EEA Family Member. Retention of Permanent residence

[flexcyb]

Here is my story.. I was married in 2004 to an EEA national. Granted 5 year permit in 2006. Expired in 2011 .Applied for divorce in Late 2012 got granted decree Absolute. In that time, the marriage collapsed and my wife went back to her country for a few week then returned back to the UK. The last time i knew of her location, she was still in the UK and exercising treaty right to my knowledge. She wasn't willing to cooperate with me in applying for my indefinite leave and as a result she didn't what to know and wouldn't keep in touch with me. I did everything in my power to try resolve the problem with the marriage all the no avail. As a result i applied for divorce on the basis of desertion and I was granted. I was able to speak to her employer recently who said he can provide me with some of her pay slips. She was only working part time less than 20 hours a week so I am not sure if she was paying tax. What other information do I need to show to the home office in order to apply for ILR?

[askmeplz82]

Can you please tell us since when she is working in the Uk continuously. It doesn't matter if she work part time. It's still work as long it's more then 10 hours per week

Can you ask her employer to give copy her P60 for 5 years and a letter when she started working and left the job

[flexcyb]

As long as i know she was working for about 4-5 years before she went back to her country. I can get some payslips from her employer and also a letter saying she worked there however I am not sure about the P60. What are my chances

[askmeplz82]

As long as i know she was working for about 4-5 years before she went back to her country. I can get some payslips from her employer and also a letter saying she worked there however I am not sure about the P60. What are my chances

EEA national can stay outside the UK for maximum 6 months in a year. More then 6 months then her residency broken. Do you know how long she was outside.

It can't be 4 or 5 years. If it was after 5 years exactly then maximum allowed is 2 years
if it was 4 years and she stayed more then 6 months then your your PR will be refused but still you can apply for Retained right of residence and for that you need to show exercise treaty right at the time of divorce until the date of the decree absolute