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Irish and Kenyan. FLR(m) or EEA(fm)?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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MakingItWork
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Irish and Kenyan. FLR(m) or EEA(fm)?

Post by MakingItWork » Wed May 10, 2017 9:57 am

Hello,
I applied for a fiancée visa and received one on the 24th of April.I have since arrived in the UK. It is my understanding that we should get married in the U.K.and apply for an extension within these 6months and we have the relevant appointments i.e. Give notice and marriage ceremony booked.
I am however getting confused as to which visa I should apply for after marriage.
My fiancé is an Irish citizen but residing in the U.K. He hasn't got permanent residence though but is gainfully employed thus exercising treaty rights ... I am non EU.
1. Should I apply for the eea(fm) or the flr (m)? I am confused here as it says the sponsor for an flr should be BC or "settled".
2. Am I right in assuming that whatever fallout happens after the U.K. Leaves the EU will affect us despite which visa I apply for?

Please advice, thanks

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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by CR001 » Wed May 10, 2017 10:24 am

Are you sure you applied for a fiance visa (costs over £1000) and not a marriage visit visa which costs under £100?

A fiance visa requires a BC or settled person to be your sponsor.
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MakingItWork
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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by MakingItWork » Wed May 10, 2017 10:57 am

CR001 wrote:Are you sure you applied for a fiance visa (costs over £1000) and not a marriage visit visa which costs under £100?

A fiance visa requires a BC or settled person to be your sponsor.
A fiance one. Cost about £1500

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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by CR001 » Wed May 10, 2017 11:06 am

Strange. Is your partner dual British/Irish??
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MakingItWork
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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by MakingItWork » Wed May 10, 2017 11:54 am

CR001 wrote:Strange. Is your partner dual British/Irish??
He is Irish. Just been living here for the 3 years because of work. Before we applied for the fiance visa we asked for advice from an immigration lawyer on the suitable visa. Now that i've been reading up i'm getting concerned we got it wrong. I am not sure what the next step should be.

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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by vinny » Wed May 10, 2017 12:47 pm

You have a choice of continuing under the Immigration rules or under the EEA regulations.

Uncertain as to how Brexit will affect things in the latter route.
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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by Obie » Wed May 10, 2017 6:02 pm

The first question is whether the OP is yet to be married or not. If OP has married then VInny's view may well be relevant.

Re Char: I know it may seem strange to you, but that was the only route open to OP. If they were not married or live in a durable relationship, then the only option that was open to OP was the fiance route.

However once they are married, the option of REsidence Card or FLR(M) will come into play.

All EU national save for Irish Citizen are required to have a PR Certificate to sponsor a fiance under the Immigration rules.
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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by vinny » Wed May 10, 2017 10:08 pm

Thanks, Obie. I forgot to preface with "After marrying, ..."
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Re: Irish and Kenyan. FLR(m) or EEA(fm)?

Post by Obie » Wed May 10, 2017 10:14 pm

vinny wrote:Thanks, Obie. I forgot to preface with "After marrying, ..."
Vinny you may well be right in your approach.

On reading OP''s post, she was saying visa to apply for after marriage, so I believe it is perfectly fine to proceed in the way you did.
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