GURUS HELP NEEDED !

[austin100]

A family member of mine has applied for Retention of residence card, that her ex-spouse was a Job seeker..She provided evidence that her Ex-spouse was searching for Job as the time of Divorce:
1. Copies of Applications Forms
2. Interview letters
3. Job centre forms
4. e-mail from Agencies

She received a letter from Her Case worker saying :

Dear Miss M,

You have applied for a United Kingdom residence Card as former family member of a European Economical Area (EEA)
To enable the application to be considered , you should send to this office the following document:

.Evidence your former EEA family member was exercising treaty right for minimum of 12 month before becoming a Job seeker.

. The date your fomer EEA family member left employment

Now she thinking of approaching her ex-spouse employer to provide her with a confirmation letter stating this two requirement.

Gurus ! Obie , EUsmile and others . Will this letter from her ex-spouse employer be good enough if they willing to write her this confirmation letter.
As this is only way she can approach them . since the ex -spouse is been unco-operative

Thanks for your reply[/b]

[EUsmileWEallsmile]

You might find that the ex-employer would be unable to provide details as it would breech confidentiality.

Is the applicant represented by a solicitor. It may be possible to mandate that the uncooperative ex-spouse provides the required information.

I have no experience in these matters.

[austin100]

Thank you Eusmile.
She is considering using a solicitor for this purpose.
Like I asked Will this confirmation letter be sufficient for the requirement by the case worker

[wiggsy]

Dunno if this is going to be helpful at all:
Retained Rights of Residence Evidence Policy - it is possible that the Home Office hold the "required information" on file already? Perhaps from previous applications ETC (Family Permit ETC?)

You might find that the ex-employer would be unable to provide details as it would breech confidentiality.

The ICO decided that my old employer contacting a new potential employer and stating that I was off work periodically with sickness (without any reference request etc) was perfectly fine... It appears confidentiality doesn't go as far as a lot of people believes it does.

Despite my old employer disclosing my name, address and NINO to another organisation/business, the ICO decided that no breach of the DPA had taken place...

[askmeplz82]

is your family member from A8 countries?

because A8 national needed to register under WRS then work continuously for 1 year to be eligible to apply for EEA1 and NON EU national EEA2

this can satisfy home office 1 year requirement ( correct me if i'm wrong )

[vinny]

since the ex -spouse is been unco-operative

If refused due to lack of evidence from ex-spouse, then appeal and use the Tribunal to help.