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Spouse Visa expired & PR rejected, what to do now!?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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lau22
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Joined: Sat Oct 07, 2017 9:24 pm
Argentina

Spouse Visa expired & PR rejected, what to do now!?

Post by lau22 » Sat Oct 07, 2017 9:50 pm

Hello,
I need help! I am married to an EEA member and been living in the UK for the past 5 years with a spouse visa. After my visa expired I applied for the PR and it was rejected (reason: not enough documents to prove 5 years of uninterrupted work).

I would like to know what should I do now!
Am I “illegal” at the moment? which is the best step to take now that my application has been rejected?
What happens if I leave the country?

Thanks you very much in advance!!

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CR001
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Re: Spouse Visa expired & PR rejected, what to do now!?

Post by CR001 » Sat Oct 07, 2017 10:46 pm

Is your spouse an EU citizen (NOT British)???

Do you have a Spouse Settlement visa or an EEA Residence Card (which is not a 'visa')?

Did you apply for PR or ILR?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Obie
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Re: Spouse Visa expired & PR rejected, what to do now!?

Post by Obie » Sat Oct 07, 2017 11:54 pm

It may help to know what your wife is currently doing, and what she had been doing the 5 years preceding the application.Are you still in a relationship?
Smooth seas do not make skilful sailors

aarshad01
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Re: Spouse Visa expired & PR rejected, what to do now!?

Post by aarshad01 » Sun Oct 08, 2017 12:32 am

lau22 wrote:
Sat Oct 07, 2017 9:50 pm
Hello,
I need help! I am married to an EEA member and been living in the UK for the past 5 years with a spouse visa. After my visa expired I applied for the PR and it was rejected (reason: not enough documents to prove 5 years of uninterrupted work).

I would like to know what should I do now!
Am I “illegal” at the moment? which is the best step to take now that my application has been rejected?
What happens if I leave the country?

Thanks you very much in advance!!
As its looks like youre NON EEA national, if youre partner currently , working....you have to apply again for Residence card for 5 years...better apply with youre wife and go for EEA QP application, which will enable you to keep youre and partner passport with you! through European passport return service, also if youre in rush make a booking in Croydon office for same day service!! lucky if you get appointment !!

lau22
Newly Registered
Posts: 3
Joined: Sat Oct 07, 2017 9:24 pm
Argentina

Re: Spouse Visa expired & PR rejected, what to do now!?

Post by lau22 » Sun Oct 08, 2017 5:04 pm

Hello,
Thank you all!
* My husband is has an EU passport (not British), I am a NON EEA national (Argentinian)
* I have an resident card of a family member of an EEA Nation (the RC has expired already). We are still in a relationship and have two children that were born in the UK.
* Both my husband and myself own our own business
*Applied for the PR and has been rejected.

Can you please someone tell me:
1. Since my RC has expired, what happens if I leave the country and want to enter the UK again?
2. What are my options now that my application has been rejected?
3. Can I work?
4. Which is my legal status?

THANKS IN ADVANCED!!!

Obie
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Location: UK/Ireland
Ireland

Re: Spouse Visa expired & PR rejected, what to do now!?

Post by Obie » Sun Oct 08, 2017 5:08 pm

If indeed you husband has been working for 5 years, then you can appeal against the decision.

You have the choice of also applying for a new residence card, whiles you appeal.

If you appeal, then the right to work exist until the appeal has been decided. If you go overseas you will be able to come back if you are joining and accompanying your husband.
Smooth seas do not make skilful sailors

lau22
Newly Registered
Posts: 3
Joined: Sat Oct 07, 2017 9:24 pm
Argentina

Re: Spouse Visa expired & PR rejected, what to do now!?

Post by lau22 » Sun Oct 08, 2017 7:30 pm

Thank you, do you know what is the difference if I apply for a PR or a EEA QP and which one need to be done first?
Regards

Richard W
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England

Re: Spouse Visa expired & PR rejected, what to do now!?

Post by Richard W » Mon Oct 09, 2017 7:19 am

Obie wrote:
Sun Oct 08, 2017 5:08 pm
If you appeal, then the right to work exist until the appeal has been decided. If you go overseas you will be able to come back if you are joining and accompanying your husband.
Could someone please explain to me where the first right comes from. It reads as though it doesn't simply arise from the presumed fact that the husband is currently a self-employed worker, in which case the right would exist regardless of the result of the appeal.

Does the right to come back and join in general depend on evidence of the husband's self-employment being brought to the airport? (I presume that entry accompanying the husband would be covered by his right of initial residence for 3 months.) I presume the ability to board a plane bound for the UK depends on the OP's being Argentinian.

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