Switching route - FLR M from inside the UK

[nicola85]

I wonder if anyone can help me please as I am trying to find out information for quite a large number of people. I've just sent a freedom of information request off to UKVI but could take quite some time to come back so thought I would ask on here.

I am trying to find out if it's possible to apply for FLR M from inside the UK. Personally myself and my non eu spouse lived in Cyprus for 5 months before returning to the UK with an article 10 residence card. Technically we should be applying for UKRC but right now the system is a mess and it's taking 8 months for the first application which is normally a refusal, appeals are taking 12-18 months. After recently finding out we are expecting our second baby we have no desire to live life on the edge for the next 18 months without being able to leave the country and let our family see the new addition. I know of a lady who was declined UKRC and who applied last monday for FLR M and got it no problem same day at premium centre, she did have a valid COA from the UKRC application though which obviously confirms the right to stay. I'm trying to find out if she got lucky or it is actually allowed to apply inside and if so do you have to apply for UKRC first to get the COA or is applying with the FP or 6 months family ink dependant stamp enough.

Spoke to a few lawyers who can't answer me as they have no idea. Anyone done this before or can someone give me some more information?

UKVI staff just seem to be reading from a script with a robotic 'you can't change route answer' which is untrue to a certain extent as current UKRC refusals state that applicants can reapply under article 8 UK immigration rules and I know of one who got FLR FP and the one I already mentioned who got FLR M. It's just a lot of money to throw away without being certain.

Thanks for reading.

[vinny]

I'm assuming you are British?

See also Academic debate on status of non-EU family member in UK.

[nicola85]

Yes I am, sorry should have said that.