MakingItWork wrote:Hi,
I am now in the process of filling the FLR form for my first extension as a spouse following an initial leave to enter as a fiancee.
The're three questions that so far have me stumped.
1.
3.16 If your sponsor was not British from birth, when did your sponsor obtain settlement?
2.
3.17 On what basis did your sponsor obtain settlement in the UK?
I don't know how to prove that the Irish are considered present and settled
The special status of Irish citizens is not based on a single statute but rather a combination of the Ireland Act 1949 as well as the Common Travel Area provisions, most recently legislated for as part of the Immigration Act 1971. Discussed in a recent Parliamentary paper:
http://researchbriefings.files.parliame ... P-7661.pdf
This must have been looked at as part of the fiancee visa application?
I don't think there's a need to answer anything further than Irish citizen for the second question and for date of obtaining settlement, it should normally be whenever he commenced residence in the United Kingdom. Does he have any intention to take out British citizenship when eligible?
3. 5.2 When did you first enter the UK?
Should this be when I first entered on the fiancee visa or my initial entry as a student?
Any help is highly appreciated. Thanks.
It's not clear which is the "better" answer (there is no detail in the guidance notes) but I would think that if you were in the U.K. as a student immediately prior to getting a fiancee visa, then it may be best to put the original date in. You may wish to add a covering letter with these details. Others may have better suggestions.
Also- for your partner, if he has to send in his Irish passport with your application, he can still get a passport card for use in the EEA/Switzerland:
https://www.dfa.ie/passportcard/
This is not intended to be legal or professional advice in any jurisdiction.