Indefinate Leave To Remain

[jim1984]

Looking for advice on my ex spouse who did not exercise her EEA Treaty Rights and now I'm being asked asked for confirmation of employment (P60,wage slips etc) but she doesn't have any, as she never exercised her right from 2011 until today.

The marriage broke down in 2014 and the divorce happened in 2015. I've now applied for my Indefinate and they require these things.

Any help or advice would be appreciated!

[CR001]

What form are you completing for ilr??

What is your UK immigration history?

[jim1984]

I arrived in the UK in 2008 with a 1 year visa as a student. In 2009 my school ended up being a bogus college and was closed down, my application was rejected. I went for an appeal and I was granted a 3 month visa to regulate my situation. I made another application as a family EEA member, at this point in time my ex wasn't working due to having a child. The application was once again rejected as she wasn't exercising her EEA Treaty Rights. I went for an appeal in 2010. In 2011 I was granted another 5 years under a family spouse . In 2014 our marriage broke down and the divorce was finalised in 2015. During this period she was a student and decided to quite the course as our marriage broke down. Up until today she has not worked.

In 2015 I had a British child with my previous girlfriend. This then led to me having a visa extension for another 2 and a half years. In 2016 I made an application with my child born in Britain and was given another 2 and a half year extension. This is due to expire in September of 2020. At this point in time being herd for 11 years, I decided to apply vfir Indefinite Leave to Remain under the 10 year route. Now I am being asked to provide P60, wage slips or a letter from her previous employer, which she doesn't have as she hasn't worked. What can I do?

[CR001]

For ilr under 10 years long residence you are expected to provide substantial evidence of your EU ex being a qualified person exercising treaty rights for the whole time you are using under the EEA route.

[jim1984]

She hasn't been exercising that right and i have no evidence to proove that she had started working at this point in time. Thank you for your help anyway.

[CR001]

Your rights under the EEA route mRNAs you only have legal residence if your EU spouse is exercising treaty rights. If she was not, then any application you make will likely fail.

[jim1984]

Do you think there is anything else that can be done to another way around it?

[CR001]

There is no way around it if she did not work or have comprehensive sickness inaurance. To prove she was a qualified person exercising treaty rights.

[jim1984]

What about if she has been a student for the majority of the time?

[CR001]

What about if she has been a student for the majority of the time?

Then you need evidence of her holding comprehensive sickness insurance or a valid non UK issued EHIC card for the whole time she was a student.