EEA family permit card

[Yana32]

Help please! I'm completely lost. My 5 years EEA card is finishing on 6th December. I have russian passport and my ex and kids are german.We are separated for two years already and there is a court in place where it says we have shared custody.
At work they asked me to show them my renewed visa when time comes.
I don't have the kids passports as my ex has it and refuses to give it to me.
We are still officially not divorced. How can I prove that I have the right to work here?
Regards

Yana

[NikiGio]

Hi Yana

Sorry to hear about the situation - it's tricky.

I understand you're legally separated and share custody of the children - I think one route open to you would be applying for EEA (PR) through Retained Rights of Residence (RoR), either as the ex of an EEA national or as the parent of EEA nationals.

Have a look at the HO page on RoR:

https://www.gov.uk/government/publicati ... -residence

I don't know whether taking the RoR route would be quicker than renewing your existing card - I'm not clear which type of card you have.

I understand RoR aplications are tricky and can be lengthy (6 months) - so given your existing card expires in December, I strongly suggest you consult a lawyer to defend your interests, given also your husband has so far refused to give you your childrens' passports.

Good luck

[NikiGio]

Yana

If you're not divorced yet though, you may simply be able to apply for PR if you've been married for at least 5 years. Your husband will need to provide proof of exercising treaty rights in the UK for a 5 year period (or provide his PR card if he has it). If he doesn't provide that, you need to show you've made reasonable efforts to request this information. You can then explain tge situation and ask the HO (via a covering letter) to exercise discretion and search themselves for HMRC records for your husband.

Another issue will be that your application for PR before divorce won't be valid unless you provide your husband's passport or national ID - again, if he doesn't provide it, it requires some technical skill to explain the guidance and see what discretion the HO can exercise to overlook this requirement - hence the recommendation to consult a lawyer.

[Maria33]

Hi Yana! My situation is very similar to yours.
Did you find a way to proof right to work or to apply for any visa?