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17 months absence EU citizen
Posted: Tue Apr 08, 2014 11:53 pm
by helix1
hi all
after long furstrated wait, my appeal heared today and was disaster, seems like i lost, cos of my wife's 17 month absence in Uk, dont know what to do now, if i can apply for another 5 years residence, or they will kick me off country
Re: 17 months absence EU citizen
Posted: Wed Apr 09, 2014 7:37 am
by dalebutt
If your wife is a qualified person, you are entitled to submit a new application, it is not something to be get worked up about.
Re: 17 months absence EU citizen
Posted: Sun May 11, 2014 12:34 am
by helix1
how will i do that? pr refused and i lost first tribunal, what my position now? illegal person or they will keep hassling me by Capita?
Re: 17 months absence EU citizen
Posted: Sun May 11, 2014 10:02 am
by Imshzd
If you are still married and your wife is resided in the uk and a qualified person under EU regulations then does not matter if your PR and appeal were denied.
Simply apply new RC is the best solution.
Re: 17 months absence EU citizen
Posted: Mon May 12, 2014 10:14 am
by chaoclive
helix1 wrote:how will i do that? pr refused and i lost first tribunal, what my position now? illegal person or they will keep hassling me by Capita?
Apply again - Dalebutt has already told you what you need to do.
Once you apply again you will get a COA. That means you don't need to worry about anything until your case has been decided.
I don't see what the problem is.
You won't get PR now, but that was going to be impossible anyway with an absence of 17 months when you were not meant to be in the UK. Remember your right to be in the UK is related to hers. If she is not there, you shouldn't be either! I really don't know why you went ahead with an appeal. The rules are as clear as can be.
If your wife is working (or exercising treaty rights in another way) now you will be fine, otherwise, prepare for trouble. Get an application in and you will be fine.
Re: 17 months absence EU citizen
Posted: Mon May 12, 2014 7:33 pm
by helix1
Yes she is living and working at the moment but she does not give any paper that's problem.
Re: 17 months absence EU citizen
Posted: Wed May 28, 2014 5:02 pm
by allenboo
[quote="helix1"]hi all
Did you tell the court and home office that your wife was 17 months absence in the UK, or did home office find this out themselves.
Re: 17 months absence EU citizen
Posted: Mon Oct 06, 2014 1:46 am
by helix1
Hi
my pr refused and i lost first tribunal, after 5 years waiting for PR, just because my partner 17 months absence even i have done all my papers legally, now divorce processed and will ended end of october absulate, should i apply for rataining right or just claim my passport from immigration and go back my country? if i leave voluntarly is there any chance to reenter to uk?
it will be helpfull in any answer
thank you