Need help, please! from EEA2 to FLR(M)

[tensailee]

Hi, all

My partner (EEA national) just got his "Document certifying permanent residence (under Immigration Regulations (EEA) 2006)". Is his immigration status now "present and settled" under the UK immigration rules? In order words, can I (non-EEA national) apply for further leave to remain using form FLR(M), based on his "permanent residence" status?

Thanks for all your help in advance!

[John]

The answer to your question is "yes"! His status is now "settled" so you can indeed make an application on form FLR(M) .... assuming you are already legally in the UK.

What is your current UK immigration status?

By the way, since 30.04.06, the Permanent Residence status happens automatically as soon as the EEA citizen has exercised their Treaty Rights in the UK for 5 years. So it is now the case that an application on form EEA3 for a Permanent Residence sticker is actually voluntary ... although clearly useful for getting confirmation of the status.

[tensailee]

Thanks for your reply John.
I am possessing both Student visa (valid until Nov 2007), and "EEA Residence Card" (valid until Feb 2010). Hope there won't be any rules such that I won't be able to "go back" to FLR(M) after being admitted under the EEA regulations?

[smalldog]

Normally people here under the EEA regulations are not permitted to change to the UK track and would be required to leave the country to apply for entry clearance. The Home Office's argument is that if you entered the country using EEA rights you were never given "leave to enter" and therefore you can't apply to extend that leave. However, as you appear to have both a student visa and an EEA residence card I'm not sure what would happen if you applied.

[tensailee]

thanks for your reply smalldog.

um.... maybe i should try my luck! it's only 500 pounds (!!)

[housmanc]

Hi,

This is a very interesting and helpful conversation - thanks for posting. I am in a very similar situation - except I do not have the student visa. I entered the UK on a 6 month 'family member of an EEA National' entry clearance and will need to apply under EEA2. However, my partner has just received documentation certifying his permanent residency. I understand that this means I can apply to FLR (M).

1. What happens to my visa status if I return to my home country to switch to FLR (M)? I am currently employed in the UK - will this affect my right to work?

2. When I applied for entry clearance in Oct 06, I told the immigration officer that my partner was a permanent resident and they still issued entry clearance under EU law (rather than UK law) as he is Austrian. Why wouldn't they issue it under UK law? We provided documentation proving he has been excercising his treaty rights for at least 5 years in the UK.

3. Is it that much better to apply with FLR (M) rather than EEA2?

Thanks for your help!

[tensailee]

FLR(M), or in your case, an Entry Clearance based on being spouse of a person "present and settled" in the UK (valid for 2 years), will give you the same right as far as the right to work is concerned.

Main pros of the EEA route:
1. applications are all free.
2. no need to provide financial proof, as long as you or your partner is "exercising treaty rights".

Main cons of the EEA route:
1. have to live with EEA family member for at least 5 years to qualify for permanent reisdence, as opposed to the FLR(M) route which is only 2 years.

[JAJ]

2. When I applied for entry clearance in Oct 06, I told the immigration officer that my partner was a permanent resident and they still issued entry clearance under EU law (rather than UK law) as he is Austrian. Why wouldn't they issue it under UK law? We provided documentation proving he has been excercising his treaty rights for at least 5 years in the UK.

Impossible to say more without knowing all the facts. Did you use the application form for a UK visa? Did you pay the UK-law fee?

If they did not interpret the law correctly, and many front-line staff don't understand more unusual areas of the law (eg they may not have known the new rules for EU/EEA citizens in 2006), you should consider making a complaint to UK visas and ask them to re-open the case if that is what you really want. Of course, that runs the risk of delaying further your wait for ILR.

You need to know that if you have a child born in the UK, that child will automatically be a British citizen based on the father's Permanent Resident status. But the people in the Passport Office may not know the new law either so you should get a letter from the Home Office IND confirming the child's British citizenship.

[Elsaify]

This is really very useful conversation as I have similar case, I am non-EU I came to UK on Sep 2000 as student until May 2005 when I got work permit expiring Nov 2007, my wife is Austrian living in the UK and she is going to have ILR in May 07.

Now my question is similar to yours and I need to make my mined to find the best way to get ILR in the UK

If I got the 5 year residence card using EEA2 under EU regulation, can I apply before the 5 years end using FLR (as spouse to UK citizen) from my home country not from the UK? as i understand from above that i cant do it from the UK?

[JAJ]

If I got the 5 year residence card using EEA2 under EU regulation, can I apply before the 5 years end using FLR (as spouse to UK citizen) from my home country not from the UK? as i understand from above that i cant do it from the UK?

That's the same question you've asked on another thread:
http://www.immigrationboards.com/viewtopic.php?t=13369

[Elsaify]

yes as i am still looking for answer

[JAJ]

yes as i am still looking for answer

Perhaps you need to accept that no-one on an online forum knows the answer. Find yourself a good lawyer.