Hello everyone,
I think many of you know my story, but this is the summary in brief:
married to EEA in August 2008
came to the UK Feb 2009 with a family permit
separated in Nov 2011, decree absolute in July 2012
ex is issued PR card dated 31 January 2011, she has been working for the same employer for 7 years. I have been working and I can support myself.
Supporting Evidence:
my passport, my RC, ex photocopy of passport, ex photocopy of ID card, photocopies of ex's one payslip and 4 P60s, ex letter from employer in 2010 that she has been employed for 5 years, ex letter accompanying PR card to confirm her status as PR holder, 17 pieces of evidence in my name to confirm co habitation, 10 pieces of evidence in ex name to prove co habitation, 9 pieces of evidence in both our names to the same address, marriage certificate, decree absolute.
Relationship with ex:
it ended in a dramatic way and I can't get hold of her, she removed me from facebook, skype, email, telephone and most recently she changed address and the previous landlord said he doesn't know where is she (but I believe he knows but doesn't want to tell me).
Covering Letter I will be sending to UKBA contains:
"UNCOOPERATIVE ESTRANGED SPOUSE:
Please note that the marriage ended acrimoniously and my estranged spouse doesn’t want to keep contact with me. She removed me from her social networks contacts, Skype, email and telephone. I visited her landlord recently and I was told she has changed her address and I don’t know her new address. I have made every possible effort to keep in touch with her but couldn’t get her help.
In the light of Amos VS Sec Of State and the freedom of information request (Ref No 23592 on 15 August 2012) whereby a pragmatic approach can be followed with applications for retention of rights where the relationship has ended acrimoniously:
“Caseworkers must look at each case according to its individual merits and where they are satisfied that there is a valid reason why the applicant is unable to get the required evidence, enquiries must be made on behalf of the applicant where possible.”
I hereby request the Secretary Of State Home Department to carry out one of the following checks to prove my estranged spouse was a qualified person up to the date of decree absolute:
1- Check the UKBA database to prove she holds a permanent residence card. Permanent residence status is lost only in case of continuous absence of 2 years. Her permanent residence was issued in Jan 2011 and decree absolute issued in July 2012. So, she is a permanent resident, a qualified person and exercising treaty rights up to the date of decree absolute.
2- Check with HMRC to prove she is working and paying tax up to the date of decree absolute
3- Check with the xxxxx xxxxxx records that she is employed there between September 2005 up to the date of decree absolute."
MY QUESTIONS NOW ARE:
1- I need my passport to sort out many things in the time being and I have fear of being rejected (in which case UKBA holds the passport till deportation). this is unfair, shall I request the passport after receiving COA or leave it for them, report it lost and get a replacement?
2- Shall I add or remove anything from the covering letter? any ideas or suggestions?
3- If worse come to worst and I have to go to court, is it still guaranteed to obtain ROR or there is a real risk of deportation or losing the case at court as there is no more evidence to present?
Thank you everyone
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