17 months absence EU citizen

[helix1]

hi all

after long furstrated wait, my appeal heared today and was disaster, seems like i lost, cos of my wife's 17 month absence in Uk, dont know what to do now, if i can apply for another 5 years residence, or they will kick me off country

[dalebutt]

If your wife is a qualified person, you are entitled to submit a new application, it is not something to be get worked up about.

[helix1]

how will i do that? pr refused and i lost first tribunal, what my position now? illegal person or they will keep hassling me by Capita?

[Imshzd]

If you are still married and your wife is resided in the uk and a qualified person under EU regulations then does not matter if your PR and appeal were denied.
Simply apply new RC is the best solution.

[chaoclive]

how will i do that? pr refused and i lost first tribunal, what my position now? illegal person or they will keep hassling me by Capita?

Apply again - Dalebutt has already told you what you need to do.

Once you apply again you will get a COA. That means you don't need to worry about anything until your case has been decided.
I don't see what the problem is.

You won't get PR now, but that was going to be impossible anyway with an absence of 17 months when you were not meant to be in the UK. Remember your right to be in the UK is related to hers. If she is not there, you shouldn't be either! I really don't know why you went ahead with an appeal. The rules are as clear as can be.

If your wife is working (or exercising treaty rights in another way) now you will be fine, otherwise, prepare for trouble. Get an application in and you will be fine.

[helix1]

Yes she is living and working at the moment but she does not give any paper that's problem.

[allenboo]

[quote="helix1"]hi all



Did you tell the court and home office that your wife was 17 months absence in the UK, or did home office find this out themselves.

[helix1]

Hi

my pr refused and i lost first tribunal, after 5 years waiting for PR, just because my partner 17 months absence even i have done all my papers legally, now divorce processed and will ended end of october absulate, should i apply for rataining right or just claim my passport from immigration and go back my country? if i leave voluntarly is there any chance to reenter to uk?

it will be helpfull in any answer

thank you