Wife she doesn't co-operate

hello guys

so i hv been here almost five years got RC but separated about a year and half now but divorce didn't finalized yet , so we still married ,and my Rc about to expire and i need now to apply for PR as our marriage last for more then three years and we lived together all that time , my wife she got a PR plus she excising her treaty right all time and i work full time , the problem now she didnt want to give me her passport and papers so i can apply for my PR , what shall i do ? please help

Thank u

Have you got divorce yet?

If she does not assist, then you have some difficulties.

You may need to seek assistance from Home Office or Court.

hey Obie
no i have not got divorce yet . i hv got her PR card and copy of her passport and some papers like council tax bills and phone bills , is that not enough ? can you please tell me how i seek assistant from HO or court ?

smirxxx wrote:hey Obie
no i have not got divorce yet . i hv got her PR card and copy of her passport and some papers like council tax bills and phone bills , is that not enough ? can you please tell me how i seek assistant from HO or court ?

After application.

When was the PR card issued?

you mean Her PR ? right ? it was april 2013 .

Then you have a bit of a problem as it is 2 years since it was issued.

It is advisable that the divorce commence ASAP if the marriage has irretrievably broken down and there is no prospect of reconciliation

what you mean Obie 'as it is 2 years since it was issued' whats that going to change if it 3 years or 4 when it was issued , it just a permanent card and its her card not mine it just to prove that she was qualified person and she working and as an ID in same time no ?

I am just telling you what the law says.

If the PR was under 2 years, then only the PR alone would have sufficed as evidence of residence and treaty rights, but as it was issues over 2 years ago, you need to show evidence that continuity of residence has not been broken

oohh right thank you Obie understand now , so the only option i got now is that i seek assistant from HO or court , i have no clue what to do ?

You may need a divorce first and retain your right exclusively on your own.

Obie ,divorce started but hv not heard anything yet and probably going to take ages , and i only got 3 months left before my card expire ,? and even if i got divorce still have not got documents to show HO or just her PR will be enough ?

When did you start living in the UK as man and wife?

I don't think things are hopelessly bad.

Is there a solicitor dealing with the divorce? Have you considered Ancillary relief application?

That may help.

we start living together in the just 2 months after we married abroad ,so that was in April 2011 , and no for both questions below

So you started residing in the UK with her in April 2011.
Correct? When was the Residence Card issued and when will it expire?

sorry was 2010 i supposed to say . Rc issued Oct 2010 and will expire Oct 2015

There might be some hope.

On what grounds the divorce is and who started? You already separated 1.5 years ago then what divorce reasons were? And what stage divorce reach?

I don't believe the reason for divorce is relevant to granting the application.

Casa wrote:I don't believe the reason for divorce is relevant to granting the application.

I think you are not aware that the form does ask the reason of divorce and in many cases where EU national starts then most often as a petitioner add the allegation of marriage of convenience which can disturb the case. That's why I always suggest non-eu national that first sort out their status without divorce but if divorce is only way then they start to become petitioner to get the full control.

Appreciate the correction, but surely if the EU national sites 'marriage of convenience' for reason of divorce they would only implement themselves in being complicit in an illegal sham marriage?

Obie wrote:I am just telling you what the law says.

If the PR was under 2 years, then only the PR alone would have sufficed as evidence of residence and treaty rights, but as it was issues over 2 years ago, you need to show evidence that continuity of residence has not been broken

@Obie,
Pls your statement about is of interest to me if you can please guide me on this. My ex-husband has lived and worked here inthe UK since 2001 except in 2011 when he travelled for 1.5 years. He never applied for PR. We married in Jan 2010, divorced in Dec 2014 and I now hold ROR issued in May this year.

I intend to apply for PR next month as I have already passed 5 years from date of marriage (Jan 2015). I have his employment history from HMRC from 2005 to 2010 which I intend to use as proof that he had PR when we married. However I dont have any other proof of residence for that period apart from the employment histroy on one letter from HMRC.
I have proof of his residence in UK from 2010 till date with the 1.5 years gap.

Please how do I go about this? Will the 2005-2010 employment history not be enough? Will I need other documents to proof his residence for that period?

Thank you for your help.

UKBA HUNTER wrote:On what grounds the divorce is and who started? You already separated 1.5 years ago then what divorce reasons were? And what stage divorce reach?

Hello Ukba Hunter

I just applied to the court for permission to divorce , reason just cant live anymore with that woman cause she is so jealous always accusing me of cheating even if i go down road to get milk she say with who you were ? its insane situation and texting all time when i am out and arguing all time so life was hell even i started to take depression tablet , and when i left she said she going to cancel my RC and kik me out of the country , dont know what she did by now ?

I don't believe it is necessary for a person to show the petition to the Secretary of State. Since the new form came in, I have not advised any of my client to provide a copy of the petition.

Just a letter from the coury confirming that the petition has been lodged, will suffices.

The Directive and EU law, only requires evidence of when an application was made for divorce.

smirxxx wrote:

UKBA HUNTER wrote:On what grounds the divorce is and who started? You already separated 1.5 years ago then what divorce reasons were? And what stage divorce reach?

Hello Ukba Hunter

I just applied to the court for permission to divorce , reason just cant live anymore with that woman cause she is so jealous always accusing me of cheating even if i go down road to get milk she say with who you were ? its insane situation and texting all time when i am out and arguing all time so life was hell even i started to take depression tablet , and when i left she said she going to cancel my RC and kik me out of the country , dont know what she did by now ?

Regarding divorce:
I think you applied on unreasonable behavior ground but you should remember that these unreasonable behavior inciden ces must had happened within 6 months from divorce application times? And for straight divorce she should agree the allegation and allegation are strong to convince judge.

Regarding immigration;
You should ask/request/bargain with her for help. You may involve her most dearest person who knows you too. Try to detect her weak point to extract help. Best is request/bargain.

yes it is unreasonable behavior ground , or shall i wait until i get divorce and apply for ROR ?? i dont know how long dose it take to get full divorce ?