About ROR,,Losing my hair cos of stress

[elturco32]

dear friends,,
i have a question..i would be happy if u answer it.
im non eu married with eu citizen..
married 11..2010...came to uk may 2011..i got 5 years residence till july 2016
im about to divorce my wife because of her behavior to me...she behave me as a slave..she check my everything online..oyster..online banking etc....
so i left home and living separetly....im about to divorce...i know that im eligible to have ROR but
the question is that im sure %100 she wont cooperate giving me her payslips or p60 for me to prove she has been exceise treaty rights till divorce legally finalized..so i just have her 4 year p60 copies...is that enough?
she has been working in the hospital...they can help me about giving a paper showing she works there?
pls help me guys....im so stressed....im losing my hair cos of stress.....by the way i have been working for 2 years....
thank you so much...

[Amber]

Someone checking online accounts doesn't make you a slave

[elturco32]

It was a simple example....i dont want to tell more about my relation here....if u want to answer my question...pls go ahead...thnx

[Imshzd]

You are require to provide her original documents.
You are not divorced yet so losing hair might be the age factor.

[Amber]

You may request that the UKVI/Tribunal confirms her worker status with the HMRC at the time of decree absolute being issued.

[elturco32]

Thank you amber for answering me...
Can u pls explain me more about UK6?
What is it about?
Tnx again..

[Amber]

Sorry?

[Imshzd]

Thank you amber for answering me...
Can u pls explain me more about UK6?
What is it about?
Tnx again..

UKVI means United Kingdom visa and immigration.

[rosebead]

The Home Office has the power under s.40 of the UK Borders Act 2007 to assist in getting evidence from HMRC that your wife has been exercising Treaty rights (i.e. tax and National Insurance records). As Amber said, you or your solicitor could ask the Tribunal to direct the Home Office to get this evidence for you. See here.

[elturco32]

Thnx ROSEBEAD for answering me...
I hope they will help me ..i mean home office and trubinal...
I just want to ask u a question...
My wife has been working in uk more than 6 years with same company...she is eligible for permanent redidence card..but she didnt want it..
I have read things in this forum like after 5 years..eu citizens automaticly get their permanent residence....
So the question is i have to still prove my wife excerise treaty rights?,,,,or this 5 years things can help me somehow?
Thnx very much

[rosebead]

Even if your wife is a Permanent Resident (PR), you would still have to prove that she was PR. Obviously if she had an EEA3 PR card and you had a copy of it, then for ROR you would not need to prove that she was exercising Treaty rights during the divorce proceedings, although you would still have to prove that she has not been absent from the UK for more than 2 years since she got the PR card - this can be proved by one official document (like a bill) with her name on it from each year that she has been in the UK since her PR.

However since she doesn't have a PR card, you have to prove she is PR in another way which you can only do with 5 years of proofs from her. No easy way around this I'm afraid. Or you could try applying for spousal maintenance during your divorce. This will force a financial disclosure from her (which could be proof that she works).