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Thanks guys i have carefully read and followed up this tread for sometime now and i must say a big thank you to all of you.this tread has saved thousands on solicitor for many people. I wish i knew this on time.

My case is kind of complicated but if you follow carefully,you will understand my position.I am a Non EEA but got married to an EEA National in 2003 in Her own country while i was studying there and after our marriage we relocated to the UK, First i got the EEA family member permit valid for 1 year and on expiration, my wife using her own solicitor applied to the Ho and i got 5 years.while in UK both of us were employed and living together but my wife lost her job in 2006 and went on housing benefit while i became the only one working.

We started having problem in our marriage in 2007 and we struggled all through 2007 and in 2008, i moved out and we separated but she wouldn't let me have the marriage certificate. so i decided to request for a replacement copy from the EU country where we got married only to be told that my wife got me divorced in 2004 which obviously was without my knowledge.I have been on this case since 2008 and now the country's (EU) court requested that an appeal be made with all proof using a solicitor which i did and it is presently at the High court for criminal cases.

But the 5 years i had expired in 2009 before expiration,my solicitor has said the best thing was to apply for extention of stay in the uk on the ground that i have a cousin who is an EEA National settled in the UK.this was refused. we went on appeal,it was dismissed and went to the upper tribunal it was dismissed.

While this was happening,i didn't get any response from the country (EU) Court but in August 2010,the court sent me every detail regarding the divorce she lodged with the decision of the court based on the information she gave them and i discovered that my wife had told the court that a few days after our marriage,i disappeared and she is left alone.She also told the court that she tried so many times to contact me, but to no avail.The court took sometime to look for me in the country,obviously i didn't live there anymore this is because she told them i am still in the country.She gave the court a false address of me in that country knowing that i do not live there,the court contacted me on that address and obviously,i am not there so they believed and granted the divorce.I believe my wife did it for monetary reasons but for what ever reason, that is criminal.I got information that she was also on benefit in that country as well as UK.

But what surprised me was that we have both been to their embassy many times to obtain visa for me to enable us travel to her country as we made regular visits to her country.why didn't the embassy inform me of the unlawful act she committed against me?

When i put in the appeal in court, the court requested that i must use a solicitor from their country.I told then i can't afford it because i had lost my job then.That was when state then decided and granted me legal aid enable the case to proceed. Although a decision has not been reached, the court and the lawyer they appointed to handle my case regularly sent me written documents from time to time informing me how the case is going which i then put together.

I just made up my mind one day and went straight to the home office in person and i was so blessed that they agreed to see me on the day.

It was then i was told that based on the new evidence that i now have that they will put me on reconsideration.Today, I just got my document back and reconsideration refused.the reason was that the new evidence was not considered because they are fresh evidence.I was asked to send in a fresh application using EEA4

You can see that it is a very sad story.My wife is still here in London and she doesn't go to the her country because if she did she will be arrested.When i reported to the police,the police confirm it is an offense but they can't do anything because she did not commit the offense in the UK.

The Question is, If i apply for EEA4 will they require her passport as i do not have her passport and i don't even know the passport number but all other documents, i have including bills, bank statements,tenancy agreement, council tax,Hospital letters,photographs (Albums).invoice for plane tickets.I have been working since 2003 till 2010 when i lost my job but my wife lost her job in 2006

Can somebody tell me why didn't my solicitor go down the EEA route before?I wasted thousands on solicitor and home office fee.it is very upsetting.Please kindly help me with what you think i should do at each stage.I have been looking for work but the home office is not confirming my eligibility to work.what should i do?i need to work while i am waiting.

you case is easy ,you need to apply for pr based on the fact hat you were married to an eu national and you were with her for more than three years.it i will be granted.

Thx toni34, that is what i am doing now puting all the evidence/documents together to send off by monday.Thx i really do appreciate.

i dont think so toni34 because they were not married for 3 yrs .if you read the post .the op said they were married in 2003 and the wife divorce him in 2004. there is still a problem i am afraid.[/u]

No, this case is certainly not easy because it is obviously not clear whether the divorce from 2004 is legal or not. If it is not and the marriage is legally still intact the full support of the EEA national will be needed, most importantly the passport and all documents proofing that treaty rights were exercised for a continuous period of five years and residency for the same period. What was your wife doing since 2006? If she was self-sufficient since then you would have needed comprehensive sickness insurance for the both of you for the past 4 years.

See also OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003.

Thanks 86ti Guru for your contribution.As far as i know we were married till 2008 when i moved out.Though i later find out that she divorced me in 2004,it is obviously not right.Filing in a divorce is not a problem but the EU regulation made it clear that you do that in the "country where you and your spouse live if you no longer live in the same country, the country where you last lived together - if one of you still lives there" Which in my case is not so both of us live here in the uk.The case is in court in the Eu country awaiting decision.we are looking end of January for the court decision which by Gods grace will be in my favor.

She lost her job in 2006 and since then has not been working as i became the bread winner till 2008 when i moved out.She was receiving housing benefit and job seeker allowance.I also got information that she was receiving some benefit in her EU country.that is the reason she can't even go there now and its so unfortunate that the British police can't do anything to her here since she didn't do it here in the UK.

Ive got every every document except her passport and former employer papers or payslip.But i have the full details of her former employer.Thanks guys.

Thanks vinny Moderator, that link was really helpful-We were married and lived in the Uk for five years.And we both are still in the Uk except that we are not together anymore.

Thanks fisayo, we were married for five year as far as i know and didn't sign anything.The court divorce decision was based on lies and deception which is the reason why the case is in court awaiting decision right now.Bless you man

Technically, you are married until you are legally divorced. You haven't pick up on the fact that she was a self-sufficient for years. Did you have comprehensive sickness insurance (no, NHS does not count)? Being on benefits may be a problem in this situation too (see Chapter 12 in the ECIS). Knowing the details of her former employer alone won't help because you would need her P60s or payslips.

Thx 86ti Guru, we are not together anymore.after she lost her job in 2006,se was bussy looking for another job.We didn't have a Comprehensive sickness insurance and now I can't do any comprehensive insurance for a family that is separated.obviously, there is no way i can lay my hands on her p60 as she was last in employment in 2006. I am send what i have to the HO.Technically, if we were married, living together and employed for more than 3 years, i assume it shouldn't really be a problem.This means that my EEA spouse was exercising treaty rights in the UK for the whole 3years. Thanks a lot your view is much appreciated.

Does anyone has any opinion on this?

donwhitee wrote:Thx 86ti Guru, we are not together anymore.after she lost her job in 2006,se was bussy looking for another job.We didn't have a Comprehensive sickness insurance and now I can't do any comprehensive insurance for a family that is separated.obviously, there is no way i can lay my hands on her p60 as she was last in employment in 2006. I am send what i have to the HO.Technically, if we were married, living together and employed for more than 3 years, i assume it shouldn't really be a problem.This means that my EEA spouse was exercising treaty rights in the UK for the whole 3years. Thanks a lot your view is much appreciated.

Does anyone has any opinion on this?

I believe the best way to deal with this situation, is to seek an amicable outcome with your wife or estranged wife. Seeking to get her prosecuted will not help your case at all, in fact it will hinder it.

The divorce is simply not valid, but to seek to get a divorce from ones husband is not really a criminal offense, as she can argue her case, and it will be her word against yours. However if the divorce was to stand it will still not help your case, except if it was obtained after the 3 years of marriage, and you can show that until the marriage was finalised, she was exercising treaty rights.

On the other hand you can claim rights on the basis of five years if marriage, and residence in the UK, but you will need proof of five years of treaty rights which i think you are unable to provide at present.

The burden of documentary proof is very high, and i fail to see how you can get them, in order to support your application, without her support.

What she did is wrong, but you have to calm down, and have an adult chat with her. Who know, you might come to an acceptable arrangement for the both of you.

I wish you all the best.

Thanks a lot Obie, the divorce will certainly not stand because hundred of evidence has been presented to the court.What i assume the court is going to do is revoke that devorce decision.Once that is done, our marriage will become valid till a fresh divorce procedings is finalised.

I am doing what i am doing to be sure it doesn't happen to anyone else in the future.She needs to be brought to book for her wrong doings.If you don't want your husband anymore, then seek a divorse in a proper and legal way.She divorced me and was still enjoying very benefits of a married woman deceitfully.

Hi guys, i've found some few payslips of my wife will this help?