:33 am
Previous residence under the regulations can be aggregated with time spent with pre-settled status, to secure settled status.
The issue is that the poster wasn't here under EEA regulations, but had a visa as the spouse of a British citizen as this was before the Lounes ruling (or they weren't aware of the ruling, not sure). So the question is does that time still count as exercising treaty rights, if the British partner also has EEA citizenship.
The fact that the OP did not invoke his EEA rights but choose to apply under national provision cannot in principle preclude him from using those time spent in UK towards PR or settled status.
Unlike in the case of Extended family members, Close family members are not required to have applied under the EEA Regulations to be able to apply for settled status.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Wed Sep 18, 2019 10:13 am
by Joun123
is there anyone got back new Eu pre- settlment RC ,
just wanted to know what is exactly written on it, does it mention "Residence card of a family member of a Union citizen" or in thing similar
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Wed Sep 18, 2019 10:27 am
by CR001
Joun123 wrote: ↑Wed Sep 18, 2019 10:13 am
is there anyone got back new Eu pre- settlment RC ,
just wanted to know what is exactly written on it, does it mention "Residence card of a family member of a Union citizen" or in thing similar
The non EU family pre-settled or settled cards do NOT status this sentence or similar on what other members have posted.
Re: switch from FLR-m To EEA\UK Lounes Case
Posted: Wed Sep 18, 2019 10:39 am
by Joun123
thank you, just wanted to know what does it say exactly, if other members already got it,
in this case i might apply for EEA RC first and then Apply for EU pre-settlment
Lounes Case Self-Employed evidence
Posted: Sun Feb 16, 2020 7:19 pm
by Joun123
hi,
I am non Eu national applying for Eu settlement, my partner dual national eu/British, i got paper form to apply.
i got confused when trying to provide evidence for her exercise treaty rights before she got British nationality, as she lived for 6 years at that time she did not need to apply for permanent residence.
she is living in uk since 2009 and working as contractor, self-employed director of limited company, and she got British citizenship on 2015, and then started to be employed as permanent on 2017,
is easy for me to provide evidence to cover the period of her as employed since 2017 up to this year,
the question is which evidence i can provide to cover period from 2009 to 2016 ?