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Hello everyone,

I think many of you know my story, but this is the summary in brief:
married to EEA in August 2008
came to the UK Feb 2009 with a family permit
separated in Nov 2011, decree absolute in July 2012
ex is issued PR card dated 31 January 2011, she has been working for the same employer for 7 years. I have been working and I can support myself.

Supporting Evidence:

my passport, my RC, ex photocopy of passport, ex photocopy of ID card, photocopies of ex's one payslip and 4 P60s, ex letter from employer in 2010 that she has been employed for 5 years, ex letter accompanying PR card to confirm her status as PR holder, 17 pieces of evidence in my name to confirm co habitation, 10 pieces of evidence in ex name to prove co habitation, 9 pieces of evidence in both our names to the same address, marriage certificate, decree absolute.

Relationship with ex:
it ended in a dramatic way and I can't get hold of her, she removed me from facebook, skype, email, telephone and most recently she changed address and the previous landlord said he doesn't know where is she (but I believe he knows but doesn't want to tell me).

Covering Letter I will be sending to UKBA contains:
"UNCOOPERATIVE ESTRANGED SPOUSE:

Please note that the marriage ended acrimoniously and my estranged spouse doesn’t want to keep contact with me. She removed me from her social networks contacts, Skype, email and telephone. I visited her landlord recently and I was told she has changed her address and I don’t know her new address. I have made every possible effort to keep in touch with her but couldn’t get her help.
In the light of Amos VS Sec Of State and the freedom of information request (Ref No 23592 on 15 August 2012) whereby a pragmatic approach can be followed with applications for retention of rights where the relationship has ended acrimoniously:

“Caseworkers must look at each case according to its individual merits and where they are satisfied that there is a valid reason why the applicant is unable to get the required evidence, enquiries must be made on behalf of the applicant where possible.”

I hereby request the Secretary Of State Home Department to carry out one of the following checks to prove my estranged spouse was a qualified person up to the date of decree absolute:

1- Check the UKBA database to prove she holds a permanent residence card. Permanent residence status is lost only in case of continuous absence of 2 years. Her permanent residence was issued in Jan 2011 and decree absolute issued in July 2012. So, she is a permanent resident, a qualified person and exercising treaty rights up to the date of decree absolute.
2- Check with HMRC to prove she is working and paying tax up to the date of decree absolute
3- Check with the xxxxx xxxxxx records that she is employed there between September 2005 up to the date of decree absolute."

MY QUESTIONS NOW ARE:

1- I need my passport to sort out many things in the time being and I have fear of being rejected (in which case UKBA holds the passport till deportation). this is unfair, shall I request the passport after receiving COA or leave it for them, report it lost and get a replacement?
2- Shall I add or remove anything from the covering letter? any ideas or suggestions?
3- If worse come to worst and I have to go to court, is it still guaranteed to obtain ROR or there is a real risk of deportation or losing the case at court as there is no more evidence to present?

Thank you everyone

I would highlight the permanent residence card letter more prominently. It proves that your ex-wife had PR at date of divorce.

EUsmileWEallsmile wrote:I would highlight the permanent residence card letter more prominently. It proves that your ex-wife had PR at date of divorce.

Thanks, point taken into account. Can I request my passport back once I get COA without affecting the outcome of the application? Finally, I want to send my P45s and P60s, is P45 regarded as a proof of employment for that period of time or not?

Thanks

Guerro wrote:

EUsmileWEallsmile wrote:I would highlight the permanent residence card letter more prominently. It proves that your ex-wife had PR at date of divorce.

Thanks, point taken into account. Can I request my passport back once I get COA without affecting the outcome of the application? Finally, I want to send my P45s and P60s, is P45 regarded as a proof of employment for that period of time or not?

Thanks

Generally you can ask for your passport back without affecting the application. P60s are yearly statements of earning / taxes paid during employment; P45s are issued on termination of employment.

An update,

I have found a coloured photocopy of ex PR card and a colour photocopy of ex employer's letter in Nov 2010 confirming 5 years of continuous full time employment. I know the home office doesn't accept photocopies, but do these particular two pieces of evidence along aside an acrinomuos type of divorce can help apply discretion or are they totally useless?

Waiting for everyone's answers

An update:

I have sent my application today with the above mentioned evidence, so fingers crossed. I will request my passport back once I get my COA. Does the COA show my right to work or not?

Thanks

Guerro wrote:An update:

I have sent my application today with the above mentioned evidence, so fingers crossed. I will request my passport back once I get my COA. Does the COA show my right to work or not?

Thanks

good luck

A quick update:

Ex wife said she reported me to UKBA that I didn't marry her for love. She also said she will report me to the dental council to ban me from working! Will such a complaint influence the outcome of the application?

Thanks

Well marriage of convenience is not a problem for the dental council, but the HO may choose to refuse ROR on the basic that the marriage was one of convenience, and that you never existed as a couple. It is a difficult thing to prove, but your wife saying this to them , might make their case easy.

It is to be noted that marriage of convenience or sham marriage is not covered by the EEA regulations.

Guerro wrote:A quick update:

Ex wife said she reported me to UKBA that I didn't marry her for love. She also said she will report me to the dental council to ban me from working! Will such a complaint influence the outcome of the application?

Thanks

I don't think you should be worried about that, besides you not sure whether she has rang HO or just saying to scare you, you were given permission to marry and you were married for quite while so what she says after or what happened after is not a problem, not every couple stay forever and the spouse will try their best to make your life hard.
Don't worry.

Guerro wrote:A quick update:

Ex wife said she reported me to UKBA that I didn't marry her for love. She also said she will report me to the dental council to ban me from working! Will such a complaint influence the outcome of the application?

Thanks

Your ex-wife ought to think of the consequences of her actions. There are two parties to a marriage.

To answer your question, relationships can be very complicated and can be very emotional when they end. It will not be all that surprising that ex-spouses say nasty things.

@ eusmileweallsmile:
I agree with you about hard feelings and things, but what is done is done. Now talking from a legal point of view, will this bear any implication on the outcome of the application?

@Obie:
So, does her letter, if it is really sent, can be used by UKBA to conclude it is a marriage of convenience?

@spike:
I have evidence of 3 years mutual co habitation and from the beginning of divorce she wanted to make life harder for me

A quick update:

I received my COA yesterday and it stated that I applied for a residence card as an EEA family member!!! Did they read my application before sending such a letter?
Secondly, if I request my passport back, will it have an impact on the application?

Many thanks

Guerro wrote:A quick update:

I received my COA yesterday and it stated that I applied for a residence card as an EEA family member!!! Did they read my application before sending such a letter?
Secondly, if I request my passport back, will it have an impact on the application?

Many thanks

Re COA; I suspect you may have been given a standard letter.

In general, you can ask for passport back without affecting the application.

Thanks Eusmileweallsmile, I have submitted the request to RODRequests@homeoffice.gsi.gov.uk and they sent me an automated email. so, fingers crossed till then. I also stressed that I only need the passport and I want the application to be processed as usual

URGENT:

I received my residence card today in my passport! exactly 5 weeks, I couldn't believe it. thanks for everyone who helped me in here, especially Obie and all the other members who supported me throughout.

Finally, the residence card states I am a family member of EEA citizen and there were 3 letters with it. 1 saying I am family member of EEA citizen and should tell them if we divorce. 2 saying I am now permanent resident! 3, which is the correct one, that I have retained rights following divorce according to article 10.
Will my ex's letter to UKBA will cause any hassle or revocation of the card or nothing will affect me anymore?

I am happy, time to go home for a holiday

Congratulations!

Don't worry about your ex letter to the HO. It won't be the first time the HO receives a letter from an Ex telling them the "truth" about the relationship. The HO understand that sometimes there are hidden motives behind this sudden honesty.

Thanks Jambo and thanks for everyone. Time to look for tickets to visit people back home

Guerro wrote:URGENT:

I received my residence card today in my passport! exactly 5 weeks, I couldn't believe it. thanks for everyone who helped me in here, especially Obie and all the other members who supported me throughout.

Finally, the residence card states I am a family member of EEA citizen and there were 3 letters with it. 1 saying I am family member of EEA citizen and should tell them if we divorce. 2 saying I am now permanent resident! 3, which is the correct one, that I have retained rights following divorce according to article 10.
Will my ex's letter to UKBA will cause any hassle or revocation of the card or nothing will affect me anymore?

I am happy, time to go home for a holiday :D

This is great news indeed.

@ eusmile we all amile:

Thank you so much for your help and support. without kind and helpful people like you I would have been nowhere

Guerro wrote:@ eusmile we all amile:

Thank you so much for your help and support. without kind and helpful people like you I would have been nowhere

Thanks for sharing, Guerro

Every case is different! Perhaps your ex didn't send the letter after all. Lots of people said so, but they regretted soon after what they said.

I send out my EEa2 for ROR, got the COA today.

Did you get your passport back before you RC was issued?

I wonder if I should wait or get my passport soon, as I have a travel plan on Dec 19.

Congrats Guerro!

*sigh*.... I am still waiting for my papers to come through. The sight of the postman with nothing to deliver is becoming a depressing sight!