gigtom wrote: ↑Sun Feb 10, 2019 4:37 pm
So ultimately what you are saying here Kamoe is that without the divorce in place this application is still subject to refusal. Am i right saying that, please advise.
No, that is not what I am saying. I have not in any way commented on the likely outcome of your application (specially considering you had not explained your specific circumstances).
What I'm saying is, purey answering your initial question, and for the benefit of anyone reading this post:
1. In general terms, it is not absolutely necessary to be divorced in order to apply for PR as a separated partner. I give you the example where it would be even straightforward
if you have the cooperation of your wife. Now that you have clarified your circumstances, this example does not really apply to your case.
2. That the route where you need the divorce in place is not PR but RoR, which I suggested as an alternative route. I suggested this, because not being able to provide your ex-spouse documentation is a common thing on RoR applications, in which it is all but normal that the HO procures and cross-checks the EU national record separately.
Again, I have not commented on PR applications where the applicant does not have the cooperation of the EU partner. I do not know if the HO is also in a disposition to accept these, or what the chances of success are if you apply for PR and cannot provide your EU spouse documents, acknowledging the breakdown of your relationship.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.