PR application - 14 month absence

[imran2006]

Hello my sweet friends

I am non-eea family member now 5 years completing next month divorced but I need a good advice if somebody could help that would be kind.

I spent 14 months outside UK just because of an accident so my back and shoulder needed rest as advised by doctors.

My question is I have got all the documents from my ex-wife she's been working throughout the 5 years so can i apply next month for PR and what documents shall i show for that 14 months?

what other requirement I need to fulfill? I know its hard for me but I have been through all pages come on guys you are the best.find a solution for me.I dont want to give up.

Please I really need you guys help thanks

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Hello my sweet friends

I am non-eea family member now 5 years completing next month divorced but I need a good advice if somebody could help that would be kind.

I spent 14 months outside UK just because of an accident so my back and shoulder needed rest as advised by doctors.

My question is I have got all the documents from my ex-wife she's been working throughout the 5 years so can i apply next month for PR and what documents shall i show for that 14 months?

...

If you are divorced, did you apply for/have you got a ROR RC?

A prolonged absence from UK may break continuity of residence and reset your PR clock.
Do you have good documentary supporting evidence (including doctor and medical specialists' reports) to justify the over 1 year absence from UK?

Since divorce, where have you been located and what have you been doing to exercise treaty rights (in UK)?

[Millerco]

Hello my sweet friends

I am non-eea family member now 5 years completing next month divorced but I need a good advice if somebody could help that would be kind.

I spent 14 months outside UK just because of an accident so my back and shoulder needed rest as advised by doctors.

My question is I have got all the documents from my ex-wife she's been working throughout the 5 years so can i apply next month for PR and what documents shall i show for that 14 months?

what other requirement I need to fulfill? I know its hard for me but I have been through all pages come on guys you are the best.find a solution for me.I dont want to give up.

Please I really need you guys help thanks

You will need a very good solicitor for this as you are no longer an EEA family member and dont mention when you divorced (how long the marriage lasted) or if you got Retention of Rights certified before this absence. This is a very complex situation and I cant see how you would get PR, another residence card maybe but not PR.
Normally only one six month absence maximum is allowed but I think HO accepts up to a one year absence in exceptional cases. 14 months is beyond even the exceptions limit so I cant see how they will accept it - the six month absences are protected under EU law but longer than that is possibly entirely up to Home Office. And I dont think back and shoulder issues will be seen as exceptional circumstances to consider your case completely outside the rules. You also have the disadvantage of no longer being a family member and retained rights are a muddled area where Home Office has more discretion in complex cases.
You need a good immigration solicitor!

[imran2006]

Thanks for the advise my friends

No my divorce is finalized after i arrived in uk so our marriage last for 4 and a half years what should I show then please help me.

so please what should I do?

Thanks again guys

[noajthan]

Thanks for the advise my friends

No my divorce is finalized after i arrived in uk so our marriage last for 4 and a half years what should I show then please help me.

so please what should I do?

Thanks again guys

If divorced you are noones's family member and don't have an EEA sponsor anymore.
Did you apply for/have you got a ROR RC?

A prolonged absence from UK (over 1 year) has probably broken your continuity of residence and reset your PR clock.

Do you have good documentary supporting evidence (including doctor and medical specialists' reports) to justify the over 1 year of absence from UK?
It will have to have been for an exceptional reason; (typically pregnancy, military service & etc)

Since divorce, where have you been located and what have you been doing to exercise treaty rights (in UK)?

[imran2006]

Since divorce i am in UK so can u explain where can i find that my residency is broken please send me the link but remember for non-eea.

I am asking for a good advice i thought ill get it but I am not disappointed.

I can I will.

If someone from forum could give me advice.

[noajthan]

Since divorce i am in UK so can u explain where can i find that my residency is broken please send me the link but remember for non-eea.

I am asking for a good advice i thought ill get it but I am not disappointed.

I can I will.

If someone from forum could give me advice.

Here you are:
http://www.legislation.gov.uk/uksi/2006/1003/made
- see section 3

I don't know when you were out of UK but you have stated you were.
More information required on your exact timelines, including

• time in UK;
  time married;
  absences from UK;
  sponsor's activities before divorce;
  your activities after divorce;

Whether before or after divorce prolonged absences will have implications for your ROR &/or confirmation of PR.

[imran2006]

Thanks Noajthan for the reply I want to leave all my details below please have a look if you find a window.

Came to UK 2006 student then post study work then got a girlfriend and married in sep 2011 and divorced in may 2016.

Marriage : sep 2011
Been to homecountry in june 2014 got back on july end 2015
Divorced: may 2016.

Now 5 years completing after marriage in coming sep 2016.

My wife been self employed when i have got 5 years residence and now shes been doing job from 2014 till now. She never been on benefits through all his life in UK.

Just the problem I am facing the residency I am seriously worried now if i show my medical documents all included will this be enough?

My case is very complicated I believe the most complicated case on this forum.
I need you guys help me out.
I know someone must have been through a case like this or maybe not.
Thanks if you need more information I can pass it on I have got nothing to lose.
I will be waiting for your reply

[Millerco]

Thanks Noajthan for the reply I want to leave all my details below please have a look if you find a window.

Came to UK 2006 student then post study work then got a girlfriend and married in sep 2011 and divorced in may 2016.

Marriage : sep 2011
Been to homecountry in june 2014 got back on july end 2015
Divorced: may 2016.

Now 5 years completing after marriage in coming sep 2016.

My wife been self employed when i have got 5 years residence and now shes been doing job from 2014 till now. She never been on benefits through all his life in UK.

Just the problem I am facing the residency I am seriously worried now if i show my medical documents all included will this be enough?

My case is very complicated I believe the most complicated case on this forum.
I need you guys help me out.
I know someone must have been through a case like this or maybe not.
Thanks if you need more information I can pass it on I have got nothing to lose.
I will be waiting for your reply

The legislation Noajthan sent is very clear EU law only covers six month absences under normal circumstance and 12 months under exceptional circumstances including serious illness. Your 14 month absence is beyond that so you arent eligible for PR in law. I cant see HO being lenient enough to make many an exception for you as 12 months is already covered for exceptional circumstances.

Your case is about retention of rights and with that the absence its not straightforward to me but perhaps someone else on here is more informed. I would say you really should go speak to an accredited immigration advisor or solicitor or if you don't want to pay for one then go to Citizens Advice for assistance.

[imran2006]

Thanks for suggestion I really appreciate that