FLR (FP) help filing application form

[driftkid]

I am looking for any advice regarding my brother in law’s situation

He applied recently for a permanent Residence Card, which I think he will be unlikely granted, due to unable to provide evidence of exercising treaty right here in UK of his sponsor. I was thinking of applying for a Spouse Visa while he is still in UK will bethe best alternative.

However I have a question about the requirements

“You also need to prove you:

1.have a good knowledge of English
2.can financially support yourself and your dependants

If you don’t meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK”

So here is my question...
They have a child, who is British and and attending the school here in UK, will he can be exempted to the said requirements?

He is non EEA married to sister who is British, living here and worked for more than 5 years,
but my sister cannot prove to be a qualified person. Only worked for 8 months, didn’t apply for jobseeker, and didn’t have CSI

[Casa]

If your sister isn't able to meet the minimum income level of £18,600, your brother-in-law won't qualify for a Spouse visa.

[driftkid]

Any alternative then? It will be really difficult if he go back to the Philippines while he is the one providing for his family, my sister needs him to be here as they have a child who is British as well. There is must be another way? Will the HO will deport him?

[Glory17]

He can apply FLR FP

[Casa]

He can apply FLR FP

FLR(FP) Partner route. 10 year route to settlement (ILR).

https://www.gov.uk/government/publicati ... form-flrfp

[driftkid]

Hi Casa, what does the 10 year route exactly means?

[CR001]

Hi Casa, what does the 10 year route exactly means?

4 x 2.5 year visas before ILR can be applied for.

[driftkid]

So he can’t even apply for that then because he only had Residence Card for 5 years and it is also expired, any other way?

[driftkid]

Can he apply for ILR? In the basis of he worked for 5 years in UK?

[CR001]

Can he apply for ILR? In the basis of he worked for 5 years in UK?

He can't apply for ILR under the UK immigration rules if he has been on the RC under the EEA/EU rules. It is not sufficient to just have 'worked' or 'lived' in the UK for 5 years to qualify for ILR. He must hold the relevant visa category to be able to do so and the EEA/EU route is not one of them for ILR based on 5 years residence.

[driftkid]

I guess the only way for him is to leave her wife and daughter here in UK, and live alone in the Philippines

[CR001]

You have already been advised about the FLR(FP) partner route application. Was there something else you were hoping for or expecting to hear??

[driftkid]

You have already been advised about the FLR(FP) partner route application. Was there something else you were hoping for or expecting to hear??

But FLR (FP) would be 10 year route? And he is only here for 5 years. Sorry for the outburst of emotion. But I am suffering to see my sister giving up her hope already, I know you were only trying to give me advice, and I thank you for that.

[CR001]

His options are limited. He either applies FLR(FP) 10 year partner route OR he leaves the UK and waits till he qualifies for a spouse visa which is a 5 year route to ILR.

FLR(FP) 10 year route can be changed to FLR(M) 5 year route IF he at some point meets the requirements but unfortunately if he cannot meet the requirements under the EEA/EU Residence Card route, then the 5 years already here are likely lost anyway.

[driftkid]

Thank you very much CR001 for enlightening me. I think 5 year route will be the best option. But his income is £18,530 and the requirement is £18,600, would the Home Office will consider it?

He have received the refusal letter, dated 21/6/2018, and giving him 14 days to appeal or reapply, does it mean he needs to apply for the FLR (M) before 4th of July? And his RC expired already last April, while his application is still undecided. And he stopped working when he received the refusal letter.

[CR001]

Thank you very much CR001 for enlightening me. I think 5 year route will be the best option. But his income is £18,530 and the requirement is £18,600, would the Home Office will consider it?

No, they won't. It must be at LEAST £18,600pa.

He have received the refusal letter, dated 21/6/2018, and giving him 14 days to appeal or reapply, does it mean he needs to apply for the FLR (M) before 4th of July? And his RC expired already last April, while his application is still undecided. And he stopped working when he received the refusal letter.

He can try apply FLR(M) if he meets the requirements, has A1 English test and has at least 6 months evidence of payslips and bank statements showing the salary at the required level.

[driftkid]

Hi Casa, after further research and consultation, our only option now is to apply for the 10 years partne route. I should have listened to you at the very first place. I was stupid that I understood that you need 10 years residence before you can apply for the 10 year lartner route, it is all clear to me now, I hope you can guide me with application?

Is it true that there is no requirement for English Test if you apply for 10 year partner route?

Does the residence card considered as a “VISA”? There is some question on the application about any refused visa and overstayed visa, so should I put the details of the refused RC on that question?

The RC expired last April while we were waiting for the result of PRC application but we only received the result 26 of July, does this will conflict the application for FLM (FP)?

[driftkid]

Anyone please?

[driftkid]

Can someone help me please as I am a bit confused? I am currently filing up the online form for FLR FP ( 10 year partner route) in behalf of a family member, he was been refused a PRC recently and now his RC is expired, in the question about if ever he was been refused a visa and leave to remain, should I put the Residence Card details instead? Is Residence Card considered as a Visa or leave to remain?

Any help will be much appreciated

[Casa]

You should include it.

[driftkid]

In visa question or leave to remain?

[driftkid]

Does he needs to pay the IHS?