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PR Refused and first tribunal unsuccessfull

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

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

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helix1
Junior Member
Posts: 71
Joined: Sat Dec 08, 2012 6:05 pm

PR Refused and first tribunal unsuccessfull

Post by helix1 » Mon Jul 07, 2014 1:07 am

Hi all,

my pr application refused cos of my partner's 17 month absence in uk, we married more than 5 years, then applied for first tribunal but again unsuccessfull, me and my partner still working and living in uk,, what should i do?

rosebead
Member of Standing
Posts: 475
Joined: Sun Oct 28, 2012 7:55 am

Re: PR Refused and first tribunal unsuccessfull

Post by rosebead » Mon Jul 07, 2014 10:35 am

No wonder that you lost, I'm afraid appealing was futile. You simply cannot get PR with a 17 month absence. The most that can be allowed is a single 12 month absence in only exceptional circumstances but normally neither you nor your partner can be absent for more than 6 months per year. There is nothing you can do except apply again 5 years from the date that your partner arrived back in the UK.

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: PR Refused and first tribunal unsuccessfull

Post by dalebutt » Mon Jul 07, 2014 10:43 am

As the previous poster had said, it is unlikely that you would have qualified, what was the reason for your wife's absence?

helix1
Junior Member
Posts: 71
Joined: Sat Dec 08, 2012 6:05 pm

Re: PR Refused and first tribunal unsuccessfull

Post by helix1 » Mon Jul 07, 2014 11:54 am

Can I apply for another 5 years on my own independently?

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: PR Refused and first tribunal unsuccessfull

Post by askmeplz82 » Mon Jul 07, 2014 11:57 am

Can I apply for another 5 years on my own independently?

No you can not. You are a family member of an EU national still
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: PR Refused and first tribunal unsuccessfull

Post by dalebutt » Mon Jul 07, 2014 12:00 pm

helix1 wrote:Can I apply for another 5 years on my own independently?
What is the reason for wife's absence?

helix1
Junior Member
Posts: 71
Joined: Sat Dec 08, 2012 6:05 pm

Re: PR Refused and first tribunal unsuccessfull

Post by helix1 » Mon Jul 07, 2014 12:23 pm

She left to country for family issues, if I get divorce can't I apply for my own?

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: PR Refused and first tribunal unsuccessfull

Post by dalebutt » Mon Jul 07, 2014 12:30 pm

You would not qualify in any event if you were to divorce. You need to start counting from when she started exercising treaty rights again till when another 5 years has been completed. The tribunal decision appears correct.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: PR Refused and first tribunal unsuccessfull

Post by Obie » Mon Jul 07, 2014 12:50 pm

Please continue here . OP please opening multiple threads.
Smooth seas do not make skilful sailors

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