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PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 1:07 am
by helix1
Hi all,
my pr application refused cos of my partner's 17 month absence in uk, we married more than 5 years, then applied for first tribunal but again unsuccessfull, me and my partner still working and living in uk,, what should i do?
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 10:35 am
by rosebead
No wonder that you lost, I'm afraid appealing was futile. You simply cannot get PR with a 17 month absence. The most that can be allowed is a single 12 month absence in only exceptional circumstances but normally neither you nor your partner can be absent for more than 6 months per year. There is nothing you can do except apply again 5 years from the date that your partner arrived back in the UK.
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 10:43 am
by dalebutt
As the previous poster had said, it is unlikely that you would have qualified, what was the reason for your wife's absence?
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 11:54 am
by helix1
Can I apply for another 5 years on my own independently?
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 11:57 am
by askmeplz82
Can I apply for another 5 years on my own independently?
No you can not. You are a family member of an EU national still
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 12:00 pm
by dalebutt
helix1 wrote:Can I apply for another 5 years on my own independently?
What is the reason for wife's absence?
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 12:23 pm
by helix1
She left to country for family issues, if I get divorce can't I apply for my own?
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 12:30 pm
by dalebutt
You would not qualify in any event if you were to divorce. You need to start counting from when she started exercising treaty rights again till when another 5 years has been completed. The tribunal decision appears correct.
Re: PR Refused and first tribunal unsuccessfull
Posted: Mon Jul 07, 2014 12:50 pm
by Obie
Please continue here . OP please opening multiple threads.