eea family member seperation

[chetan3985]

hi, i have married to latvian national in feb 2010. i received a fmrs visa on that basis in september which was valid till feb 2011. but before i can apply for eea2 me and my wife got seperated. so i applied for student visa but they rejected it on the basis that i cant switch the visa inside the country and it went in appeal with first tier tribunal, first tier tribunal gave me the decision that home office should rethink on the given decision as i am still married to eea national and as no divorce proceeding have started and as i myself have seen my wife working in same place few days back b4 the appel as a 'prima face' so ukba should give me resident card on the basis of it, but now ukba sent me a letter and asking me any proof of my wife exersizing treaty rights in united kingdom, and my wife is not willing me to provide any information about it.so how can i prove it to them that my wife is still exersizing treaty rights in uk?

last time ur online help really helped me a lot and i am very thankful about it, so i humbly request to please give me some suggestions about this time as well!

thank you very much

[Obie]

What was the content of the determination?

Did the judge tell the HO to issue you a Resident card, or to reconsider your case?

Have you any evidence that your partner is residing and working in the UK?

[chetan3985]

determination says that, as i have seen her last time working at the place where she is working at the present as well, so i am a 'prima face' and as e8 countries are unrestricted now by closure of worker registration scheme, and there is no requirement that husband and wife should remain under same roof unless they are divorced, so he suggested secretary of state to issue me with resident card, but as this was nothing to be done with point based system so they in final decision he mentioned that " tribunal allows the appeal because of respondents decision is not in accordance with the law given by eea resident rights raised by the appellant in section 120 notice, which were not considered but should have been.

the appellant's application thus remains remains outstanding before secretary of state to await a lawful decision."

[chetan3985]

at the moment i dont have any written proof that my wife is working in uk, home office asked me the salary slip or the letter from employer. but both of them i cant get without her personal permission. so what can i present to home office as a proof of her work, and i dont have her NI number as well!