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My PR has been refused because my wife`s passport has expired. My solicitor has lodged the appeal and the date is yet to be fixed.My solicitor has also advised me to file for divorce, withdraw the appeal and make fresh application after I receive the decree absolute.Please I need your advice as I am confused about the whole situation. I have already proved to HO that we lived for continues 5 years and HO acknowledged that after their investigation. I do not know how long the divorce proceedings will take and if everything is finalised how long the fresh application will take having already spent one year and three months of the previous application. Urgent help please.

troubled wrote:we lived for continues 5 years and HO acknowledged that after their investigation. .

was she exercising her treaty right in all that time (working?) , did they actually say it because the passport has expired?

vegeta_2009 wrote:

troubled wrote:we lived for continues 5 years and HO acknowledged that after their investigation. .

was she exercising her treaty right in all that time (working?) , did they actually say it because the passport has expired?

Why did your solicitor advise you to file for a divorce instead of asking your wife to renew her passport for you. I guess you need to give more information about your case to be able to get a useful advise fron the forum.

Thanks Vegeta_2009 and yusfaith for your response.You can refer to my earlier posting EEA4 REFUSED BECAUSE SPOUSE PASSPORT HAS EXPIRED. First and foremost ,my wife and I have been exercising the treaty right for continues 5 years and HO acknowledged that. We had misunderstanding because of her infidelity. She decided not to support me anymore of my application hence refusing to renew the passport.She has left UK and gone to France.I have tried on several occasions to contact her but her phone always go to voicemail without reply.I have sent countless number of emails to her but no reply so it is diffucult to rely on her at this crucial moment that is why my solicitor is advising we should cut her from the whole process since I qualify on my own right. So please continue to share your vast experiences with me Thank you

How did she return to France without a valid passport?

And, if u r separated, as you are, and ur wife has left the UK, don't you have to too?

Thanks for your question Wanderer,my wife travelled on her French national ID card which is valid as passport if travelling within EU countries.She normally uses the ID card which is most convenient to carry than passport.With regards to me moving too my resident card had expired already so I cannot travel without a valid visa.Moreover,I qualify for PR in UK so why moving to start afresh elsewhere? Help with advice if you have any.Thank you

you can go throught the route of Rentaining your rights, i think this is what your solicitor means, but before you do that, bear in mind that you still still need her passport or id for EEA4 (this is why Rentention of rights route might make better sense).

did your wife's passport expire before the 5 years were up or after?