application for EEA Permanent residence Card refused

[Bilalz88]

Hi,
I am a non eu dependent child of EEa national, my father has his PR issued on 05/2017.
i entered in the UK on family permit to join my family in UK on 09/2012.
i received my residence card on 06/2013 after 8 months of my application.
i applied for a permanent residence card in 11/2017 (after 5 years and 2 months of my first uk entry).
yesterday received my application back from HO.
They have refused my application and reason of refusal is:

[we have determined that you have not resided in the UK with the EEA national in accordance with these regulations for a continuous period of five years needed to acquire the right to reside in the UK permanently.
In your Application form you declared that you left the UK to study in Pakistan. you provided the following information:
* you entered the UK on 29/09/2012
*you left for pakistan on 08/09/2013 until 02/06/2014 (8 month 24 days).
*you returned to UK for 2 Months
* You left for Pakistan 0n 08/08/2014 until 03/02/2015 (5 Months 24).
Therefore, it is considered that your continuity of residence from the UK was broken by:
An absence from the UK because of study, but this was for longer than the permitted 12 months given by the home Office for exceptional circumstances as defined under regulation 3(2)(c) of the immigration (EEA) regulation 2016. In total your study took you out of the UK for a total time approximately 15 months; while it is acknowledge that you returned for approximately 2 months during your period of study, this time period is too short to be considered as a period of resuming residence in the UK and is treated as a visit during your time studying in Pakistan.
As your continuity was broken, your consideration for permanent residence began again on your return on 03/02/2015.
you have therefore failed to show that you have a permanent right of residence in the UK.]

my sibling who also applied with me got there PR cards but i was refused, i have proved to the HO that i had to go back to Pakistan to complete my 5 years of degree in pharmacy as i was denied by 3 UK universities to continue in year 4 of my remaining education.
anyway HO has accepted that i had a valid reason for going back but they are considering my 2 months of return as a "visit".
now is there anyone who can advice me what are the right steps for me.
i have the right of appeal and i can ask the court to ask home office why they are considering my 2 months of return to uk and reunion with my family as a "Visit", bcas in the above mentioned regulation it is clear that i can stay outside the Uk once for less than 12 months which i did so.
Any helpful reply will be appreciated.
regards

[Obie]

They are wrong to have refused. They really cannot disregard the 2 months when you came in. That is unlawful.

[Wise]

Your caseworker was jealous about your degree course in my opinion (JKG). Again we don't know in what kind of scenario the caseworker can apply their discretion without consulting any senior caseworker on any cases as i can relate to this effect.

By what the casework instruction says, if you're out for more than 6 months in a year and without acceptable exceptional circumstance, that application will be refuse. But only God knows what is their exceptional case.

My opinion/advice is that with what you have posted if you appeal you might lose the battle but if you count you new five years from 3/2/15 when you actually back in the UK for the second time and make fresh application that might succeed for continuous residence in the UK under the regulation.Because no caseworker will refuse you if you're less than 6 month in any year. Assuming you plan your 6 months absents in a year timing correctly this wouldn't have happened.

Please If you challenge them and win, I will like to be the first person to congratulate you. But from my understanding I doubt it.

Good luck.

[vinny]

They really cannot disregard the 2 months when you came in. That is unlawful.

I agree. As a family member, physical presence in the UK is sufficient.

But I'm unsure how this affects Regulation 3? Will it be satisfiable?

[Obie]

It is at least arguable that it will be satisfiable if they don't add the 2-months he was in the UK as period of absence and then aggregate it with the subsequent 5 month and 24 days.

That clearly does not seem right to me.

Seem no regards was had to Babajanov.

http://www.bailii.org/cgi-bin/format.cg ... residence)