NON EEA Family member seapreated EEA Wife

Hi every1

Happy New year

I need some advice as my circumstances as under :-

1. Came from Pakistan to UK in November 2009 as a student.
2. Start Living together with my Lithuanian partner from October 2010.
3. Got Married in January 2011.
4. Got my Permanent Residence for 5 years in July 2011.
5. Got a Son (By the Grace of GOD) September 2011.
6. Separated in May 2012 due to too many problems
7. Start living Separate but in relationship untill December 2013.
8. Finish relationship but in touch as friends coz of our son who is living with her.
9. Now she is living with her boyfriend and our son is also living with them. I visit him once in 2 month and send money every
month.

She is not cooperating with me about divorce as she all the time make nonsense excuse. What should I do (if any 1 can advice me plz). She is working constantly for last 4 years as she is in UK.

A. Shall I wait for July 2016 when my Residence Permit will expire or
B. Shall I contact home office and ask them to issue me an other visa as I already completed 3 years of my merraige and 3 years of
Resident Permit.

I will be thankful to you for sincer reply )))

Waiting for your reply frneds.

Even you are living separately but until the issuance of divorce decree absolute you will be treated as the family member of EU national. You have two ways either to wait until January 2016 (when you complete 5 years to apply PR) or can retain rights if you divorces your EU national partner since you have been married at least 3 years for that purposes. But in either way you must have the evidences of the treaty rights of your EU national partner.

thax for repy

As I mentioned above she is working for last 4 years & I know about her employer but if she will not cooperate with me about documentation then What should I do. I belive HRMC know about her status and our status as well. I dont have any documents as she waste everthing belong to us. I can get proof of residence from Our previous landlords, Council and service providers.

However can I apply for PR after Jan 2016 without her support. I have my son's birth Certificate, our Merriage Certificate, My son's Lithuianian Passport copy and her passport copy

or

Can I apply for ROR after divorce with same ducoments.

If you apply for PR in January 2016 then apart of other necessary documents such as EU national treaty rights, EU national residence etc but also will need to attach EU national original passport/ID as it is very rare that they accept photocopy. However, if you retain rights after divorcing her then you won't need her original passport/I'd card but still will need her treaty rights. In either cases if you can't get her treaty rights and if she will still be working then you may request caseworker to get her employment confirmed from HMRC by virtue of section 40 of ukba act 2007. Hope it works for you.

Thax again

What if I will apply for divorce after January 2016, and after divorce what documents do I need for that. Can I apply without her support after divorce even I can proof of terorty.

#thax and regards

Thax a lot

what document I ll need for prove evidance of treaty rights??

Her salary slip, Passport, and any prof of address??


One more thing about divorce. If I apply for PR in January 2016 and after reciving my PR can I apply for divorce. And after divorce do I need to apply again for a Visa or that PR will be valid after my Divorce.

And If I need to apply a visa after Divorce (after getting PR) do I again need her documents??

I am thankful to you for your cooperation

You should refer to eea4 form especially the section - documents in order to fully understand as what documents you will need. If you will be able to acquire permanent residence in January 2016 then will no longer need of any visa or dependency on EU national and can proceed to divorce without having any negative affect on your PR.

Thax again

I spoke with my wife about PR and asked her if she can help me and provide me her documents. But as I was expecting she denide to do that. So can you please advice me what should I do if she is not willing to help me.

You have already been served with the answer but you are repeating again. Anyhow if you proceed to PR then you will need the evidences of the treaty rights of your EU national covering 5 years and the original passport/ID card of EU national. However, if you cannot get these treaty rights evidences and if your EU national partner continue to work then can request the UKBA caseworker to get it confirmed by virtue of section 40 of UKBA act 2007 from HMRC. But I am not sure that whether the caseworker will accept & satisfy from the photocopy/certified photocopy of the EU national passport/ID as more usually they need to be original.

THAX A LOT MR. SHERAZ:)

What if I ll go for divorce which I am planning to do? In that case still do I need her documents to peroform her rights or not??

As I read some blog I just realised that I need her wages slip only for that time when divorce process will be held. And I dont need her passport or any other documents. Just need to provide evidance to stay together for 1 years.

Can you please guide me about ROR ?
thax