PR pls help

[looser35]

Hi please i need help, i been married to eu national since july 28 2011, his from spain, we got separated last yr, im an non eu. I should be apply my pr end of next month, that will complete my 5 years. The problem is he left the country since 8 april. Is it still posdible to apply my pr even my husband is not in the countru and he hasnt reach his limit.
here is is timeline.

july, aug, 2015 (out of country 61 days)
sept oct nov dec. 2015 ( working)
jan feb march to april 7 2016 (working )
april 8 2016 til july 28 2016 ( 111 days)
Total 172 out of uk

do i have a chance if his willing to send his passport to me. I know his in spain. Please help me i dont want to go back to my country i work very hard.
please help

[looser35]

Sorry the title is wrong, im not divorce yet, we re still married. Thank you

[looser35]

Anybody please help..

[noajthan]

Hi please i need help, i been married to eu national since july 28 2011, his from spain, we got separated last yr, im an non eu. I should be apply my pr end of next month, that will complete my 5 years. The problem is he left the country since 8 april. Is it still posdible to apply my pr even my husband is not in the countru and he hasnt reach his limit.
here is is timeline.

july, aug, 2015 (out of country 61 days)
sept oct nov dec. 2015 ( working)
jan feb march to april 7 2016 (working )
april 8 2016 til july 28 2016 ( 111 days)
Total 172 out of uk

do i have a chance if his willing to send his passport to me. I know his in spain. Please help me i dont want to go back to my country i work very hard.
please help

Has hubby been a worker exercising treaty rights in UK since you married?

Has he gone to Spain for a visit or is it for ever?

Under EU law you do not have to co-habit but you do need an EEA sponsor (in the same country) who is a qualified person.

As hubby is in another country its a bit of a grey area.
Have you asked him to return to UK? It would simplify things if he is back in UK.

[looser35]

Thank you for the reply, yes hes been exercising treaty rights eversince, but this year out of nowhere he just decided to stay in spain, i tried to contact him but his not answering. Worse comes to worst if he wants to stay in spain do i have a chance even he send me his passport and apply, my visa runout next month.
What would i do, also they have the copy if his passport before when i apply for rc 2010.


Please help me.

[noajthan]

Thank you for the reply, yes hes been exercising treaty rights eversince, but this year out of nowhere he just decided to stay in spain, i tried to contact him but his not answering. Worse comes to worst if he wants to stay in spain do i have a chance even he send me his passport and apply, my visa runout next month.
What would i do, also they have the copy if his passport before when i apply for rc 2010.

Please help me.

Case law of Barnett suggests a record of a previously shown passport may be used. Not sure if that will work for you.

But the question will be asked: where is hubby (address);
& is his absence from UK permanent or temporary?

[looser35]

I feel so helpless. Is there any difference let say i applied my pr all documents has been sent including his passport but then ho refused my application,
That i need to apply this july but his in spain.
do you think they will consider it as h is not out of the country for 180 days.

[noajthan]

I feel so helpless. Is there any difference let say i applied my pr all documents has been sent including his passport but then ho refused my application,
That i need to apply this july but his in spain.
do you think they will consider it as h is not out of the country for 180 days.

Its unfortunate. Suggest persuade hubby to return to UK

Wherever he is you will still have to be prepared to answer questions:
where is spouse (address);
&
if abroad, is his absence from UK permanent or temporary?

If hubby has left UK for good (for ever) you do not have an EEA sponsor.