ILR or Permanent Residence or Rentention of Residence?

[UA2015]

Hi Everyone,
Will try to keep simple and short.
It’s going to be 10 years for me on 14 sep 2018 in uk. I came in uk sep 2008 as a student and after my degree I got PSW ( post study work permit) until December 2013. In August 2013 I got married with my French wife. Got Eu family residence permit in FEB 2014 ( valid until FEB 2019) after interview at Liverpool. My wife applied her Permanent residence card in March 2018 and she got it. We wanted to be safe due to brexit. There was also a letter mentioning that you (my wife) acquired status ( 5 year qualify period for Eu national) in August 2017.

Things were going well until 22nd April 2018, when my wife asked me to leave the house where we been living together. Lately we been having little hard time. I left the house and now we are separated. Last week I received letter from family court for divorce. Which I have send back to the court for divorce to proceed.

Now kindly what would you suggest me to do for my visa? I have read a lot on this forum and find so much useful information but thought to ask you guys more specifically about my situation as each case can be different. Shall I apply for ILR on 10 years basis but would be need wife ID and her Permanent residence card, which she clearly told me that she will not give me that at all. We were living together and most of bills and tenancy agreements were on both of us names. I have some original bills ( council tax, water) but not all. As she kept everything the day I left, I didn’t think about these things that day. Now I asked her via email and she don’t want to give me even any documents which is with my name etc. ( I have her passport copy as previously I applied for Spain visit visa).

Do you think I can apply for ILR or Permanent Residence as we are not divorced yet? Or shall I wait for divorce and apply after?

I would appreciate very much your help.

[CR001]

For ILR under the long residency route, you will need all the evidence from August 2013 to date to prove your EU spouse was a qualified person exercising treaty rights, i.e. you will need payslips, P60s, bank statements, proof of address etc etc.

[UA2015]

Thank for your quick response. Wouldn’t some bills and tenancy agreement help? Also her passport copy. She also have permanent residence card. Only thing is that she don’t want to give me that. Is there any way I can ask home office to check in their system? She been working since she received her residence card. Nothing will help?

[CR001]

If you do not have evidence of your EU spouse being a qualified person (payslips, P60s, bank statements) for the time you are claiming under the EU rules, ILR based on long residence will fail. It is YOUR responsibility to submit the evidence. It is NOT the Home Offices' responsibility to run around to look for it.

[UA2015]

Thank you. Yes that’s for sure. So any suggestions please? Shall I wait for divorce and apply after? Or find a way so She can give me her document.
For example if she give me her document, can I apply for ilr whole same time divorce is proceeding? Would that be any trouble?

[CR001]

Your easiest (and cheapest) option would be to apply for PR under the EU rules in August OR to retain rights of residence once you are divorced and then apply for PR.

[UA2015]

Your easiest (and cheapest) option would be to apply for PR under the EU rules in August OR to retain rights of residence once you are divorced and then apply for PR.

Thank you very much for your help. I guess I will go with this. Will submit my application and see what happen.

[UA2015]

Thank you brother. Just one last thing as I have received decree Nisi on 2nd week of July. Can I apply for PR after 24th August (marriage 5 years) ? While at the same time I’m gonna apply or wait for decree absolute. As I will apply for decree absolute after her ( wife). Will this factor that we are not living together and going through divorce have any implications for my PR application?
Your help will be much appreciate.