NON EEA- EEA spouse refuse to help

[kfahmed]

HI All,

I am an non-EEA national and need some advice please.
1) I got married to a EEA national on July 2010.
2) Received my residence card on December 2010.
3) we got separated on may 2012(Unofficially).
4) Though I was in contact with her hoping everything will be ok. I was living with friends but still was/am using same address(Wifes Address).
5) Shes started looking after her sisters child and started claiming benefit as single married mother ( separation because I didn't want to take responsibility for those kids)
6) July 2015 it will be our 5 years and we are still married.
7) She is chairman of a company and working for that company since 2009
I am working since 2010 full time for another company.
9) She claimed other benefit.


Now When I am planning to apply for PR , shes saying she will not help me because she is still receiving child benefit as single married mother and this may shows she is doing benefit fraud as I am still using her address.
Is that point will really effect her or effect my PR. "Treaty right" means she cant claim benefit?

As she doesn't want to help, can I get her information from companyhouse and provide it for PR. Is that going to be enough?

Thanks in advance.

[Obie]

No confirmation of company house registration is not enough.

[kfahmed]

Hi Obie,
What can I do in regards to this?
I went to a solicitor and they advised me to wait till July 2015 then apply for ROR but I have to divorce.
I really dont want to go through that path as I still hope we will be together again.

Please advice... Thanks

[Obie]

Hi Obie,
What can I do in regards to this?
I went to a solicitor and they advised me to wait till July 2015 then apply for ROR but I have to divorce.
I really dont want to go through that path as I still hope we will be together again.

Please advice... Thanks

Well that path will still not grant you success as she will not be prepared to provide you any of her documents.

[kfahmed]

Obie,
I am trying to convince her but her only point is "we are separated and she is receiving child benefit as single mother "
How much this point will effect the case if she provides all her docs. From what I saw in application form, you have to declare all the benefit EEA national receiving.

[Obie]

That seem a bit of a complex matter, that require a lot of thinking.
The children are not yours right?

[kfahmed]

HI Obie,
They are her sisters children ( From Czech).one of them are over 18 now and another one is 12. She is only looking after them due to Czech court ruled that their mother is not capable of looking after them. I cant take the responsibility and never wanted to.

I really appreciate if you can advise please.

Thanks a lot..

[Obie]

HI Obie,
They are her sisters children ( From Czech).one of them are over 18 now and another one is 12. She is only looking after them due to Czech court ruled that their mother is not capable of looking after them. I cant take the responsibility and never wanted to.

I really appreciate if you can advise please.

Thanks a lot..

Well the thing is couple support each other in their time of need. If she decide to care for her sisters children and you refuse to support her, then she is within her right not to support you either.

[kfahmed]

Hi Obie,
We both had understanding about supporting each other . The time she is supporting her sister children, I am supporting my family. Though we are separated, we are in contact regular basis hoping things will get better .
Do you think claiming that child benefit as single mother(Separated) will cause issue if she provide her docs?

Thanks...

[Obie]

Many complications, you claim to be living in the same house, she says she is separated.

She is claiming benefit as a single parents. very complex and may affect the credibility of your case.

Home Office require information of benefits claimed.

[kfahmed]

Thanks for your info.

One more question please. Claiming that benefit goes against "Treaty rights " ?

[Obie]

It is difficult to give fact sensitive assistance to a particular case, without knowledge of whether she was indeed a worker or self -employed person. Whether the work was genuine and effective, whether taxes were being paid, and if so are they up to date, what type of benefits were being claimed.

All of those are relevant information, necessary to make such an assessment.

In some cases , claiming top of benefits and in some cases, benefits claimed by people who hold workers status cannot affect treaty rights.

You need a legal expert to examine that for you, provided she is willing to give it to you. There is a 137 pages application which needs to be filled.

[kfahmed]

HI Obie,

Many Thanks for your help... I will speak to a legal expert . I hope she will co-operate.. I will update you . Thanks again..

[Obie]

Does she receive PAYE or file tax return?

[kfahmed]

I dont have exact info. She is working full time under her company(Shes the chairman). Shes paying herself the minimum wages. Her company is active since 2009 and improving slowly.

[Obie]

So she has been doing tax returns? Is this company viable?
It is an interesting case.

[kfahmed]

Yes the company is viable..
They are doing little margin of profit every year.
Thanks.

[Obie]

Do you know if she has the evidence provided in 120-123 of the link below.

https://www.gov.uk/government/uploads/s ... _04-15.pdf

[kfahmed]

Yes. We started the company together back in 2009 and she had all the registered doc. ( I am no more with the company after separated). Her business partners brother is an accountant who looks after all the vat , tax and everything.
So as far as I know she can provide everything. all p60s, VAT, TAX ....

Thanks

[omonile]

Hi learned ones!
Just for clarification,Does it matter Eea sponsor is claiming All benefits as long as he or she is working ?Thanks

[azdjani2012]

i dnt know why all replyr making it more difficult , i know what am going to say is rude and harsh, its so simple u didnt support her, and now she is not going to support u, so answer is simple Pack your Bag or be ready for tough time coming ur ways, bcoz she was ur sponsor, and she is the only reason ur here so if she stop sponsoring mean ur gone. bcoz now i heard home office start visiting even for PR.