If you had assumed that I was writing grammatically, you would know it was hypothetical. However, if you consider how easy it is to do a visa run that would make an EEA national lawfully resident for 3 months, it would not be a total shock if such a concession were made. How's the Home Office going to react if they start getting supermarket debit card receipts from Dundalk as part of FLR(M) applications? (That's just using EU law, not any of the lesser known quirks of British law.) It'll be a new version of the old administrative nightmare of working out whether Irishman have a qualifying CTA entitlement.Casa wrote:As you have already commented in a previous post "If she has not achieved PR, she is currently here in breach of the immigration laws and is present in the UK unlawfully"
FLR(M) is only applicable when the applicant has a legal status in the UK. Has there been an 'unannounced concession' or is this hypothetical?
Agreed. What I said was that if an FLR(M) application fails, it is then reassessed as a FLR(FP) application.Casa wrote:It is a misconception that if a FLR(M) application fails, FLR(FP) is automatically issued.
"Insurmountable circumstances" is not the test for children leaving. However, I have just been reading the August 2015 instructions Family Life (as a Partner or Parent) and Private Life: 10-Year Routes, which is the version currently referenced from Chapter 08: appendix FM family members (immigration directorate instructions). They are rather harsher than (and definitely different to) the last instructions or HO guidance I read. They now give very little indication that it would be unreasonable to require a British-Czech family with children to split or go, say, to the Republic of Ireland. Previously, barring other considerations, it would have been 'unreasonable' to expect a British child to leave the UK, but now it is merely 'unreasonable' to expect a British child to leave the EU. If the UK leaves the EEA, then this limited degree of anchoring will be lost, and I am not sure how much Zambrano applies within the EEA but outside the EU.Casa wrote:Each case is decided on an individual basis, taking into consideration issues such as whether it would be unreasonable with "insurmountable circumstances” to expect the British children to leave the UK with their parents.
It looks as though one of the fallback options has to be to do a visa run to get legal and then submit FLR(M) before the UK. I think the critical date is the date of application; the courts have taken a dim view of applications being refused simply because they weren't considered in time.