Navaro2 wrote: ↑Fri Sep 15, 2017 5:46 pm
I found that if she wants to apply for a spouse visa in the UK then she needs to be on entry visa like 6 months.
The thing is that she has EEA residence permit which will end in June but home Office said it is no longer valid and she has to leave to apply from outside and re enter.
Can she apply for spouse visa in the UK without leaving the country somehow?
I believe she can. The immediate problem is the immigration status requirements for 'further' leave to remain:
Immigration status requirements wrote:
E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK –
(a) on temporary admission or temporary release, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.
Note that if she had leave to remain, it would have to have been granted for
more than 6 months.
Section EX: Exceptions to certain eligibility requirements for leave to remain as a partner or parent wrote:
EX.1. This paragraph applies if
(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) taking into account their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK; or
(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.
EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.
You would satisfy the immigration status requirement by quoting EX.1(a). It may be worth pointing out that the relationship between mother and daughter was formed while your wife was lawfully resident in the UK, i.e. before you became British. The application form is FLR(M) - it looks from the Immigration Rules as though you may actually qualify for the 5-year route, rather than being forced down to the 10-year route, though the alleged internal guidance seems to say you should be on the 10-year route.
It will be interesting to see the rules for the settled status for EU nationals. If they be as described, then your will wife will qualify for settlement under those new rules. There's also a reasonable hope that the eagerly awaited Toufik Lounes judgement will mean that your wife
is still lawfully resident in the UK.
