PR following ROR, with Ex's stay outside UK for 8Months

[SalmaL]

Hello All,

I have question if any of you can help.

I understand it is uncertain times due to Brexit, But I have to ask!!!

I have retained my right of residence following a divorce, I am due to apply for PR as from Oct 2016. however My ex had spent 8 months in France in 2012 (while we were still married), now I had called the HO to inquire and was told that I could not apply in Oct2016 as my Ex had stayed outside the country for 8months.

now my questions are:
-how to proceed forward, when can I apply for my PR?
-Why would I have to justify my ex's absence if I had already retained my right of residence?
-I have been living in the UK for a total of 10years , having had a student visa prior to my marriage, would I qualify to use the 10 years route ?


your advise would be hugely appreciated.

Thank you

[noajthan]

You have to show 5 years of combined treaty rights being exercised - ex's before divorce, yours since ROR.
And absences from UK (for both parties) with prescribed limits.

What was reason for ex's absence?
Usually any absence over 6 months breaks continuity of residence.
A one-off absence for an exceptional reason (military service, pregnancy, placement - or some combination) may be accepted (with evidence).

Switching to 10 year LR is done at discretion. Your EU time element of the 10 years would still have to have been valid (with your/your sponsor exercising treaty rights etc).

Alternately, if you hold off until late 2017 then the absence in 2012 will 'time out'.

[SalmaL]

Hello noajthan,

Thank you ever so much for your reply, I am/have been working ever since I got married , right now I have well paid job, so I can easily cover my side. The only issue I have is ex's absence not sure if that would affect the decision on my application.

He went to work in France to keep his tax contributions up-to-date, to do that he had to continuously work there for over 6months.

since I had already retained my right of residence. do you think I would still be questioned about his absence?

[noajthan]

Hello noajthan,

Thank you ever so much for your reply, I am/have been working ever since I got married , right now I have well paid job, so I can easily cover my side. The only issue I have is ex's absence not sure if that would affect the decision on my application.

He went to work in France to keep his tax contributions up-to-date, to do that he had to continuously work there for over 6months.

since I had already retained my right of residence. do you think I would still be questioned about his absence?

I'm not entirely sure so stand by for other responses.

But if it taken into consideration then simply going abroad to work just for personal reasons is not a good enough reason for an exceptional absence of over 6 months.

[Nimitta]

since I had already retained my right of residence. do you think I would still be questioned about his absence?

Since the day of the divorce your status does not depend on your spouse following the Treaty Rights, but that applies to the period after divorce and cannot be applied retrospectively.