PR Refused split from wife - ROR

[singhpr2]

after reading number of post on this site and seeing people giving expert advice I have decided to post my predicament, any help or advice will be much appreciated.

I am a non EU family member of a EU national. got married in May 2011 and got my residency permit in Oct 2011. I am still in a marriage with my EU national and coming to a 5 year point in our marriage in May 2016. as my residency permit runs out in Oct 2016 but understanding from the EU regulations I can apply for confirmation of my permanent residency after being in marriage for 5 years, provided my spouse exercises the treaty rights. her work history is as follows.
Jan 2011 to Sep 2012: working
Oct 2012 to Oct 2013: register in job centre and looking for jobs. also did two vocational training courses during this time.
Oct 2013 to Feb 2014: working
March 2014 to may 2014: looking for job
may 2014 to present: working.

My Questions are as follows...
1) Should I get my wife to apply for a permanent residency for herself and if she receives one then I apply for confirmation of my permanent residency based on her residency. The reason for this thought is it will mean lot less paper work the second time I apply for confirmation of my residency permit or should I wait till May and only apply for confirmation of my residency permit. My wife is not too fussed on getting a permanent residency for herself but would not mind doing it if it helps my application. any thoughts or advice on this please?

2) She has been living in the UK continuous for last 8 years but had small employment gaps before we got married so she would only like to present her last 5 years work history to the home office.However,as you can see from the work history above she had first break from working[Oct 2012 to Oct 2013: register in job centre and looking for jobs. also did two vocational training courses during this time] and then a two months break [March 2014 to may 2014: looking for job]. my question is how does these two breaks impact her application considering we did not get a comprehensive health insurance as were not aware of it, she does not even have a EHIC card from her country. I will get a private health care from my employer this year in March and will add her as a family member. while she was not working I was paying all the bills and can prove that through the past bills, however I did not use to transfer any money into her account during that time and she did not have any savings at that time( from self sufficient prospective).

Any help or advice on the above questions will be much appreciated and i would like to take you advice before i make the application.

Many thanks in advance for your time and help.

Prit

[noajthan]

...

My Questions are as follows...
1) Should I get my wife to apply for a permanent residency for herself and if she receives one then I apply for confirmation of my permanent residency based on her residency. The reason for this thought is it will mean lot less paper work the second time I apply for confirmation of my residency permit or should I wait till May and only apply for confirmation of my residency permit. My wife is not too fussed on getting a permanent residency for herself but would not mind doing it if it helps my application. any thoughts or advice on this please?

2) She has been living in the UK continuous for last 8 years but had small employment gaps before we got married so she would only like to present her last 5 years work history to the home office.However,as you can see from the work history above she had first break from working[Oct 2012 to Oct 2013: register in job centre and looking for jobs. also did two vocational training courses during this time] and then a two months break [March 2014 to may 2014: looking for job]. my question is how does these two breaks impact her application considering we did not get a comprehensive health insurance as were not aware of it, she does not even have a EHIC card from her country. I will get a private health care from my employer this year in March and will add her as a family member. while she was not working I was paying all the bills and can prove that through the past bills, however I did not use to transfer any money into her account during that time and she did not have any savings at that time( from self sufficient prospective).

Any help or advice on the above questions will be much appreciated and i would like to take you advice before i make the application.

Many thanks in advance for your time and help.

Prit

1) Wife can apply for confirmation of PR.
You can apply after May.

Or wait until May (your 5th anniversary) & apply for confirmation of PR together.

2) Jobseekers don't need CSI.
Also, if on vocational training, wife can make a case she retained 'worker status'. Again no CSI required.

The apparent year of jobseeking may raise caseworker's eyebrows & generate questions from HO, ie Oct 2012 to Oct 2013.
Hopefully the periods of vocational training occupied a good part of that.

The alternative to 'jobseeking' status would be to claim 'self-sufficient status' (eg during Oct 2012 to Oct 2013 &/or in 2014).
But for that to stick CSI would have been needed.

In the end it's all about being a qualified person continuously for the 5 years & having no unexplained gaps.

And all about the quality of the documentary supporting evidence which should be unimpeachable - don't leave HO any 'wriggle room'.

[singhpr2]

Thanks for reply Noajthan.

So my current situation is :
Applied for EEA3 and EEA4 on the same application.
Application sent on 26/05/2016
Received by H/O on 27/05.
Money taken on 31/05/2016
Acknowledgment letter .. still waiting.
The vocational training periods were fairly small like two weeks and 4 weeks. I have submitted the job center looking for a job booklet with entries for job application covering the time when my wife was looking for job. I am just keeping my fingers crossed and could not have gone down self sufficient route ( no CSI).

I have one question and i hope you ( or someone in the forum) can advise.
After sending the application we received an important letter from a previous employer that we would like to attach to our applications. should we wait for case id to be generated first and come through via acknowledgment letter and use the case id to send the evidence? would it slow down the progress of the case?

[singhpr2]

Hello Fellow forum members,
I have been a silent follower for a while and have seen many brilliant suggestions and solutions proposed by the members on this forum. I am looking forward to you all for some guidance and suggestions. My story is quite straight forward.

I am a non eea family member married to a EEA national since 05/2011. in 2016 i applied for PR along with my spouse which was refused and i appealed against the decision. The appeal hearing has been set for 02/2018....tell me about the wait huh . During this time i applied for a new residency document and was successfully issued a new residency card with 5 years validity. During last one year my life has almost turned upside down. Me and my wife decided to split up(on good terms) and have just started divorce proceedings, also she is pregnant with my child. I have tried to work out this relationship but all in vain and this relationship is going no where. we have behaved like adults and decided going our separate ways is best for us. we have planned what role i would play in upbringing of the child etc.

I have contacted a solicitor to get advice on my next best options and what i have been advised i am not sure if its possible and wants to get your opinion and suggestions.

The advice of my solicitor is to get descree absolute before the hearing and not inform the HO till the day of the hearing ( anyways the divorce proceedings take upto 5/6 months). Furthermore still go ahead for appeal against decision of HM of refusal of the PR application even if we are not together anymore. I understand we would be appealing the decision that was made considering our circumstances in 2016 when we were still in a marriage. I have been advice the court has only two possible outcome in my case
1) Grant me PR
2) Grant me ROR - my question is can judge do this, i thought its only upto HO to deal with change in circumstances and issue ROR.

furthermore, i have been thinking about the below and just want some help with below questions.
1) During the time descree absolute is issued my ex would be on maternity leave, could this have any adverse effect on my application for ROR ?
2) What kind of evidence should i be concentrating on collecting during the time my ex would be on maternity leave.

i will be very grateful to you all for your support in this time of ambiguity. I dont want to blindly believe my solicitor and make uninformed decisions. Please share your thoughts, suggestions and insights from similar case of have seen/heard.

Many thanks in advance.