Switch from T1(E) into RC as EEA FM

[pameluccia]

Dear all,

I've done a lot of search on the Internet and on this website specially but I haven't found similar cases like mine. Hence I post a new topic hoping to get some advice.

Here is my situation:
1. My T1(E) visa expires End of Feb 2017. Business performance is not too good.
2. My EEA partner and I will give notice to the register office this week to get married in the UK. We hope to switch to EEA FM RC within the UK so that I can avoid the risk of the refusal of T1(E) extension and save the expensive extension fees and use it on wedding ceremonies in our home countries instead.

Now my concerns are:
1. Am I allowed to switch to EEA FM RC within the UK? I haven't found any info on gov.uk stating that I cannot but I heard that they have requirements for remaining duration of stay in order to switch to RC for T4 visa holders. Hence I would like to ask if there are hidden requirements like that for T1.

2. Would HO reject the application just because I'm supposed to be on T1, or on the basis that my partner sent out his registration certificate application last week and now this same person is marrying a non-EEA national who would then switch a soon expiring T1(E) visa to a EEA FM RC?

I don't know if I am scaring myself but with HO having such hostility to all migrants I think I'm right to worry.

I would be highly appreciative if anyone can please kindly advise on this issue.

[noajthan]

1) A RC is not a 'visa'.
Its only possible to apply for the optional RC from within UK.

2) Refusal on tthose grounds - no.
If you (and spouse/sponsor) meet requirements you should be issued the optional and merely confirmatory RC.

[pameluccia]

1) A RC is not a 'visa'.
Its only possible to apply for the optional RC from within UK.

2) Refusal on tthose grounds - no.
If you (and spouse/sponsor) meet requirements you should be issued the optional and merely confirmatory RC.

Thank you noajthan.

May I double check if that means: if the requirements are fulfilled I should be issued the RC, and I can still choose to extend the T1 visa, if I don't I will just rely on RC to stay in the UK?

Someone says that for me as a non EEA national to apply for a RC I will still need to supply similar documents as T1 extension, is that true? Or is it just a suggestion to ensure the success rate?

Many thanks again!

[Wise]

That is not true, all you need is EU ID AND YOURS, proof of your relationship,treaty right of your spouse from the date of marriage and proof that you both live under the same roof. Once you switch your previous immigration status is gone to one side and your spouse should never try to become British until after you secure permanent resident in UK otherwise you back to zero status again.

[noajthan]

1) A RC is not a 'visa'.
Its only possible to apply for the optional RC from within UK.

2) Refusal on tthose grounds - no.
If you (and spouse/sponsor) meet requirements you should be issued the optional and merely confirmatory RC.

Thank you noajthan.

May I double check if that means: if the requirements are fulfilled I should be issued the RC, and I can still choose to extend the T1 visa, if I don't I will just rely on RC to stay in the UK?

Someone says that for me as a non EEA national to apply for a RC I will still need to supply similar documents as T1 extension, is that true? Or is it just a suggestion to ensure the success rate?

Many thanks again!

RC is not a visa. And nothing to do with 'business'.
You need to get up to speed on this stuff.

EU migration route is not same as UK route.
Don't listen to those people, you can't pick and mix here.

Be aware if switching to EU route you don't have time to acquire PR in the normal way.

You can't game the system, just meet requirements, apply, get RC - that's it.

[pameluccia]

Thank you noajthan and wise for clarifying the issue for me.

It was an immigration lawyer from a firm claimed that I needed to apply for RC with same documents as T1 extension - I can understand why now.

Many thanks again!