PR refused, voluntary leave and re-entry - HELP!

[themoviejerk]

Hi there.

This forum has been incredibly helpful, and I'd like to seek advise on my situation from you generous people.

I am a non-EU (Philippines) with an EU partner, and I have applied for Permanent Residence in 21 December 2016.

I have received my letter of refusal on 11 May 2017, with passport held by the Home Office and states that I can either appeal or make further application with new evidence.

Now, the Home Office has correctly pointed out that I am missing some of my partner's employment documents, therefore their grounds on refusing me the PR. They are correct, therefore I cannot make an appeal, as that would make me look like an idiot.

But since I have those 3 documentary evidence now available, I can add these further evidence to hopefully get my PR.

Now my question is, how do I make a further application?

Anyone has the same situation?

Do I fill out the same PR form and add those 3 documents and make new application? Or do I send letter to Home Office caseworker including new evidence + old evidence, without filling out form?

And does it cover the 5 qualifying years of the previous application? Or does it cover 5 years prior to the new further application?


Thank you so much, and I would definitely appreciate any words of wisdom from sages here.


Janz x

[Wise]

The caseworker has already advisedone you what to do. But the best thing to do is to re apply as the case already finalised because of your own fault.

[Maple1]

Hi Janz,

Is your partner currently in a job? I'm interested to know why they have held your passport as how would yo reapply without the passport.

I would say even though, you have the 3 piece of evidence to showcase the the 5 year period, does your husband have the DCPR?

[themoviejerk]

Hi there,

My PR has been refused, and I'd like to make arrangements to leave, as I don't want to go through the horrendous appeal process or go through another six months of re-application.

The Home Office is holding my passport for very shady reasons. They've admitted that they cannot forcibly remove me as I'm exercising my treaty rights under EEA Regulations, and given me choices to either apply further or make arrangements to leave. They're holding my passport because they can and has the power to do so, but it doesn't make them right or lawful.

My partner is currently self-employed, and works online so he work pretty much anywhere. I have a job, too, but can work online and remotely so I don't have to be in this country.

So to reapply right now is contradictory as I don't have my passport with me.

The quickest way to get my passport is to make arrangements to leave, at least temporarily, just to get my passport back.

So my partner and I are going to Portugal for a break, get my passport back at the airport, and then come back a few weeks later with an EEA Family Permit (for hopefully easy re-entry at the UK border). Then reapply later this year.

What do you think of this? Do you think this route is a safe way?

Has anyone made any voluntary leave and how it goes?

My partner has no DCPR, only a European Passport and Resident Certificate.


Thanking you all,

Janz

[ivantin]

Hi Janz,

Thanks for sharing your experience.
I got the same issue as yours, i received the refusal letter in December 2016, then i consult so many solicitors, some suggest me leave then reapply the family permit again outside UK , some suggest me there is no hope either reapply or appeal, rest suggest me appeal first (keep the time) and prepare the sufficient evidence and reapply eea residence card again.
Due to some reason, i choose last one suggestion, so i sent my application without my passport but with my italian partner id card in February 2017. But until now I have not received any letter like biometric enrolment letter or coa letter from Home office, I am very worried, so i send letter two weeks regarding my status, tried to call and email, finally yesterday got one email from UKVI contact center and said my application is still within the service standard.
This is my experience, also i am looking for anyone has same experience like us. This is really frustrating.

[themoviejerk]

Hi Ivantin,

I'm sorry to hear about you're situation. I can totally empathise, and it is indeed frustrating!

That I why I don't want to appeal nor re-apply, as I'll be stuck in this country without freedom of movement.

That is why I'd like to make leave, and then come back later.


Janz.

[Hichness]

Hi ivantin

I do not to wish make you stressfull but I would like to share my experience with you as I have much the same issue. I was refused permanent residence card because lack of documents. I could have done much proper way but just I did not care that time enough it was all my mistake. Anyway option was appeal or reapply. I did not appeal and I was afraid to apply for permanent residence card again. For sure I gone residence card again because it was easy for me to prove to my EEA spouses gualified person I I have all documents.... I don't know this happen anyone before because I have idea they do this on purpose two time my application returned by saying they can't take money from account, this cost me like 6 month ~in both case there were money in account~When I did third time I bought postal order and after another 4 months I have been refused again. Reason: Partly again because of me because I believed they held my passport and in the form there is question if you can't send yr passport tell us why? I told them my passport was with them,I never thought it would be problem but it did reason for refusal was; 'you did not send your passport'. After this refused I checked my first permanent residence rejection to see where my passport was and there it says: yr passport send local immigration office make call them to arrange yr departure etc.

I am a bit confused really what to do next, I thing I would call immigration office and explain them they can't make me leave as my wife qualified person I still have right to apply again with right documents etc. Let's see what happen.