Eea spouse refused PR can i apply but separated 5 years

[Lost1]

Hi everybody i would like to know if i can apply for permanent resident permit we are separated.
We were married in 2007 till 2012,
We lived through this whole time in uk,and married in uk.
We separated in 2012 but still not divorced.
I applied after separation for permanent resident permit along with ex original documents. But refused because only one p60 was missing. Which ex was not helping to give me.
All tribunal refused my case,
Now i convinced ex to provide the documents. Again to apply for permanent resident permit.
Q:-What documents do i need to send and till which date.?
Q:-can i apply even we are separated?does separation matter after 5 years living together in a marriage.
Q:- do i need divorce first?
Q:-or can i apply without divorce because i m not applying for retain rights because our marriage last for five years?
Q:- ex can only provide attested photo copy of passport not original?

Many thanks.

[nidaulhaque]

You can apply again with the proof of 5 years exercising treaty rights, no need to wait for divorce, you must need her origional passport, or ID card otherwise they will refuse again

[EUsmileWEallsmile]

I would agree with the previous poster.

There is no need to live under the same roof (case law Diaitta).

While it would be perhaps better to have original passport, this case law will be relevant to you.

http://www.bailii.org/uk/cases/UKUT/IAC ... maica.html

[Obie]

You could get a letter from her employers confirming the length of her employment. You could get a record from the tax office, or her employment history.

For PR application, original documents are required, but if they have previously seen it, and were satisfied with it, and you can provide a reasonable reason for not providing the originals, then you should be ok.