EEA spouse applying under immigration rules

[mbike65]

Hello,

I posted this in the family section, but I think it might be better off in here.

Does anyone know if 4.15 of the European Case Work Instructions, which applies to EEA National Spouses of British Citizens and Settled Persons
making a charged application under the Immigration Rules for leave to remain can be done on-shore?

We have recently returned from Australia. Spouse had ILR before we left but we must now start again. 4.15 seems to suggest we can apply for two-year probationary prior to ILR, but it is not clear where the EEA national needs to be to make the application.( We have now been in-country too long to apply for ILE under the 4-years outside the UK rule)

Thanks

Full text of 4.15 below:

4.15 EEA National Spouses of British Citizens and Settled Persons
An EEA national who is the spouse of a British citizen or settled person may make a charged application under the Immigration Rules for leave to remain despite the fact that they are not required to obtain leave to remain.
The primary reason why an EEA national may choose to do this is so that s/he can obtain permanent residence within 2 years rather than within 5 years. This will then allow him/her to make an application for British citizenship at an earlier stage.
These applications are subject to the normal charges applying to applications made under the Immigration Rules.
In cases where it is clear that an EEA national is applying under the Rules, i.e. a rules based application form has been completed and the appropriate fee has been paid, then the application must be allocated to European Casework, not charged casework. The fee will not be refunded. This is due to the fact that the payment is made for the case to be considered under the Immigration Rules.
If the application is granted, the EEA passport must never be endorsed, as EEA nationals are not required to obtain leave. A registration certificate should be issued if the EEA national qualifies.

[vinny]

It seems clear that a FLR(M) application is possible under these circumstances.

Full text of 4.15 below:

4.15 EEA National Spouses of British Citizens and Settled Persons
An EEA national who is the spouse of a British citizen or settled person may make a charged application under the Immigration Rules for leave to remain despite the fact that they are not required to obtain leave to remain...

However, isn't a "registration certificate" issued under the EEA regulations?

Full text of 4.15 below:

...If the application is granted, the EEA passport must never be endorsed, as EEA nationals are not required to obtain leave. A registration certificate should be issued if the EEA national qualifies.

[Obie]

I was thinking along the same lines vinny, the EEA National will get nothing more than a registration certificate valid for 5 years, at a cost of almost 800 pounds, processed by the european casework directorate. The person will not have ILR after 2 years, but there will be an understanding that his stay in Uk is lawful so long as the marriage subsisted for 2Years.
The only benefit is that OP will obtain British Citizenship in 3 Years, but with the new probationary citizenship in place, there is no certainty, that this will be the case.

[mbike65]

As my wife also holds Australian nationality and passport, maybe it would be best all around if we started again from there!!!!!!

There seems to be a significant inconsistency between uk immigration rules and EEA freedom of movement rules when it comes to EEA spouses of UK citizens compared to non-EEA spouses of UK citizens (or indeed the spouses of UK citizens exercising treaty rights elsewhere in the EEA and subsequently returning to the UK)