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Hello everyone.
I would like to hear your experiences with unhelpful ex partners not collaborating with your application for ROR after divorce.
My ex wife has all prof of address that we share a marital home, but refuses to help me by handing them over. I haven't even asked for her passport yet, but its extremely likely she won't cooperate. Even worse payslips or a letter from her employer.
So how did you good people managed to get around this, if you managed at all?

Some background information. We married in March 2012, and separated by December 2013. We are still legally married since the divorce proceedings haven't started. My Rc runs out in August 2017.

HO/UKVI can be pressed, under Section 40 of UK Borders Act, 2007, to check for and obtain relevant & necessary evidence related to your (ex-)spouse.

If UK Border Agency is directed by an Immigration Judge to contact another government department to obtain evidence on the exercise of Treaty rights, the Agency will comply with this in all cases.

In such circumstances, however, UKBA would hope and expect that the Tribunal would not make directions where the applicant has not even attempted to obtain this information themselves.

See also HO guidance here:

When a non-EEA national has previously been issued a residence card this only demonstrates that they had a right to reside under the regulations on the date it was issued.

The family member will retain the right to reside in these circumstances if they can satisfy the relevant conditions of regulation 10.
If the family member cannot satisfy the conditions, you must refuse their application and revoke any registration certificate or residence card
that has already been issued

https://www.gov.uk/government/uploads/s ... _clean.pdf
- see also requirements of regulation 10(5)(d), pg 18+

Thank you for your reply.
Would that include the local council? I mean for the council tax relevant to the period of cohabitation.

psuch2 wrote:Thank you for your reply.
Would that include the local council? I mean for the council tax relevant to the period of cohabitation.

You should be able to get such information from council yourself.

Thats great, I didn't know that. Thanks for the links, some very good information. Although I am still concerned about getting her passport, would a scanned copy be enough?

psuch2 wrote:Thats great, I didn't know that. Thanks for the links, some very good information. Although I am still concerned about getting her passport, would a scanned copy be enough?

I seem to remember other members have reported success with a scanned copy being accepted in similar circumstances.
No guarantees but if you explain the situation in a cover letter HO may make allowances.

More on difficulties in obtaining critical evidence in such cases:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see pages 31-33

see also: https://www.freemovement.org.uk/evidenc ... nce-cases/

Why don't you allow a lawyer to handle all this hassle for you together with all this valuable advice given.


You do not need your ex passport ones you have divorce to make any further application. All you need is her treaty right from the date of marriage /issue date of RC till divorce date.

Council authority will not talk to you if your name is not included on the bill.

Most importantly you need to show that you're working from your divorce date onwards otherwise your ROR will be refused. Also I hope your ex hasn't claim housing benefit in the past. That will not help the application as well.


Good luck.

Thanks for the advice.
Yes I plan to have a lawyer to handle everything for me, I feel it's a bit overwhelming to do it on my own.
Answering the question, no she hasn't claimed housing benefits and she has always worked.
My name was in the council tax at the time, so the council should be able to help me.
Thanks once again. I now know what steps I must take.

That's good you may proceed.