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Extended family member and PR problem - EU partner left the UK

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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dhemholha143
Newly Registered
Posts: 7
Joined: Mon Apr 29, 2019 1:50 pm
England

Extended family member and PR problem - EU partner left the UK

Post by dhemholha143 » Mon Apr 29, 2019 3:55 pm

Hi folks.

Can someone please give there candid opinion on how to approach my immigration status.

I currently have an EEA family member, my partner is Dutch, we have been cohabiting for over 4 years prior to granting my application in 2015 which expires in March 2020.

Due to the Brexit situation and loss of her dad, she decided to relocate back home to look after her widowed mum. I made every effort to make her stay but to no avail. Now I cant even find her at the address I knew she live in Rotterdam and shes not answering my phone calls, it's a complete shutdown from her since last August

In November 2018, I made a PR application and notify HO of her whereabouts with reasons. My application was refused with no appeal. Does this new amendment has significant impact on my case and can I request an appeal?

Alternatively what will be your expert advice on my case going forward knowing that my Visa runs out next March.

I look forward to your professional opinion on this.

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CR001
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Posts: 87408
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Extended family member and PR problem - EU partner left the UK

Post by CR001 » Mon Apr 29, 2019 3:57 pm

If you are unmarried, your rights under the EEA rules ceased on the date your partner left the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

skasyap
Member
Posts: 219
Joined: Wed Apr 10, 2019 10:57 am
India

Re: Extended family member and PR problem - EU partner left the UK

Post by skasyap » Mon Apr 29, 2019 4:29 pm

dhemholha143 wrote:
Mon Apr 29, 2019 3:55 pm
Hi folks.

Can someone please give there candid opinion on how to approach my immigration status.

I currently have an EEA family member, my partner is Dutch, we have been cohabiting for over 4 years prior to granting my application in 2015 which expires in March 2020.

Due to the Brexit situation and loss of her dad, she decided to relocate back home to look after her widowed mum. I made every effort to make her stay but to no avail. Now I cant even find her at the address I knew she live in Rotterdam and shes not answering my phone calls, it's a complete shutdown from her since last August

In November 2018, I made a PR application and notify HO of her whereabouts with reasons. My application was refused with no appeal. Does this new amendment has significant impact on my case and can I request an appeal?

Alternatively what will be your expert advice on my case going forward knowing that my Visa runs out next March.

I look forward to your professional opinion on this.
I agree with CR001, and if you dig the letter out which was sent by HO when issued Residence card, it clearly says that you need to inform HO as early as possible if your eu family member has left the country.

Not informing HO could lead to many things but I am guessing you will now classified as over stayer or illegal because your right to stay in UK was over the day your eU national family member left the country.
Even if you decided to go for pre settled status, you will still have to provide id proof for your eu family member.

If I was you, I would inform HO and would not hide anything.

NatCam
Member
Posts: 236
Joined: Tue Nov 07, 2017 5:26 am
Georgia

Re: Extended family member and PR problem - EU partner left the UK

Post by NatCam » Mon Apr 29, 2019 6:54 pm

Your real problem is that you are an overstayer.

dhemholha143
Newly Registered
Posts: 7
Joined: Mon Apr 29, 2019 1:50 pm
England

Re: Extended family member and PR problem - EU partner left the UK

Post by dhemholha143 » Tue Apr 30, 2019 6:21 am

Good morning folks.

Thank you all for your candid opinion,

@Natcam, HO was aware through my supporting statement when I made my application.

I recently sought my MP to intervene, HO informed him that I reapply but seek legal advice.

What could be the way forward is all am asking for.

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

Re: Extended family member and PR problem - EU partner left the UK

Post by askmeplz82 » Tue Apr 30, 2019 10:12 am

One my work mate had similar situation like you but I don’t know where he is now . He left ages ago my workplace . Of course he is now a British citizen

His partner left him for Brazil ( she was also Portuguese national )

They lived together from 2010 - 2016
He applied as a durable partner in 2013
Home office issued him RC in 2013
EEA national left the UK in 2016

He applied for PR it was refused because he was short of 2 years ( they calculate from RC issued date )

But his lawyer convinced home office somehow they relationship started from 2010 not 2013 so they should count 5 years cohabitation earlier then RC issued date

Anyway after few months his PR got accepted/ he Didn’t have problem with documents because his wife was working for a law farm
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

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