FLR (M) after EEA2

[iamcompletelymad]

Hi,
I have a EEA2 family permit which expires in May 2017 which i had received after marrying my ex which was an european citizen. Divorce was completed few months ago and now I have got married again with my current british partner> i am planning to apply for spouse visa on a premium service. I was a bit confused about the section 2.3 on the new flr form. Cant decide which option is the right one. it would be great if anyone could help.

2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

a) First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

b) Second period of leave to remain (following initial grant of leave to remain).

c) You are making a first application from within the UK but have not previously had leave to enter/remain as a partner.
Or
You delayed your travel to the UK by more than 3 months after the issue of a visa, and have not yet completed the relevant period of time in one of the categories at question 2.1

d) You require further leave to remain to obtain the relevant qualifications to meet the Knowledge of Language and Life in the UK (KoLL) requirements to apply for indefinite leave to remain.

e) You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership. Please explain why in the box below and state when your marriage or civil partnership will take place. ''

(Empty Box )

IF you are applying for any other reason please explain below.

(Empty Box)

I am not sure what i should enter in the empty bos if i dont fall under any of the given option. Any advice would be much appreciated. Thanks

SJD

[CR001]

The problem you have is that your EEA permit is no longer valid as you are divorced now and from your previous posts, it appears your ex has left the UK some time ago or not been a 'qualified person exercising treaty rights', which is probably why you couldn't retain rights of residence. You are effectively without any status now.

FLR(M) likely to fail as you are not currently on a UK immigration route path and you need valid leave to remain to apply for FLR(M).

[seagul]

For marrying UK national the remaining visa must be 6 months left.

[CR001]

For marrying UK national the remaining visa must be 6 months left.

OP has stated they already got married. EEA2 or any RC on the EEA/EU route is NOT a 'visa'.

Where exactly does it state that a person wishing to marry MUST have minimum 6 months left on a visa??

[Casa]

Further to the advice given by CR001, my understanding is that you will have to apply for a Spouse Settlement visa from outside of the UK

https://www.gov.uk/join-family-in-uk/overview

[iamcompletelymad]

For marrying UK national the remaining visa must be 6 months left.

OP has stated they already got married. EEA2 or any RC on the EEA/EU route is NOT a 'visa'.

Where exactly does it state that a person wishing to marry MUST have minimum 6 months left on a visa??

For marrying UK national the remaining visa must be 6 months left.

Further to the advice given by CR001, my understanding is that you will have to apply for a Spouse Settlement visa from outside of the UK

https://www.gov.uk/join-family-in-uk/overview

Thank you all for your reply. AS stated earlier i have already got married and on the FLR M guidance form, it says that you must have 6 months leave to remain to apply for any family visa which i dont think is a major issue as long as i can provide a reason why i havent applied any earlier which is due to not being able to get married any earlier date. If my current status wasnt valid, The home office wouldnt have allowed me to get married and they didnt create any disruption during my notice of marriage which was reffered to the home office for permission.
Can any of you advise me what option should i choose in the 2.3 or what should i enter in the empty box if none of those options relate to my case?

Thanks

[Casa]

The problem is, you're finding the FLR(M) form questions confusing as they don't apply to your situation. As CR001 has advised, you don't have any legal status to extend under the UK Immigration Rules.

[noajthan]

Thank you all for your reply. AS stated earlier i have already got married and on the FLR M guidance form, it says that you must have 6 months leave to remain to apply for any family visa which i dont think is a major issue as long as i can provide a reason why i havent applied any earlier which is due to not being able to get married any earlier date. If my current status wasnt valid, The home office wouldnt have allowed me to get married and they didnt create any disruption during my notice of marriage which was reffered to the home office for permission.
Can any of you advise me what option should i choose in the 2.3 or what should i enter in the empty box if none of those options relate to my case?

Thanks

The challenge is that a FP or RC is not 'leave to remain' under UK Rules as they are issued under EEA Regulations.

If you mean you have a FP then such a permit is liable to be revoked if the family member of an EEA national no longer has the right to reside in UK under EEA Regulations.

If you have a RC, then the Secretary of State may revoke a registration certificate or a residence card or refuse to renew a residence card if the holder of the certificate or card has ceased to have, or never had a right to reside under these Regulations.
For example, on divorce if non-EEA has no RoR.

The position is somewhat unclear if an immigration officer/SoS has not actually revoked the FP/RC despite it being liable to be revoked, ie as per Reg 20, but its clear OP does not currently have leave to remain in UK in any shape or form.:
http://www.eearegulations.co.uk/Latest/ByPage/part4_20.

[vinny]

Here's an example of a refusal.

[iamcompletelymad]

Hi guys i would like to thank you for all your help. I have been granted my flr m visa today for 30 months after months of stress . i went for a premium service and guess i was just lucky.
I would like to request all the gurus to try their best to support cases like mine rather than blocking them from the site. People come here with the tiniest hope that someone would understand them and answer their query rather than judging them and telling them that they will fail. I learnt a very important lesson today that you should never give up hope. There will always be complicated cases like mine and chances would be slim . But if you try to right a wrong and know inside your heart that you might just make it, things will go your way.

Anyway, Please dont take any of this personally and please help and advice lost passengers like me in the future. Take care

BRP granted on 19th december 2016.

[bathanza]

That is fantastic news and thank you for the update.

What we know are the facts that are posted on the HO site and its followed by the letter. The truth is that depending on the caseworker, two exact duplicates of applications can have two different outcomes. That is something that is told many, many times.

Cases like yours give me hope and will regards the success stories in light of what we need to do to fulfil.

May I ask, when did you have your premium appointment? Just recently? Was it decided on the day?

[noajthan]

Hi guys i would like to thank you for all your help. I have been granted my flr m visa today for 30 months after months of stress . i went for a premium service and guess i was just lucky.
I would like to request all the gurus to try their best to support cases like mine rather than blocking them from the site. People come here with the tiniest hope that someone would understand them and answer their query rather than judging them and telling them that they will fail. I learnt a very important lesson today that you should never give up hope. There will always be complicated cases like mine and chances would be slim . But if you try to right a wrong and know inside your heart that you might just make it, things will go your way.

Anyway, Please dont take any of this personally and please help and advice lost passengers like me in the future. Take care

BRP granted on 19th december 2016.

Noone was blocked.
Noone was judged.
Legal status (or lack of it) and probabilities of outcome were discussed.

Anyway, no doubt a load off your mind. The often maligned UKVI evidently stepped up to the mark.

[Obie]

Your success, if FLR(M) was granted, makes no difference to the views expressed by my colleagues earlier. They were very correct on the law and policy.

If you were granted FLR(M) for whatever reasons, then it does not affect the legal views they express.

On the other hand, it may well be the case that it was FLR(FP) that was granted. Have you got kids with the British lady?

[iamcompletelymad]

Hi guys thanks for the reply. No i dont have any kids with the lady. Its just a simple married relationship. I had my premium appontment at 8 am on Monday 10th of december and had to wait till 1 pm for the result. It was a very anxious few hours for me as around 50 people ahead of me had got their reply and i was the only one waiting. I was so relieved when the officer told me that i got the visa. I honestly had no faith i would get it. I guess i was just lucky. Atleast now you guys know that moving from european law to domestic does have a little chance of success.

Can you guys help me with something else?

Thanks

SJD

[iamcompletelymad]

Can you guys please give me a link where i can see what my rights are in terms of travelling in the Eu and travelling in and out of the UK. Do i need a visa ? Do i always have to travel with my spouse or can i travel alone/ friends to an european country? is it necessary for my spouse to be in the country if i am travelling back from India for example. and is there a page where i can find all this information?


Thanks for all your help

[CR001]

You can travel on your own, no need for spouse to travel with you.

For Europe, if you are an Indian national, you will need a Schengen visa. No free travel rights if married to a BC unfortunately. Schengen visa should be issued free of charge though (might be a small charge by the handling agents though).

[iamcompletelymad]

Thanks for your reply. So do i have to apply for a schengan visa everytime i plan to travel a european country? Or is there a way of getting a visa to whole of europe.? And can i get it on arrival or does it have to be applied before travelling? Surely it makes things very complicated as my british spouse can travel anywhere in europe without a visa and it doesnt really make sense for her partner to have to keep applying for visas. I might be wrong but is there an easier way of going around it to avoid millions of application for visas as i m planning to travel to a few european countries in the next few months. . Any advice will be appreciated.

Thanks

[CR001]

Thanks for your reply. So do i have to apply for a schengan visa everytime i plan to travel a european country? Yes, until such time as they issue you a long term visit visa.

Or is there a way of getting a visa to whole of europe.? A Schengen visa covers the whole of Europe or the countries signed up to the Schengen agreement.

And can i get it on arrival or does it have to be applied before travelling? No

Surely it makes things very complicated as my british spouse can travel anywhere in europe without a visa and it doesnt really make sense for her partner to have to keep applying for visas. That is how it is unfortunately.

I might be wrong but is there an easier way of going around it to avoid millions of application for visas as i m planning to travel to a few european countries in the next few months. Apply at the country you are first visiting and submit evidence of all your planned travels and ask for a longer term visa. No guarantee a longer term visa will be granted though. My first Schengen visa (with a British spouse) was only granted for the duration of my intended holiday as an example.

. Any advice will be appreciated.
Thanks

[noajthan]

Thanks for your reply. So do i have to apply for a schengan visa everytime i plan to travel a european country? Or is there a way of getting a visa to whole of europe.? And can i get it on arrival or does it have to be applied before travelling? Surely it makes things very complicated as my british spouse can travel anywhere in europe without a visa and it doesnt really make sense for her partner to have to keep applying for visas. I might be wrong but is there an easier way of going around it to avoid millions of application for visas as i m planning to travel to a few european countries in the next few months. . Any advice will be appreciated.

Thanks

This is the easy way - one visa for whole of Schengen zone.
What a great idea that is - free movement, free travel - what a shame more countries don't subscribe to such ideas.

Welcome to brave new post-Brexit style world.

[iamcompletelymad]

Thank you for your replies. So whats the maximun number of months you can get on a schengen visa?

6 months or a year?


Thanks

[CR001]

It depends on which country you first apply for and also whether you have had a schengen visa previously to show a good track record and compliance with the rules.