Switching from EU route (Surinder Singh) to UK Immigration law rules

The request was refused by Home Office.

Dear Home Office,

I would like to request clarification on the following points:

1.) If a non-EU national is refused a UK Residence Card after successfully entering the UK on a valid EEA Family Permit, what is their legal status in the UK?

2.) As per refusal letters being issued, can a person refused in such circumstances apply for FLR (M) 5-year partner route and if not, why is this being indicated as a possible application route on refusal letters?

3.) If the situation above arises, i.e. entered legally on EEA Family Permit, applied for UKRC before EEA Family Permit expired, UKRC refused, appeal lodged, can a direct family member apply for FLR (M) from within the UK and if not, what the other possibilities when a 6-month old British child is involved?

4.) If a non-EU national applies for FLR (M) from within the UK with the above circumstances and is refused, are they automatically considered under FLR (FP)?

Yours faithfully,

Britgyp

generalimmigrationenquiries, Home Office

Dear Sir/Madam,

 

 

Thank you for your email correspondence of 22 May.

 

We are unable to assist you with your case specific enquiry by email.  The
case workers will provide the information of the status and further
application procedures on the decision letters.  If you need further
clarification, you will need to write to the case worker.

 

For enquiries regarding requirements for leave to remain on the basis of
family life as a partner or parent in accordance with the Appendix FM
please see the link below:

 

[1]https://www.gov.uk/government/uploads/sy...

 

Please note that as the onus is upon the individual customers to ensure
that they satisfy the requirements set out in the guidance material that
accompanies each and every application form, the UK Visas and Immigration
is not able to give, indicate or advise upon the outcome of any such
application prior to it being given full and careful consideration. 
Therefore, you are advised to read through the guidance prior to
submitting a future application.

 

We are unable to advise you any further on your enquiry and you should
seek immigration advice if you need help with permission to stay in the
UK.  Immigration advisers can help you with immigration matters, including
completion of forms and representing you at a tribunal.  The Office of the
Immigration Services Commissioner (OISC) regulates immigration advisers,
which means they must meet certain standards.

 

Please see the link below to find an immigration advisor:

           

[2]https://www.gov.uk/find-an-immigration-a...

 

Yours faithfully,

 

 

Mala  Anand

UK Visas and Immigration

 

 

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Dear generalimmigrationenquiries,

This is not a specific enquiry, but a general one which you have failed to answer. I have edited my questions and would like to ask again:

1.) If a non-EU national is refused a UK Residence Card after successfully entering the UK on a valid EEA Family Permit, what is their legal status in the UK?

2.) As per refusal letters being issued, can a person refused in such circumstances apply for FLR (M) 5-year partner route and if not, why is this being indicated as a possible application route on refusal letters?

If you are unable to give an answer to these general questions, I will have to ask for an internal review.

Yours sincerely,

Britgyp

generalimmigrationenquiries, Home Office

Any queries relating to making an application inside of the UK are not
handled by this mailbox and so you will not receive a response.  If you
have a question about staying in the UK or about an application you have
already submitted inside of the UK please use
[1]https://www.gov.uk/contact-ukvi-inside-o... where you will find
the relevant contact details.

 

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References

Visible links
1. https://www.gov.uk/contact-ukvi-inside-o...