permanent resident eea

[olujay25]

Hello,
Here is my situation i was married to an eu national.
Got married june 2004
resident card issued 2006
divorce initiated january 2010
when can i apply for confirmation of permanent resident and what document do i need if i want to apply under the retention of rights of residence.
This are the documents i have at the moment:
Bills for me and ex upto date
my employment history upto date

for ex:
work history and payslips from 2004-2006
she stops working full time and doing a 2 hrs cash in hand job in a saloon who is ready to give me a letter from june 2006 till oct.2009 but i am worried about the no records of tax during that time
full comprehensive health insurance valid from last year till end of 2010
inland revenue letter of ex- spouse self-employment since nov.2009 till date
inland revenue national insurance contribution bill for nov.2009 till date as self employed.

Is all this documents enough for me to apply.
Advice please anybody

[Ben]

Got married june 2004

When did you and your spouse move to the UK?

[olujay25]

hi,
I came here 1998 and my spouse came to UK january 2004 before we got married june 2004. So i became a family member of an EU citizen june 2004

[Ben]

You acquired Permanent Residence in June 2009 then.

This is assuming your wife was working legally in the UK during this time.

[olujay25]

Like i said in the first posting, marriage broke down 2007,i didnt start divorce proceding till 2weeks ago cos i was hoping we can still sort things out but she is pregnant for another guy now and she stops working full time between july 2006 till feb.2009.Starts cleaning 2hrs daily in a saloon march 2009 and the owner is ready to give me a letter because the job is cash in hand and she starts her own business november last year got all proofs of that also had comprehensive health insurance for both of for last year valid till end of 2010.
Please read my first posting. My question is will the 2hrs working cash in hand counts or not.
Thank you for your help.

[Ben]

Please read my first posting. My question is will the 2hrs working cash in hand counts or not.

Like I said:

You acquired Permanent Residence in June 2009, assuming your wife was working legally in the UK. What happened or will happen to your marital status, since June 2009, is irrelevant.

Working cash-in-hand is legal, so long as the employee is on the books and any tax / NI contributions are paid. Your wife's P60's will show this.

[olujay25]

That is my problem now,she didnt have any payslips or p60 for the period she works cash in hand.

[olujay25]

[quote="olujay25"]That is my problem now,she didnt have any payslips or p60 for the period she works cash in hand.Only letter from the saloon that says she works there.

[Ben]

Are you saying she was working illegally? If so, funny that the employer is willing to write a letter to say she was working for them.

[olujay25]

I havent got the payslips for that period because she sent me packing out of the house in 2007 i only manage to get hold of the little i had cos they were in my possession and i knew the owner of the saloon who said he will write me a letter. The self-employed documents that she started last november was the only thing she is willing to give me. What do i do.

[Ben]

The self-employed documents that she started last november was the only thing she is willing to give me. What do i do.

Documents relating to self-employment in November 2009 are irrelevant, since you acquired Permanent Residence in June 2009.

What you need to prove to the UKBA is that you were resident in the UK between June 2004 and June 2009, with your wife who is an EEA national, who was, during this period, exercising a Treaty right.

Since she was employed during this period, you need to show documentation which will confirm this.

[olujay25]

ok thanks

[olujay25]

sorry to disturb you what if i cant prove she is working between 2007-2009 And claim self suffient what documents do i have to provide for her.
Because i am not 100% sure the saloon puts the two hours in their books.
Am i doomed!!!!!!!