Switching to Spouse Visa after doing SSR
May 5th 2017, 9:21 pm
#1
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Switching to Spouse Visa after doing SSR
Our family entered the UK through the SS route last year after spending almost a year in Ireland. The non-eu family members now have UK RC but I have been advised by a lawyer that since my husband (Non-EU) is making above the financial requirement for himself and three children to qualify, that we should apply for the spouse visa route from within the UK. I (the Brit) am not working so it would just be his income that would be taken into account. Has anyone done this before? I know it is costly but with the uncertainty of Brexit, some fear that there could be issues when the time comes to apply for PR.
Thanks.
Thanks.
May 5th 2017, 10:00 pm
#2
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Re: Switching to Spouse Visa after doing SSR
My understanding of the SS route is that it's based on the British citizen sponsor exercising their Treaty rights whilst in another EU/EEA country before they return to the UK with their non-EU/EEA family member. That you are not working now should be irrelevant as a British citizen cannot exercise Treaty rights in their own country.
May 5th 2017, 10:01 pm
#3
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Re: Switching to Spouse Visa after doing SSR
I find this an interesting scenario:
-The non British/non EU spouse entered the UK based on him living in Ireland with British wife and using the SS route.
- The non EU spouse now has a UK resident card presumably
- His British wife does not work, but the non EU spouse does.
- They are getting advice from a lawyer to apply for a spouse visa.
However, two concerns immediately come to mind:
- the application will be based on the non British spouse's income (whereas a spouse visa is normally gained based on the British citizen's income). So the applicant is, in practical terms, sponsoring his own application?
- the spouse visa is being applied for from within the UK
I'm afraid I have no advice to give in this situation, as switching from an EU Family permit is not one I have heard of, but would like to hear from anyone else who does.
-The non British/non EU spouse entered the UK based on him living in Ireland with British wife and using the SS route.
- The non EU spouse now has a UK resident card presumably
- His British wife does not work, but the non EU spouse does.
- They are getting advice from a lawyer to apply for a spouse visa.
However, two concerns immediately come to mind:
- the application will be based on the non British spouse's income (whereas a spouse visa is normally gained based on the British citizen's income). So the applicant is, in practical terms, sponsoring his own application?
- the spouse visa is being applied for from within the UK
I'm afraid I have no advice to give in this situation, as switching from an EU Family permit is not one I have heard of, but would like to hear from anyone else who does.
May 5th 2017, 10:08 pm
#4
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Re: Switching to Spouse Visa after doing SSR
Just to clarify, your husband has also been granted an EEA residence card?
May 5th 2017, 10:19 pm
#5
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Re: Switching to Spouse Visa after doing SSR
May 5th 2017, 10:22 pm
#6
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Re: Switching to Spouse Visa after doing SSR
Thank you for your responses.
Yes my husband has an EEA residence card.
Yes I do agree that I found it interesting also and had never heard about this until the lawyer informed us.
Yes my husband has an EEA residence card.
Yes I do agree that I found it interesting also and had never heard about this until the lawyer informed us.
May 5th 2017, 10:23 pm
#7
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Re: Switching to Spouse Visa after doing SSR
May 5th 2017, 10:40 pm
#8
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Re: Switching to Spouse Visa after doing SSR
Eligibility
You’re eligible if both:
- you’ve lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period
- your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence
You can also get permanent residence if you’ve lived in the UK for a continuous period of 5 years:
- as the extended family member of an EEA national and you’ve held a valid EEA family permit or residence card throughout
- first as the family member of an EEA national and then with a retained right of residence
- as the family member of the relevant British citizen, if you entered the UK under the 'Surinder Singh' route
You’re eligible if both:
- you’ve lived with your European Economic Area (EEA) family member in the UK for a continuous 5 year period
- your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence
You can also get permanent residence if you’ve lived in the UK for a continuous period of 5 years:
- as the extended family member of an EEA national and you’ve held a valid EEA family permit or residence card throughout
- first as the family member of an EEA national and then with a retained right of residence
- as the family member of the relevant British citizen, if you entered the UK under the 'Surinder Singh' route
May 6th 2017, 12:15 am
#9
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Re: Switching to Spouse Visa after doing SSR
Having researched a bit about this situation it would appear that moving from EU family permit to spouse visa is perfectly feasible, even if British spouse cannot meet the financial requirements.
This is because, as per Appendix FM 1.7 where the applicant is legally residing in the UK and able to work, their income is eligible to qualify for the financial requirements. The non Brit spouse in this situation is earning enough to cover himself and his dependent children.
It would appear that FLR(M) is the way to go ..........
(this is just my humble opinion though ...
)
This is because, as per Appendix FM 1.7 where the applicant is legally residing in the UK and able to work, their income is eligible to qualify for the financial requirements. The non Brit spouse in this situation is earning enough to cover himself and his dependent children.
It would appear that FLR(M) is the way to go ..........
(this is just my humble opinion though ...
)
May 6th 2017, 12:38 am
#10
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Switching to Spouse Visa after doing SSR
Having researched a bit about this situation it would appear that moving from EU family permit to spouse visa is perfectly feasible, even if British spouse cannot meet the financial requirements.
This is because, as per Appendix FM 1.7 where the applicant is legally residing in the UK and able to work, their income is eligible to qualify for the financial requirements. The non Brit spouse in this situation is earning enough to cover himself and his dependent children.
It would appear that FLR(M) is the way to go ..........
(this is just my humble opinion though ...)
This is because, as per Appendix FM 1.7 where the applicant is legally residing in the UK and able to work, their income is eligible to qualify for the financial requirements. The non Brit spouse in this situation is earning enough to cover himself and his dependent children.
It would appear that FLR(M) is the way to go ..........
(this is just my humble opinion though ...
)
May 6th 2017, 12:42 am
#11
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Re: Switching to Spouse Visa after doing SSR
The OP is worried about Brexit........ a possible risk of not being able to gain permanent residency in a few years time....... ??
May 6th 2017, 12:45 am
#12
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Re: Switching to Spouse Visa after doing SSR
May 6th 2017, 9:15 am
#13
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Location: Not in Paris
Posts: 18,194
Re: Switching to Spouse Visa after doing SSR
I think the OP is worried that with Brexit , the rules re EEA permits may change as we know the Government has indicated it is looking to close the SSR method of entry. however, it is not likely to be retrospective and will apply only after Brexit, so new applicants will HAVE to go the Spouse visa route.Exisiting SSR residents will be allowed to stay and convert to PR in due course. Hopefully this will be the scenario , but who knows?
