Page 1 of 1
Extended family member and PR problem - EU partner left the UK
Posted: Mon Apr 29, 2019 3:55 pm
by dhemholha143
Hi folks.
Can someone please give there candid opinion on how to approach my immigration status.
I currently have an EEA family member, my partner is Dutch, we have been cohabiting for over 4 years prior to granting my application in 2015 which expires in March 2020.
Due to the Brexit situation and loss of her dad, she decided to relocate back home to look after her widowed mum. I made every effort to make her stay but to no avail. Now I cant even find her at the address I knew she live in Rotterdam and shes not answering my phone calls, it's a complete shutdown from her since last August
In November 2018, I made a PR application and notify HO of her whereabouts with reasons. My application was refused with no appeal. Does this new amendment has significant impact on my case and can I request an appeal?
Alternatively what will be your expert advice on my case going forward knowing that my Visa runs out next March.
I look forward to your professional opinion on this.
Re: Extended family member and PR problem - EU partner left the UK
Posted: Mon Apr 29, 2019 3:57 pm
by CR001
If you are unmarried, your rights under the EEA rules ceased on the date your partner left the UK.
Re: Extended family member and PR problem - EU partner left the UK
Posted: Mon Apr 29, 2019 4:29 pm
by skasyap
dhemholha143 wrote: ↑Mon Apr 29, 2019 3:55 pm
Hi folks.
Can someone please give there candid opinion on how to approach my immigration status.
I currently have an EEA family member, my partner is Dutch, we have been cohabiting for over 4 years prior to granting my application in 2015 which expires in March 2020.
Due to the Brexit situation and loss of her dad, she decided to relocate back home to look after her widowed mum. I made every effort to make her stay but to no avail. Now I cant even find her at the address I knew she live in Rotterdam and shes not answering my phone calls, it's a complete shutdown from her since last August
In November 2018, I made a PR application and notify HO of her whereabouts with reasons. My application was refused with no appeal. Does this new amendment has significant impact on my case and can I request an appeal?
Alternatively what will be your expert advice on my case going forward knowing that my Visa runs out next March.
I look forward to your professional opinion on this.
I agree with CR001, and if you dig the letter out which was sent by HO when issued Residence card, it clearly says that you need to inform HO as early as possible if your eu family member has left the country.
Not informing HO could lead to many things but I am guessing you will now classified as over stayer or illegal because your right to stay in UK was over the day your eU national family member left the country.
Even if you decided to go for pre settled status, you will still have to provide id proof for your eu family member.
If I was you, I would inform HO and would not hide anything.
Re: Extended family member and PR problem - EU partner left the UK
Posted: Mon Apr 29, 2019 6:54 pm
by NatCam
Your real problem is that you are an overstayer.
Re: Extended family member and PR problem - EU partner left the UK
Posted: Tue Apr 30, 2019 6:21 am
by dhemholha143
Good morning folks.
Thank you all for your candid opinion,
@Natcam, HO was aware through my supporting statement when I made my application.
I recently sought my MP to intervene, HO informed him that I reapply but seek legal advice.
What could be the way forward is all am asking for.
Re: Extended family member and PR problem - EU partner left the UK
Posted: Tue Apr 30, 2019 10:12 am
by askmeplz82
One my work mate had similar situation like you but I don’t know where he is now . He left ages ago my workplace . Of course he is now a British citizen
His partner left him for Brazil ( she was also Portuguese national )
They lived together from 2010 - 2016
He applied as a durable partner in 2013
Home office issued him RC in 2013
EEA national left the UK in 2016
He applied for PR it was refused because he was short of 2 years ( they calculate from RC issued date )
But his lawyer convinced home office somehow they relationship started from 2010 not 2013 so they should count 5 years cohabitation earlier then RC issued date
Anyway after few months his PR got accepted/ he Didn’t have problem with documents because his wife was working for a law farm