EEA4 - Separated from wife and not cooperating

[Sekai81]

Hi all,
This is on behalf of a friend. He has been married for 15 years and lived in Zimbabwe with wife and children. They moved to the Uk and wife is Eea national. He has been in the uk 5 years now and working since 2007. He has a residence permit through his EEA wife. They are however now separated and divorce is in process. His residence permit is due to expire in November 2012 and the wife has refused to help him with EEA4 application. She has refused with marriage certificate, her passport, children's birth certificates, and employment evidence. Any advise will be much appreciated as to how to move forward. Is there an alternative route to apply? And what about retention of rights without divorce? Thank you.

[Jambo]

Assuming his wife has been exercising treaty rights for 5 years, then he would obtain PR automatically and he won't be illegal even if his RC expire. The problem is proving his status (if this is required by employer).

You can't retain your rights without a divorce but there is no need to retain them as he should have PR after the 5 years.

[Sekai81]

The wife has been working for at least five years. We have no way of proving she has been exercising treaty rights as she is refusing with payslip or letter from employer and has said her passport has expired. Is it possible to use a provisional licence as a form of ID instead of her passport.

Regards

[anp]

Your friend needs to hire a solicitor to represent him. The case is complicated. Without being able to prove that his wife exercised Treaty Rights for 5 years, and common residence it will be extremely hard, expensive and lengthy.

[Obie]

What is the situation with the children?

He can secure right of residence after divorce based on the children.

The fact that the passport is expired, is not a sufficient reason for Right of Permanent Residence to be refused.