PR refusal Pls Help

[Ramabola]

hi all my name is Ramabola and come from Nigeria i am a new this as recommended by one of my friend my issues is PR application which is refused cos of my partner ( EU Citizen Germany) had lack of his payslips some years, he did not work 16 months and left to uk for family issues, after he come back we could not be together lived seperated, i had appeal for refusal but tribunal decided to Ho gave right, i dont know what to do pls some help, since i came this country i work as cleaner and my parter works and lives in uk at the moment too is there any chance to apply for retaning right to stay? we have been married since 2007 and he left country in 2011 and come back uk in 2012 and works since then, and he wants to divorce apparently he got girl friend

my pr refused and i lost tribunal what should i do now?? do i have right to apply for another 5 years, pls some advice my brothers or friends who has knowledge about this

[Obie]

You could apply for divòrce and after that , retention of residence, and then you could apply for PR by 2017.

[Ramabola]

H thank you for respon, but i did not understand what excatly you meant? my lawyer said we can apply for retention right if i go divorce now, but i still in worry about my situation at the moment, pr refused and tribunal gave decision that say HO refusal right which makes me illegal at the moment? how will wok out i really understand? and what papers i need to apply for that?

[Obie]

I believe to retain right , you have to divorce first, and if your spouse is working at the time of divorce and you have been married for 3 years before divorce, then you should be fine.

[Ramabola]

it is relief really thank you very much, refusual and tribunal decision does not effect my position at the moment? what papers do i need for that? sorry bother at you for many questions?

[Obie]

You first need to address the divorce, and then these other issues can be addressed.

Without a divorce you cannot proceed. I guess your solicitor is sorting out that.

[Ramabola]

I did not understand what you mean. My lawyer says I need all myears back papers

[Ramabola]

And also immigration kept my Passport, how can I apply for new application when immigration retained my passport? do I ha have right to stay here even pr refused and tribunal was unsuccessful? Yes my parter still in uk and working but it does make any sence change my situation we married more than 5 years, what documents need to supported? Pls anyone has a clue?

[Obie]

Does not seem like this lawyer knows what he is doing.

Is this guy working now?

How long had he been working for in the UK before he went to Germany for this family issue?

[Ramabola]

She says I ll be fine but I have worries my pr refused and first tribunal unsuccesfull, how I expect to be fine and you saying I wi ll be fine, immigration kept my passport what I am suppos to think now

[Obie]

Sometime they like to delay a case to get more fees from you.

It should have been clear to her that you lack the necessary documentation before pursuing a case at the FTT. Now you are in this precarious position.

[Ramabola]

It's the answer like my case, very unclear but thank you for answers

[Obie]

I really don't know about your case, and will love to assist you, but i don't know the situation in regards to the 16 months.

If you husband had been in the UK for 5 years and worked or was exercising treaty right for a complete 5 years before he went for the 16 months, then you should be fine.

If he was away for 16 months, when he had not resided in the UK for a continuous period of 5 years, then there is a problem , unless he can show that the absence was for a very important reason, like military placement.

[Ramabola]

she wants to much money for assist and i live with my sister at the moment it is really furstrated, after we married we were togther almost 2 years and he decided to go back Germany, and asked me move with him but i was not really fancy to live there and lear their language, and he went to is country and stayed there 16 months, and back uk again ( he said was bad decision to go there) after he came back we were together but i felt something wrong cos his acts went different and said to me had an affair, and i moved to my sister's, lived seperated until my 5 years residence finished after my RC finished i applied for PR but HO return to me as decision my partner had not treaty excersided complied 5 years and refused, i went tribunal and judge agreed to HO decision, my solicitor says we need to apply for another 5 years and we need his papers which is impossible he does not want to support,, and my passports kept by immigration, he was away for 16 months, when he had not resided in the UK for a continuous period of 5 years she says if i got to divorce now i will be in trouble so i need to apply again with his papers such as his tenancy agreements bills paysilps etc that i cant get them cos he does not wan to..i do not know if it s clear now? sorry if i m complicated

[Obie]

Is this person still living and working in the UK. Or you dont think he is.

[Ramabola]

he is still working and living in uk at the moment

[Obie]

Then you lawyer should have asked the Tribunal to get the UKBA to check his details.

Why did she not do that?

What is she paid for then

[Ramabola]

when my partner away did not work so i could not support his 16 months payslips, i think thats why rejected my application, i m really tired asking something from him i dont know if i go to divorce it will work out, they retained my passport, it is really frustrated

[Obie]

You can apply for divorce without passport, but after divorce, you will need to show he was exercising treaty rights before the marriag ended.

I have send you a Private message on this.

[Ramabola]

so pr refusual and unsuccessful tribunal does not effect my stiotaion at less he lives and work in uk at the moment? if i go to divorce i will be fine? i think i may manage to get his payslips before divorce, what else i need to show as papers? i live with my sister i dont have any tenancy agreement or council tax, only i can get my payslips? it would be ok?