EEA 4 separated couple

[Freezer]

Hi Everyone,
I urgently need your wise advise on this.
I'm a non EU national, I moved to the UK with my EEA wife in 2013. I was issued an EEA familly member permit to enter the UK. We then got married and I was issued a 5 years residency card that expires in December 2018.

Things haven't been great recently and my spouse and I have been separated. However we haven't start any divorce proceedings.

We both have been employed since we moved to the UK.

I now would like to apply for the Permanent residency but she refuses to provide me with her ID and payslips.
I thought of starting the court proceeding so that I could end the marriage with decree absolute and then apply for the retained right but she threaten she will purposely drag the divorce procedure until my residency card expires.
In either case I ll still need her ID and payslips?
I don't know what are my options, I only have 2 months left until it expires.
I ll really appreciated any bit of advise.

Many thanks

[mamalicious187]

Hi Everyone,
I urgently need your wise advise on this.
I'm a non EU national, I moved to the UK with my EEA wife in 2013. I was issued an EEA familly member permit to enter the UK. We then got married and I was issued a 5 years residency card that expires in December 2018.

Things haven't been great recently and my spouse and I have been separated. However we haven't start any divorce proceedings.

We both have been employed since we moved to the UK.

I now would like to apply for the Permanent residency but she refuses to provide me with her ID and payslips.
I thought of starting the court proceeding so that I could end the marriage with decree absolute and then apply for the retained right but she threaten she will purposely drag the divorce procedure until my residency card expires.
In either case I ll still need her ID and payslips?
I don't know what are my options, I only have 2 months left until it expires.
I ll really appreciated any bit of advise.

Many thanks

Beg her, involve friends and family if you want to remain

[Obie]

No need to beg and demean oneself. If you ask and she refuses to help, it is not the end of the world. There are steps that can taken.

OP could start divorce, if she fails to sign, OP can apply for dispense without service, or get bailiffs to serve on her.

[Freezer]

Many thanks obie for your quick reply.

Sorry for asking, what OP stands for?
In the meanwhile as I have only 2 months left, how long will the process take? I'm worried to lose my job once my residence card expires in 2 months.
Thanks

[CR001]

OP = Original Poster.

[Freezer]

Thanks Obie.

My Residency cars is due for renewal early January. As the decree absolute is unlikely to be granted by January.
Can my employer decide to stop my employment when my residency card will be due for renewal?
Can I apply for the retained right, get the COA and show it to my employer while going through the divorce process?

Many thanks for your wise advise.

[Obie]

A person retain the status of family member of a qualified person or an EEA national with a Right of Permanent Residence for as long as the EEA national continues to be a Qualified person or an EEA national with a right of Permanent Residence and the marriage has not been dissolved by the competent authority.

[Freezer]

Thanks Obie. So I cant apply for retained right unless i have got issued the decree absolute.
If so my only option is to apply for PR and joint my spouse birth certificate, that's the only ID I have from her. She wouldn't give me her passport or payslips for the past 5 years.
Can her former employers accept to give me her employment letter without her consent?
Thanks again

[Freezer]

A person retain the status of family member of a qualified person or an EEA national with a Right of Permanent Residence for as long as the EEA national continues to be a Qualified person or an EEA national with a right of Permanent Residence and the marriage has not been dissolved by the competent authority.

What if she still refuses to give me her previous payslips/ employment letter for the past 5 years after the divorce?

Furthermore, how would I convinced my employer that im eligible to work in the UK in the couple month when my RC will expire ?
Thanks

[Freezer]

Hi Everyone,

Urgently need your help.
I have filed the divorce. I havent received any decree.
As my residency card expires soon, I would like to send my EEA 4 application to the home office. However my wife has refused to give me her EU passport.
Could you please advise what are my options?

Thanks in advance for your help.

[Obie]

You will need to contact HMRC to get her employment history, provided of course she was working.

[Freezer]

Thanks Obie. Do you think HMRC can release this information without her consent?

Also could you please confirm that I can apply for PR through EEA and not " retained tight" as long as the decree absolute haven't yet been issued?

Many thanks

[Obie]

I am unable to confirm much or anything, as you have little or no evidence of her activity for a continuous period of 5 years.

Your case is on the higher spectrum of difficult. As one does not know much about your ex. During the divorce, you could have made an ancillary relief application and request her last 5 years work history.

[Freezer]

We live together so I know, she has continiously worked for the past 5 years. But she won't give me her payslips.
As for the divorce I have only sent out the D8 forms early this month.

Hope there was a possibility to get her employment history from HMRC.
Even a solicitor can't request this from HMRC?
Also she won't give her passport, but I have on this portal that an email from her mentioning it would be sufficient.

Thanks Obie

[Freezer]

Hi Everyone,

Can you please confirm if EEA national passport photograph has to be sent along with the EEA4 application form?
If so, are there any alternative if she refused to provide her photographs?
Note that the EEA national is not applying for the PR.

Many thanks,

[Obie]

They are not strict with passport photograph, but they will need the EEA national's passport.

Your lawyer may be able to secure her employment history.

[Freezer]

Will a certified photocopy of the EEA National passport at the post office in the UK be OK?

Thanks