PERMANENT RESIDENCE AFTER SEPARATION - VERY COMPLICATED

Hello all, i desperately need help if i can get it. my case is overly complicated and the details are below. every advice will be appreciated. thank you in advance.

- i am a Nigerian, got my eea family permit which expires november 2016
- married a Dutch man in July 2010
- have a 3 year old son. my son has his Dutch passport and dutch ID card.
- dad seized son's Dutch passport and gave me son's Dutch ID card
- eea husband and i separated in 2014. we are not divorced
- eea husband and i are on speaking terms but he refuses to give me his P60, passport or ID card to apply for my permanent resident card
- i have not left the UK in the last 5 years. i am working full time
- EEA spouse has not left the UK in the last 5 years and is working full time and also studying
- I worked 3.5 years as a contractor. i had my limited company (now closed) and paid corporation and income tax until June 2014 when i got a permanent job. so i do not have any P60 except for last year.
- my accountant has left to go back to South Africa. i cant reach him so i dont know how to obtain my P60s for the qualifying (3.5 years i had my limited company)period
- i have online payment receipts of income/corporation tax for those 3.5 years

given the fact that we are still married even though we are separated;

- can i still apply for my permanent residence card as his spouse? please remember we live separately.
- how do i prove he is still exercising treaty rights? he refuses to give me any of his documents or P60
- what can i do about my not having P60s

if i cant do the above, what is my best option to obtaining my permanent residence?

my son resides with me. dad has a contact order. can i apply as a result of my son's Dutch nationality?

there was terrible DV and there was even a Non - Molestation order.

i'm not keen on the 'retained right of residence' route as it does not guarantee permanent residence or am i wrong?

please can anyone advise me?

my goal is to obtain my permanent residence and the easiest way to do it.

thank you all in advance.

- can i still apply for my permanent residence card as his spouse? please remember we live separately.

Yes.

- how do i prove he is still exercising treaty rights? he refuses to give me any of his documents or P60

If necessary, then ask the UKVI and Tribunial for assistance with proving that husband has been working.

Also Include evidence of domestic violence.

thank you vinny. bless you.

i have the EEA PR form which i have printed.

what do i do about my missing P60s?

are bank statements enough? i have both my company and personal bank statements.

we have several joint accounts which were active throughout except 2014.

do i have to do a covering letter of sorts to explain to HO about my inability to produce his documentation?

for the DV, i have the following records;
- police records
- statement of court fact finding for which he was found guilty of threat to harm an unborn child
- Non molestation order
- contact order
-deduction of earnings order from child support agency

thank you again for your help with this matter.

Why are you still married to this?

He seems extremely dangerous.

The Domestic violence provision is mostly triggered in Regulation 10 (5) cases, but this will not apply to you as there is no divorce.


Does he have direct contact or supervised contact with the child.

If you retain right of residence you could still acquire PR under Regulation 15 (1)(f)

hello Obie,

Hmmmm. Extremely dangerous indeed and that's not the half of it. He has simply refused to sign the divorce papers; denies he ever received them; and so on. where do i begin to begin my tales of woe? i don't want to say too much. this is the internet. i cant even afford a lawyer which is why i resorted to this board, which (THANK GOD) exists for people like me.

he has an 1 hour visit each week day and overnight visits (yes i know) fortnightly. the judge thought he deserved it since he has taken parental classes.

and oh, the deduction of earning order is the reason he has refused to give me his documents. he insists that i must cancel it. so now you get the jist. and please do not ask me how much is deducted. its a laugh really. sad.

Wow. You should get the bailiff to serve the divorce papers on him.

Does the access involve direct contact with you. That is highly irresponsible of the court to allow him a sleep over and contact with you.

Sounds really scary.

No he doesnt come near me at all but we are civil to each other and email/call if necessary.

Lets not start with the courts. I have lots to say but to what end?

I will include all the documentation i have as adviced and put the application in.

You should qualify assuming your EEA sponsor was exercising Treaty rights from 2010, even though the relationship is not subsisting you are still the spouse of an EEA national until a decree absolute is seen. If you don't have a copy of your husband's Dutch passport, and the Home Office have never seen it before you could get a no right of appeal decision. It sounds like evidence of nationality on behalf of your sponsor has been provided as you were granted a residence card though.

If you write a covering letter, state that your spouse has refused to provide any evidence to you, you should ask the Home Office to do a check under S.40 of the UK Borders Act 2007 to HMRC as per Amos [2011] EWCA Civ 552 which will confirm/deny the Treaty rights he has exercised. It will probably take longer than 6 months.

Although if you have a non-molestation order you have an excellent chance of getting a retained right of evidence, you would need a decree absolute to qualify under 10 (5) (d) (iv).

ledaroad wrote:Hello all, i desperately need help if i can get it. my case is overly complicated and the details are below. every advice will be appreciated. thank you in advance.

...

- dad seized son's Dutch passport and gave me son's Dutch ID card
- eea husband and i separated in 2014. we are not divorced
- eea husband and i are on speaking terms but he refuses to give me his P60, passport or ID card to apply for my permanent resident card

...

- I worked 3.5 years as a contractor. i had my limited company (now closed) and paid corporation and income tax until June 2014 when i got a permanent job. so i do not have any P60 except for last year.
- my accountant has left to go back to South Africa. i cant reach him so i dont know how to obtain my P60s for the qualifying (3.5 years i had my limited company)period
- i have online payment receipts of income/corporation tax for those 3.5 years

...

- how do i prove he is still exercising treaty rights? he refuses to give me any of his documents or P60
- what can i do about my not having P60s

...

thank you all in advance.

Thoughts on some of your points & questions ...

Son's passport - can you apply for another passport for your son reporting the original as stolen.
And anyway, as an EEA citizen, isn't your son's ID card counted as adequate photo ID for proof of identity (?).

P60/tax documents - have you tried obtaining copies of P60 or other tax history from your local tax office?
Also, for a UK limited company, are company accounts not lodged with a national government agency - Companie House? (so copies of accounts coud be obtainable indirectly).

For husband treaty rights: HMRC can supply tax/NI records which would corroborate work history to show exercise of treaty rights.
Ref: http://robertleach.co.uk/2013/08/reques ... from-hmrc/

In any case, HO should be able to retrieve such information even if you cannot as long as you supply them with (ex)husband's identifying information, (including NI number if known?)

Similarly for evidence of his travel/absences from UK, a SAR request can be used to obtain record of immigration history (even for EEA nationals).

The only grey area is authorisation for such requests to the relevnt authorities.,
Something to explore anyway. I leave that as an exercise for the reader.

In the context of your case I realise these are minor points & you have other things to contend with..
But in dealings with UKVI/HO I have found the devil is in the detail.

Hoping you have a good support network. I guess in a small way this forum is part of it.
Best wishes.

See Retained Rights section of this guidance - page 25 onwards:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- covers DV & also possible actions/remedies for cases where the applicant has difficulty providing comprehensive documentation (eg passports/ID, ex-spouse's passport/ID & treaty rights details & etc).