Please help wife left country

[Suchalife]

Hi everyone

I'm a non eea married to eea citzen .. We got married in 2008 applied for my rc. Got it in 2010 will end in March 2015 however in 2013 after my wife been working here since 2008 including maternity leave we decide that we needed a break and she wanted to go back home ( Spain) I could of divorced her and retained my right of residence but I thought we will get back together but we didn't now I need to apply soon but I don't know what can I apply for?? Please help it's depressing as Solictor said its late to divorce because she wasn't actually living here before divorce if we go for one ( she visited me few times in 2014 and did some part time self empolyed business) and she wasn't exercising her treaty rights

What can I apply for please?? I been working as a manager for a decent company for 5 years and earn decent salary never stopped for a day

Eea4
Divorce?
BC
Please help

[Obie]

The solicitor may be wrong.

Are you saying she was here working from 2008-2013?

Do you have proof that she was in employment during this period?

Is the child yours?

You may be able to succeed , depending on your circumstance.

Not sure why solicitor said what he said.

[Suchalife]

Hello obie. Thanks for your reply

Yes the child is mine we had our child in 2010 the child then went to school 2012/2013 before my wife leaves

I have a proof she was working from 2008/2013 and that's we lived together ... She has actually been living her since 2006 but no prof for her work or as far as I know

The Solictor means it says according to ho conditions that the eea citizen must be exercising her treaty rights (immediately) at the divorce proceed for at least 3 years.. Considering she wasn't present in the UK for almost whole of 2014 ho might refuse on that basis that my resident was revoked as soon as she left the country for more than 6 months

So he reckons I should apply for pr but I don't know what shall I say as we don't live together at this time

Thanks

[Obie]

Not sure the solicitor know what he is doing.

Where in the UK did a solicitor give such an advise.

[UKBA HUNTER]

I think if you had divorced her on completing 3 years then you could had high chances of retaining right than now as your EEA is vanished since long time but I think on the basis of child you may get some route. But you can still divorce her even she is not present in UK because at least one partner must be present in UK to give court the jurisdiction to initiate divorce. You can apply divorce on the basis of missing partner but you have to give evidences that you tried to find her like speaking her relatives/friend, contacting her bank, contacting her embassy, missing person ad in newspaper etc. But better to try to find her because you can get even pr with her help.

[Suchalife]

Hello guys

I'm still in touch with her she can help me with her 5 years work from 2008-2013

The thing is she went back to spain in 2013 with my child I still go see them and they come here for holidays too

I'm sorry but still no one told me what can I do please?

[Obie]

Getting a good solicitor may be a start.

Gathering as much evidence to demonstrate that she acquired PR before she left may be the next step.

[Suchalife]

Thanks

[Obie]

When does your current Residence Card expires?

[Suchalife]

March this year.

I still have a good contact with my wife but doubt she will help me that far.. She can provide some random pay slips/ bank statements and passport but apparently( as she say) homeoffice demand all of work proof that she has no time to try and find

Things I already have

Proof of her work from 2008 till 2010 already as she left it at home before leaving

Also proof of living together from 2008 till 2013

Proof my child attended education in the uk for one year

Proof of my entire employment history that's I didn't stop working for a day

She also applied for eea1 with me and got it together in march 2010

[Obie]

Well, when was the child born, and was the absence from work due to maternity.

Under EU law a person is not required to work all the time, certain times can be considered exercising treaty rights even if the person is not physically in employment.

[Suchalife]

Thanks obie

Basically we got married July 2008 child was born October same year so my child was present in the UK since 2009/10/11 and 12

Attended nursery when she was 3/4

My wife was doing part time so she can look after the baby as I worked . Your thoughts please?

[Suchalife]

Sorry the absence from the uk was in mid 2013 when we decided to take a break and she goes back to spain and we kept visiting here and there even went for holidays overseas together during the break time

[Obie]

Absences as in from employment.

[Suchalife]

It was her choice to leave the country not just her self employed job

She has worked since feb 2008 till mid 2013 with no absence just maternity leave which is still exercising her treaty rights form what I read from here before

Feb 2008 to July 2008 admin at office ( I have the pay slips)

July 2008 to sep 2008 another admin job ( I have her pay slips and employer letter headed to ho we used for my eea2 and her eea1

August 2008 maternity leave to may 2009

May 2009 to dec job seeker

Jan 2010 to 2013 self employed nanny ( she says she can get self assessments for those years and tax calculation statements , nic but she can't provide bank statements

Then since mid 2013 her and my child left the uk but stayed in a relationship

Thanks

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[Obie]

How relevant is this post to this thread?

I intend to delete it as it is wholly irrelevant.

[fatimahh]

Can Robinson help me drag my ex to interview??