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FLR(m)- sponsor Irish

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Marriage | Unmarried Partners | Fiancé | Ancestry

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MakingItWork
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Posts: 14
Joined: Tue May 02, 2017 10:49 am

FLR(m)- sponsor Irish

Post by MakingItWork » Thu Jun 29, 2017 10:24 am

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 :?

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.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: FLR(m)- sponsor Irish

Post by JAJ » Thu Jun 29, 2017 10:46 pm

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.

MakingItWork
Newly Registered
Posts: 14
Joined: Tue May 02, 2017 10:49 am

Re: FLR(m)- sponsor Irish

Post by MakingItWork » Sat Jul 01, 2017 8:13 pm

Thank you JAJ.
Greatly appreciate the help. I'll be sure to inform on how it goes.
About him wanting British citizenship, he's not sure but maybe. His grandparents are English so that might help him not mind being "British"

Obie
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Location: UK/Ireland
Ireland

Re: FLR(m)- sponsor Irish

Post by Obie » Sat Jul 01, 2017 8:15 pm

You should consider an application under the EEA Regulations, which is cheaper and longer in duration.
Smooth seas do not make skilful sailors

MakingItWork
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Posts: 14
Joined: Tue May 02, 2017 10:49 am

Re: FLR(m)- sponsor Irish

Post by MakingItWork » Sun Jul 02, 2017 12:26 pm

Obie wrote:You should consider an application under the EEA Regulations, which is cheaper and longer in duration.
I agree it's cheaper but not working for 6 months while I wait will be so difficult.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: FLR(m)- sponsor Irish

Post by Obie » Sun Jul 02, 2017 12:37 pm

You will get permission during that 6 month period. You at this present time appear to have automatic right to work.
Smooth seas do not make skilful sailors

MakingItWork
Newly Registered
Posts: 14
Joined: Tue May 02, 2017 10:49 am

Re: FLR(m)- sponsor Irish

Post by MakingItWork » Sun Jul 02, 2017 12:45 pm

Obie wrote:You will get permission during that 6 month period. You at this present time appear to have automatic right to work.
oooh :!: Well this changes things! The only reason we were going the other way was the 6 months thing! Thank you for the help. Much appreciated.

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