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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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FLR(M) instead of the EEA2 FORM

Customer Question

"My wife is from the EEA and I am from the outside of EU/UK" - we made our application using  the FLR(M) instead of the EEA2 Form .What is our chances  ?- should I call to withdraw the application? . My visa just expired on the 5th of jan 2013. Thanks

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Please confirm that your wife has not naturalized as a united kingdom citizen?
Customer: replied 1 year ago.

She as just been here for just 3years .so she is still a citzen of the european union.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I see. They will reject the application if you have sent it using form FLR (M). They should probably reject it immediately because it is plainly the wrong form, in which case they would not keep the application fee that you sent with it.

Presumably you require the documentation that you have submitted with it to complete your EEA application and so I would send a withdrawal letter only.

Once the documents have been returned then you should send off your new application straightaway.

You will be fine. Technically your right to remain in the UK derives from your actual marriage to an EEA national, rather than the leave to remain which is granted in the case of a marriage between a UK citizen and a non-eea national. So, your application should be approved once you re-apply.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Hope I would not be regard as overstayer??Thank you

Expert:  Thomas replied 1 year ago.
Hi,

That is my point about how your right to be here derives. It derives from your marriage and not from having a stamp on your passport. Because you are married to an EEA national you immediately have the right once you are married to be here. It's not the same as a spouse visa or a work visa, it's different.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

Can you help me and give me the link for the correct application form?


Thank you.

Expert:  Thomas replied 1 year ago.
Did you come here on a family permit?

Tom
Customer: replied 1 year ago.

no a psw

Expert:  Thomas replied 1 year ago.
Hi

I will be able to answer in 30 mins. I have a meeting now.
Tom
Expert:  Thomas replied 1 year ago.
Hi,

YOu should apply for a Residence Card. Which meanst that you must submit Form EEA:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

Please rate my answere now.

Tom
Customer: replied 1 year ago.

Thank you for your time

Expert:  Thomas replied 1 year ago.
You're welcome.

Tom
Customer: replied 1 year ago.

Just 3 question before I add your bonus .

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....I meet someone today and he told me that i can send the EEA2 form to the same address with a cover letter explaining what happened and if they could transfer the case to the EEA case department for continuation .Giving his reasons below

1 )If i withdraw the application direct (which i submitted mid november 2012 ) I would be regard as an overstayer ...Like you mentioned above i have the same right as my wife giving that she is EU national .However, I am employed an working at the moment (if i withdraw the application i would be breaching the uk law because the length which I withdraw application and make a new application )what is my cuurent status at that point ??

2)Secondly what are my chances for an appeal? if i am refused ? on grounds of wrong appplication form.

3)what are my chances if i apply for a fresh EEA2 application form and (based on the Eu law on actual marriage to my wife EEA national)?

Thank you

Expert:  Thomas replied 1 year ago.
I will answer at 9
Customer: replied 1 year ago.

waiting for your reply

Expert:  Thomas replied 1 year ago.
1) You can attempt to do that, but the UKBA is known for it's adminstrative mismanagement so it may take longer for you to get your residence card. It may also be difficult for you to complete the form without access to your documents.

2)You won't get a right of appeal. The application will simply be rejected and returned to you. It's different to a refusal of an application which has been validly submitted. Yours has not been validly submitted.

3) I have already said - your chances are good providing that the UKBA accept the marriage as genuine and credible.

Kind regards

Tom

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