HELP NEEDED EEA FLRM ??? PLEASE

[smudge2031]

hi everyone , I am needed sound advice to my dilemma. my situation is that i have a mexican fiancee with our british born son. at the moment she is in mexico with our son. now when she was here last as a 6 month visitor we applied for the COA so we could get married. this took three months and when we got our documents back the certificat wasnt there. we phoned them and they said it was granted but they would not issue another one. Now i am british and i am wondering the best way to go forward. the ideas i have are either : she comes back again on a visitor 6 month stamp and we get married after appling for another COA. then is it possible for her to stay as my wife using either a EEA2 form or a FLRM form, IS THIS POSSIBLE???? if this is not possible then must we go live in France for 6 months with me working and get married there and then return with her and my son using th EEA2 form, IS THIS POSSIBLE? These seem to me to be the only way forward. IF anyone knows a better or easier way please let me know, thanks for reading !!!

[smudge2031]

sorry forgot to say she is 19, therefore cant apply for a fiancee or spouse visa!!

[smudge2031]

I think i was previously told that as she came over as a visitor and we got married, there was no way of her staying her as my wife? is this correct?

[86ti]

As you are British you can only make use of the EEA route if you had exercised your treaty rights previously either by taking up residence and being economical active in another member state, providing services to other member states or being a cross-border worker. (The UK, however, limits these cases even further and only accepts applications under certain conditions.)

This means that the choice of going to France may be a possible option.

[smudge2031]

thanks for reply and i think you are right about the france thing. Ive just been reading on other forums that some people have been here and over stayed visa's, got married to a british citizen and then been granted a FLRM.....??? this for us would be so much easier !! from what i have also read is that you can only apply for a FLRM form if you are here under a different immigration catagory ?? but then this doesnt cover being here as a tourist........ I think if she comes back with our son and we apply for a Certificate of Approval again , get married and then try the FLRM route..... seems to have worked for others ??? or do you think that is too risky?? anyone??

[86ti]

Can't say anything about FLRM because that's not on the EEA route. But your problem is that your fiancee is only 19 and this means you cannot go the UK route as you said and that would include FLRM I suppose. If you want to know more about the latter you probably better ask in the 'Immigration for family members' subforum.