Permanent Residence**Seperated but not Divorced**

[Fibre101]

Good Day,
I wonder if someone can give any guidence here as I want to apply for PR as family member of EU national. We have been seperated for a year now and my wife is not willing to help with any documents needed and especially her ID. We have not filled for divorce yet and have two kids together.
I made an application in November 2017 for PR and it was refused as I failed to provide my wife's orgional ID with no right of appeal.

CASE HISTORY:
Married in 2011.
Residence card as family member issued in 2012 and was valid until 2017.
Lived together until June 2017.
She was exercising treaty rights as employed and self-employed during all this period.
We have two kids 5 and 2 yeras old.
My wife never applied for PR for herself but made applications for kids and after satisfying HO 5 year condition of exericising treaty rights in UK, kids were given British passports.
I provided HO in my last application for PR with my wife's 4 years self-assements and 5 years HMRC emplyment history letter. Also year 2016 and 2017, P60. A few bank statements (3-4months) and also Utility bills covering year 2014-2015-2016. (this is all I have)
I also provided Bank Statements and Tax Returns and HMRC employment history for myself (5 years).
Made a cover letter explaining my situation and difficulty in obtaining the sponsor's ID.
We have ongoing Family court proceeding regarding Childern contact and arrangements. I have interim court orders for commuinty contact once a week until the final hearing which is in July. Court has instructed an EX660 from HO to confirm my immigration status before a final decision is made regarding full contact with my childern (she is using my immigration status as a reason to deny me full contact).

Question:
1) Is there any chnace of success if I was to reapply for PR and provide further evidence that I am unable to obtain the ID. (communication between my and her solicotors confirming my repeated requests)?
2) Is filling for divorce and then applying for Retained Right of residence my only option after decree absolute?
3)Is there any precedent where HO has accepted PR applications for non-eu family members who are seperated but not divorced and unable to provide all documents?

Thank you for taking time to read this post and any help will be much appreciated.

[Obie]

I beleive there is a right of appeal and you must file it. Home office is taking chances in refusing a Right of appeal and you must exercise your right.

[Fibre101]

Hi Obie,
Thank you for replying. My application was refused in January 2018 and its been a while. Do you think I still have time for appeal ?
Also I must mention that I had legal advice from two different firms and they both said I should submit a new application. I was not sure if this is the best option since none of them were convinced if a new application will be succesful (as i still dont have the ID) and yet they asked for thousands in fees to submit one.

So lets say if I appeal shall I submit further evidence to support my claim that my wife is not willing to provide her ID? or do you know by experience that HO office have considered such applications where you are applying for PR as a family member but unable to provide Sponsor's ID after seperation.

Many Thanks,

[Obie]

Well if the Home Office cannot accept your difficulties, i believe the court will. I am confident about the fact that it is an appealable decision.

As Home Office did not inform you of your appeal rights, time does not run out for filing.