P60s withheld! How to prove time worked? And my EEA2 timing.

[bluer32]

Hello

I'm the American husband of my Irish wife. She moved to the UK in 2000 and after graduating university has worked continuously here since 2004. She was employed by businesses owned by her then husband. That employment and that marriage ended in the spring of 2013. Therefore she has 9 years continuous employment and exercising of treaty rights as a worker in the UK.

My wife now wishes to apply for permanent residence in the UK. However in collecting the necessary evidence of her employment, she has had trouble getting her ex (and his accountant) to supply her P60 forms.

Can anyone here advise us regarding alternative ways of obtaining P60s or other documentation to prove the period of time employed? Can and will the Home Office check directly with HMRC to confirm length of time employed?

Another question I have is about my EEA2 residence card. Am I better off applying before or after my wife gets her permanent resident card? My wife is currently not working. Once she has obtained her permanent residence card, is she no longer required to be a qualified person as defined in the EU Directive in order for me to get an RC? If she cannot get the necessary proof to apply for her EEA3 should I just go ahead and apply for the EEA2 anyway and explain the situation in a covering letter?

Thank you in advance for responses.

[SouthWest1]

Q1: she can ask for statement of Earnings from HMRC http://www.hmrc.gov.uk/industrial-compensation/#4

Q2: better off after she gets her permanent residency confirmation, as you are no longer needs to prove that she is exercising treaty rights especially as she is unemployed now.
once Permanent residence is acquired, she is no longer required to show evidence of exercising treaty rights.

Once she obtains her statement of earnings, you can apply for your EEA2 as covering letter without any evidence of employment would be tricky and your chances to grant a RC will be slim unless you go for appeal and endless forward and backward procedures.

May be senior members can advice better?

[bluer32]

Thanks for your reply Southwest1. We will do as you suggested and write the HMRC requesting a statement.

We are considering sending my wife's EEA3 and my EEA2 at the same time. We welcome any comments and advice.