Applying for Permanent Residence

[comfort]

Hi, I was wondering whether anyone would be able to help!

I came here over 5 years ago as dependant of my wife who is an EEA National and since then we have 3 wonderful children.

We have recently seperated over reasons which I do not want to go into but I am trying to make amends and I do NOT want a divorce.

I have made an application for Permanent Residence which has failed because my wife is not giving me the her I.D or details needed to show her employment over the last 5 years.

In the refusal letter from the home office they have not told me to go back to my country and at the same time they're not accepting my application.

Can anyone help please?!?

Thank you so much

[mcovet]

you need to provide the ID of your spouse, unfortunately, if not, I doubt they'd accept photocopies etc. They need to know that she complied with the Directive for 5 years so that you are entitled to the PR.

[sjimoh112]

Of course they won't tell you to go back to your country. I believe they would have told you to re-apply when you've got all necessary documents in the letter returned with your app. They usually tell you what you need to send to them when you re-apply.

You definitely need your wife's passport and proof that she has been exerting treaty right for the past 5 years and all documents must be original or your app will be returned again.

Making amends and sticking together is probably the best thing for yourself and your family. Best wishes on that.

[koll]

Hi Comfort,

I am in the same boat
There are case laws supporting this situation
Please find a lawyer who can quote all the case laws and explain in cover letter why you must get Permanent residency
My application is also rejected as they dont read the cover letter properly and bluntly reject looking into requirements to grant the PR

You may have to go to court where you they can review your situation sensibly taking case laws into consideration
approach a solicitor who is OISC approved and who worked on cases like this

My solicitor resent my application bringing my covering letter (along with case laws)into attention to the case worker
I am not surprised if they reject again with some reasons where I can go to court for justice

if you want my lawyers number please let me know