EEA application without your ex-wife's co-operation

Hi all,

I hope you can help me with my questions.

Here are the facts of my case:
- I am Brazilian and my wife is Hungarian (actually half Brazilian half Hungarian, but with a Hungarian passport)
- We got married in Brazil on 24/06/2005
- We are separated since 26/07/2009 but she has just started the divorce proceedings now, so we are not divorced yet.
- I came to the UK on 26/12/2005. The visa I have (EEA FP to join spouse) is valid until 12/09/2011.
- I am self-employed and have been working here since 2006. My wife is in the country and in a full time job in the same company since 2007.
-I know that I’ll have to apply for a new visa as soon as my divorce is finalized.
- As far as I know people in my situation (non EU citizen divorced from a EU citizen) have the right to stay in the UK if:
a) the couple have been married for more than 3 years – OK as we are still married we’ve been married for more than 5 years now.
b) the couple have been living in the UK for more than one year (together in the same address) – OK as we lived together 3 years together here
c) the EU citizen is living and working in the UK in the moment of the application for the new visa. -OK

My problem: we are not in good terms and she is not keen to help me. She kept almost all our bills and the bank statements of our joint account.

My questions:
1) For what type of Visa can I apply? I know that I have the right for a new Visa, but I don’t know how it is called. Is it a residency? ILR?

2) Are there different Visas for people in my situation that grant different rights in the UK? Do they depend on how long I’ve been here?

3) Does it make any difference if I apply for the Visa before or after being here for more than 5 years (after 26/12/2010)?

4) What are the forms I should use?

5) What are the costs for the application?

6) Regarding the documents for the application:

- To prove we lived together I have the statements of my personal bank account but the only bills I have in her name are mobile bills (more than 2 years of mobile bills sent to 2 different addresses). Are mobile bills valid as proof of address? Can they be used for this application?

- We had a joint bank account but she kept the statements. I’ve already asked the bank (over the phone and in the branch) but they say they cannot provide an exact copy of the old statements with both our names and the old address. Has anyone had an experience like that? Is there any way to make them give me copies of the old statements the way they were sent to me when we were together?

- So far my wife says she won’t ask her employer for a proof she’s working here. Any idea how to get over this problem if she doesn't change her mind?

7) Is it better to have a lawyer making the application for me?

8) Is there any way I can get a Visa faster than the 6 months that it took me my first Visa? If yes, is it more risky?

Sorry for the long post and many thanks for any answer you can offer.

Andre

hi

My questions:
1) For what type of Visa can I apply? I know that I have the right for a new Visa, but I don’t know how it is called. Is it a residency? ILR? Same 5 year residency card as your current one

2) Are there different Visas for people in my situation that grant different rights in the UK? Do they depend on how long I’ve been here? No new rights acquired just retention of your residency rights and 3 years of marriage + 1 in the Uk together is enough

3) Does it make any difference if I apply for the Visa before or after being here for more than 5 years (after 26/12/2010)? No difference but you apply for retention once the actual divorce has gone through

4) What are the forms I should use? EEA2

5) What are the costs for the application? Free

6) Regarding the documents for the application: Usual documents showing cohabitation for 3 years, bills council tax, water, gas, lecky etc., proof that you are working as if you are an EEA citizen

We had a joint bank account but she kept the statements. I’ve already asked the bank (over the phone and in the branch) but they say they cannot provide an exact copy: Why not request for freedom of information to show you held a joint account...seems ridiculous they will not provide you with copies of the entire period you held a joint account....Try escalating your enquiry to the banks management for this as well. I have previously asked for copies in a similar situation and did not encounter any problems.

Is it better to have a lawyer making the application for me? Not unless you envisage problems

Is there any way I can get a Visa faster than the 6 months that it took me my first Visa: No chance

last but not least you need to show proof your wife is working at the time of the divorce and if this cannot be provided then your application will be declined.

good luck

M

Hi Mary,

Thank you very much for your answers and advice. I have two further questions just to clarify some points.

1) My wife has kept all our bills. Do you think if I make the application with just my bank statements and the mobile bills I have in her name that should be enough? I have more than 2 years of mobile bills and statements

2) A friend mentioned to me that paying a fee (I think £500) to the Home Office it's possible to go there in person with your application and get a decision on the day. If it's declined you have to leave the country in a week. Do you know anything about it?

3) Do you know of any way of proving that someone is living and working in the country that it's not a letter from her employer?

Again, many thanks for your help.

Andre

My wife has kept all our bills. Do you think if I make the application with just my bank statements and the mobile bills I have in her name that should be enough? I have more than 2 years of mobile bills and statements : You need atleast 3 years for retention of rights this is what I had to provide at the time. Please provide more if you can other than mobile bills, they are not widley accepted as proof but try using them in conjuction with other bills

A friend mentioned to me that paying a fee (I think £500) to the Home Office it's possible to go there in person with your application and get a decision on the day. If it's declined you have to leave the country in a week. Do you know anything about it? No...EEA applications are definitely free and no you can't go in person otherwise everyone on this forum waiting for their EEA applications would have taken this option....your friend maybe on about a different category.

Do you know of any way of proving that someone is living and working in the country that it's not a letter from her employer? P60, P45.....other than this employment contract.. Remember you need to prove your Ex is/ working on the date the divorce is granted.
M

Thanks for all your help.

Unfortunately, you have to prove your ex's employment until the day divorce was granted. One of my friends is in the same dilemma and thinking of taking a shortcut by merely leaving the country. In your case, submit as much paperwork as you can to prove mutual cohabitation and your own employment and explain in a covering letter that you can't provide your ex's employment due to her uncooperation. As a result, your application will be refused and you will have a right to appeal. Make an affidavit to prove your ex's employment and ask the judge to issue a court order to request hmrc to reveal your ex's employment details under freedom of information act.
I'm not sure about the second point but you have to do anything to strengthen your situation.
Please note that your application is more likely to be refused without your ex's help, so don't be angry and be prepared for the court.
Keep us updated nevertheless