what if l cant produce a letter from my ex husband's work

[RINKY]

Hello everyone

Can anyone please tell me if it is a major requirement to get a letter from my EU ex husband's employer confirming his employment to go with my application to retain my right to remain in the UK after my divorce? And what happens if his employer will not provide it for some reason? Has anyone been down this very avenue?

Please kindly help

Many thanks

[Guerro]

I am going through this cycle very soon and waiting for an answer as well. the only difference in my case is that my ex is a pr holder.
some people argue that you can apply, get rejected, appeal, get rejected, go to the court and ask the judge to summon your ex for a witness statement; or ask the judge to issue a decree to get information from hmrc regarding your ex tax and national insurance contribution. not very sure about that point and let's wait for a more expert advice

[RINKY]

Thank you for your response Guerro, this is such a difficult road.
Do you know that Chapter 5.4.3 of Residence card application after divorce doesn't even mention ex's docs at all but just the applicant's passport, proof you have a job & the divorce certificate. I have quoted that chapter in my covering letter listing the docs I'm enclosing but don't know if it will work. I got that from the UKBA website itself.

Good luck with your application

[Kitty]

The Regulations require that you were living in the UK "in accordance with the Regulations" at the time the divorce became final. In effect this means producing evidence that the EEA spouse was working in the UK at that time.

If you apply and are refused, then you can appeal. If your ex-spouse refuses to provide evidence to support your case, you can apply to the Tribunal for a witness summons (provided you know where they live or can otherwise serve the summons on them) to force them to give witness evidence (i.e. attend the hearing and tell the Tribunal about their work history) and to produce particular documents (for example, payslips, P60s etc.).

I have also tried to get a Tribunal to order the Secretary of State to make enquiries of HMRC (as it was implied in the case of Amos that this might be worth a punt) but I have to say the request was basically laughed off!

Think also about what oral evidence you might be able to provide if you know that your ex is actually working. Credible witness evidence from you may also persuade a Judge that your ex was exercising treaty rights.

[RINKY]

Hia Kitty

Thanks for your contribution. I happen to work for the same company as my ex and l have a letter he provided me in 2010 when l made an application that was returned because he wouldn't provide his passport. I know they may not accept it as its outdated but I'm counting on going to court if all fails. I hope they will accept the old doc's of his l have and agree to confirm with our Human Resources. Am I expected to send in all proof ie bank statement and old bills of 5yrs then?


Ta

[Kitty]

RINKY, how long have you been in the UK?

What about your ex?

Are you applying for confirmaiton of a retained right of residence, or have you actually been here long enough to have acquired PR before the divorce was made final?

[RINKY]

We both have been in the UK since 2004 & married then, separated in 2009. My divorce just been finalised this Tuesday. Applying for a confirmation of a retained right o f residence. I have no kids with EX but now have 2with a British guy I'm with.

[Guerro]

Think also about what oral evidence you might be able to provide if you know that your ex is actually working. Credible witness evidence from you may also persuade a Judge that your ex was exercising treaty rights.

Some people argue that oral evidence doesn't count as there is no base for UKBA to issue a PR or RC, is that true?
In my case, my ex has been working for the same place for about 7 years and I have her work address. she is a PR holder as well but she won't give me any evidence of her working or holding PR. When I appeal, Can I argue about the point she is a PR holder or that she was, and still is, working?

Thanks