Can I apply for PR after 5th marriage aniversary?

[rakhalbalok786]

Hi guys,
Please help me with my question,I came uk 2007 as a student during study I met a Spanish girl in 2008 ,from october 2009 we started living together and june 2010 we got married,but my visa was due to expire by april 2010 so my lawer made an application as a fiancee and after marriage I send my marriage certificate to the HO, but the HO wasn't replying anything thats why I went to my local MP, after MP's request they sent me the 5years residency document in march 2011, it will expire in march 2016.In the year 2014 she went to spain to attend a 6 month long training course after finishing she returned to uk,we both working and living together.

Recently I have visited three lawer about my PR application,only one told me that I can apply for PR in june 2015 and two other told me I can apply only after february 2016 .so I am very much confused and worried now.Because our relationship is about to break.

my question is
1)Am I eligible to apply for PR in june 2015?

[Obie]

You should be able to apply in June 2015, provided there has been a continuous exercise of treaty rights in the preceding 5 years prior to your application.

[rakhalbalok786]

Thanks OBE for your answer.My five years from my marriage will complete 5th of june 2015.
1) so can I make my application onward from now any date?
2) will there be any problem for 6 month absence of my wife from uk in 2014? it was for a training and I can provide the evidence.

[rakhalbalok786]

Hi,what is retain right?how long it last for?when can a retain right holder apply for PR?please help with those question.
thanks

[vinny]

Have your circumstances changed since Obie's response?

[rakhalbalok786]

Thanks Vinny,yes there is a strong possiblity.

[vinny]

5 June 2015 has passed. You may as well apply for confirmation of PR now.

[rakhalbalok786]

my marriage was broken last november.I did apply for both permanent residency /retain right of residence ,they have rejected my application in june 2016 with appeal right I did an appeal as I have all the proof for atleast retain right of resident.

1)Marriage lasted 5 years 4months
2)living under one roof about 4years 9month
3) she was in employment at the time of decree absolute
4) proof of work of my sponsorI have submitted {a} 2010 january to 2014 february {B} november 2014 untill 15th november 2015,Including payslip,latter from HM revenue.
home office either lost or ignored those paper I have no idea,they said "whilst home office can accept that you have provided sufficient evidence to show that your EEa national sponsor has exercised treaty right in the uk from 2010 to 2014, the home office are not satisfied that EEA national sponsor has exercised the treaty right continously at the time of your divorce on 8th november"

I have launched the appeal 20th june.still didnt get any hearing date.
how long it may take and what is the chance to win the case ?please advise me.living a very stressfull life.