EEA or FLR(M)? Which visa category? Which form?

By 1st 4Immigration - #1 UK Immigration Experts -
EEA2 or FLR(M)? Which form to use if you are a spouse/partner of an EU/EEA citizen? FLR(M) form is under British law and should be used by spouses/partners of British citizens; or by spouses/partners of UK permanent residents (ILR holders). It is quicker as Premium service available in Croydon and it leads to Settlement (permanent visa) just after 2 years. The downside is of course a massive UKBA fee of £850 (Premium service). However, 2 days or so and your FLR(M) visa is done.
It's worth remembering that there are proposals to increase the 2 years to 5 years in this category, so spouses/partners of UK citizens and of UK permanent residents will be waiting for 5 years to be eligible for permanent status. Most of such drastic proposals come in force in April, so we suggest to apply now!

EEA2 is for spouses/partners of European citizens (non-UK) and is under the European law. It is free of UK government fees but the downsides are 1) it takes up to 6 months to process it and yours and your partner's passports will be with the UKBA for this period; and 2) the visa (Residence Card) will be for 5 years and you will only get Settlement after 5 years, not 2 as on FLR(M).

To make it more confusing, some people can choose which category is to apply under. Spouses/partners of EU (non-UK) citizens can apply on FLR(M) form if their EU spouse/partner has exercised EU treaty rights in the UK for 5 years. Exercising treaty rights for 5 years gives an EU citizen a status of a permanent resident in the UK (automatically, without having to apply for this status).

Sometimes, it can also be other way around, spouses/partners of UK citizens can apply on EEA2 form if their British partner exercised treaty rights in another EU member state.

You can contact us for more details what exercising treaty rights means as well as other questions. We deal with both categories regularly. For SET(M) we get Premium service appointments every week.

http://www.1st4immigration.com/

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