EEA4 during separation without decree absolute

[samuk14]

I am planning to apply for EEA4 as a non EU husband of EU national wife, we are currently separated and divorce is still ongoing, here is the story in brief and i would highly appreciate anyone's help and answers to my questions below:
June 2008 married
June 2008 EU wife started full time employment
June 2009 Non Eu husband received 5 years residence card valid till June 2014
Jan 2011 EU wife went on maternity leave for 12 months
April 2011 Child born in the UK
Jan 2012 EU wife changed employer to work part time, payment was in cash, payslips are available
Jan 2013 Separation, since then no contact and no co-operation from the EU wife, I believe she kept working as part time till August 2013 with the same employer.
June 2013 Non EU national would have completed the 5 years as a family member of eu wife who is exercising treaty rights in the UK

+++ I have got all evidence of her contentious employment till time of separation in Jan 2013, and I approached her employer where she did her part time work till August 2013 and they could provide an employment letter if needed

+++ Based on the continuous 5 years as a family member has already passed back in June 2013, Could I apply for EEA4 now?
1- Without providing the EU wife's ID or passport? (as she would never help) bearing in mind the UKBA had looked at my EU wife's ID previously when they granted me the residence card back in 2009
2- Having kept all the old employments records ( payslips, p60, employment contracts) of the EU wife with me up to the separation date and if I send them with my application, Will I be asked How did I get those documents if I am in a separation now and she is not co-operative to provide her ID?
3- since separation date in Jan 2013 till June 2013, she used to work part time as her employer told me, obtaining a letter from that employer is going to be enough to proof her exercising treaty rights as worker during that period?

Many thanks indeed for your help

[samuk14]

Anyone's opinion yet to the above story please

[askmeplz82]

Separation does end an EU law right to reside: You are still a family member of an EU national
as i can see you have got all the evidence of her contentious employment till time of separation in Jan 2013 and letter from the employer where she was working till June 2013

If we look at this forum almost everyone who send EEA4 without EEA national ID or Passport UKBA refused their PR application

I think you need a Lawyer who can argue the case with the UKBA if they refuse to issue you PR because of this.

check this out..


http://www.immigrationboards.com/eea-ro ... ml#p933588

[samuk14]

Separation does end an EU law right to reside: You are still a family member of an EU national
as i can see you have got all the evidence of her contentious employment till time of separation in Jan 2013 and letter from the employer where she was working till June 2013

If we look at this forum almost everyone who send EEA4 without EEA national ID or Passport UKBA refused their PR application

I think you need a Lawyer who can argue the case with the UKBA if they refuse to issue you PR because of this.

check this out..


http://www.immigrationboards.com/eea-ro ... ml#p933588

Many thanks for your advice
Does that mean any application will be definitely refused as no evidence of the EU national's ID provided? So what about if UKBA had already looked at that evidence when they previously issued the 5 years residence card, Could that be sufficient? Is that a law policy to address with UKBA when sending such application in this situation?

[askmeplz82]

section 11 EEA4 form

Your EEA national family member’s current passport or ID Card. If they do not have a passport or ID card, you must provide another form of identity.


please ask forum members who already applied

http://www.immigrationboards.com/eea-ro ... a4#p983678