EEA EFM applicant go abroad during the application process?

[erhaben2]

I am an EEA citizen working in the UK since 15 years. My partner and I recently submitted two EEA applications together: One for me for the Permanent residence certificate, she for an EFA unmarried partner application.
She is a north american national.

We were previously married, she got a residence card and we divorced in 2014 with the decree nisi issued 6 months before her 5 year residence card was due to expire (end 2014). We reconciled soon after divorce, and she has been living in north america and in the UK for the past 2 years. Now we want to be together in the UK.

We submitted the applications and she has since received the letter and submitted the required biometric evidence. She had a visa that ran out about 1 month ago, according to the Home Office, she can remain in the UK during the application processing period.

She has been offered a short period of work abroad, and may need to leave before the application is decided (looking at current timelines)

My questions:
1. If she requests her passport back and leave the country for a period of time (is there a maximum?) is the application automatically withdrawn by the Home Office?, or not?

2. If she does not do this and instead requests a document to travel from his embassy to go to her country, if a positive decision is made for the application, does it matter if she is abroad at that time?

3. In the case of a positive decision, can she return to the UK with her passport that I would send to her (I will ensure this follows legal requirements before doing anything)

Thank you for any help, or redirection to similar posts!

[noajthan]

Date of RC is largely irrelevant.

Spouse may have acquired PR before divorce - and may have just held onto it (if continuous absence from UK has been less than 2 years).
How long were you previously married and how long had spouse been in UK (before divorce)?

[erhaben2]

Hi
We were married 4 1/2 years, she moved here in 2007, married 2009. Ex-spouse did not apply for Permanent residence. Now when she entered the UK last time they put a 6 months stamp in passport with no right to return before 6 months time period after that, and the 6 months experired after we submitted the EEA and EEA EFM apps.

[noajthan]

Hi
We were married 4 1/2 years, she moved here in 2007, married 2009. Ex-spouse did not apply for Permanent residence. Now when she entered the UK last time they put a 6 months stamp in passport with no right to return before 6 months time period after that, and the 6 months experired after we submitted the EEA and EEA EFM apps.

So no PR acquired to date then.

If unmarried you will now have to show you have been living in a durable relationship akin to marriage for 2 years.

1) Check option to not cancel/withdraw application on document request.
Note HO may not return passport; I'm not sure what the criteria is but not all non-EEA nationals get them back.

2) No

3) What's passport got to do with it?
afaik applicant will be issued a RC (card).

[erhaben2]

My Partner received a CoA with right to work a month ago, and submitted biometric details.
She will request her passport back via the Return of Documents .gov site.
If the RP is approved when she is abroad, I was advised that she should apply for an EEA Family Permit in her country to be able to return to the UK.

She has overstayed beyond the 6-month Leave to Enter stamp put in her passport, as is permitted while an application is n progress.

My questions:

Will there be any problems exiting the UK after expiration of the 6 month Leave to Enter stamp?

Is there a maximum time period an EFA applicant can be abroad from the UK while an application is pending?

Will return of passport disadvantage the application, besides probably lengthening the period of decision making?

Thank you

[noajthan]

My Partner received a CoA with right to work a month ago, and submitted biometric details.
She will request her passport back via the Return of Documents .gov site.
If the RP is approved when she is abroad, I was advised that she should apply for an EEA Family Permit in her country to be able to return to the UK.

She has overstayed beyond the 6-month Leave to Enter stamp put in her passport, as is permitted while an application is n progress.

My questions:

Will there be any problems exiting the UK after expiration of the 6 month Leave to Enter stamp?

Is there a maximum time period an EFA applicant can be abroad from the UK while an application is pending?

Will return of passport disadvantage the application, besides probably lengthening the period of decision making?

Thank you

1) Possibly, as border official won't know about pending application.

2) Continuity of residence is lost after 6 months. And an EFM applicant doesn't even have residence rights until RC is approved.

3) No, assuming it is returned - which may not happen; even FM return requests can be refused:
http://www.immigrationboards.com/eea-ro ... t#p1413267

Best option: sit tight and wait it out.