PASSPORT for Permanent Residence

[flexcyb]

Can i apply with a different passport from the one i used to received my EEA resident permit.
I've lost the passport used to obtain my EEA resident permit and in other to get a new one i have to go back to the issuing country and as a result that would make it difficult for me to get back.
Am in the process of a divorce from my wife who's a portugese national and ones i receive my decree absolute i'll be applying for my permanent residence.

Can i apply with a different passport as i hold dual nationality

thanks

[jotter]

Hi flexcyb,

So just confirming, your question relates to the EEA4 application that are planning to make after the divorce comes through?

Assuming yes, then certainly you can use a different passport, as long as it's currently valid. Any valid passport you hold will prove your current presence in the UK and serve with regards to any previous absences. Your application will succeed or fail based on the additional treaty rights evidence that you provide.

[flexcyb]

yea thats right am applying for EEA4

[jotter]

Sorry about that, re-worded my post and your reply came in between. Please refer to my updated post above. Any further specific questions, please let us know.

[flexcyb]

would you have any idea of what the requirement will be. I mean what document will i be required to submit for the application ones i get the divorce out of the way

[jotter]

would you have any idea of what the requirement will be. I mean what document will i be required to submit for the application ones i get the divorce out of the way

Please read the EEA4 form thoroughly, particularly the checklists at the back.

http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

This lists all of the documentation that you would be expected to provided. This will vary depending upon how your partner was exercising treaty rights, and additionally of course you'll need to fill out the Retained Rights of Residence section and provide the data relevant to that.

If you have any further questions once you've gone through the form, please let us know.

[flexcyb]

thanks for your reply.

I do have one problem though. my wife is uncooperative hence why am divorcing her. Shes not willing to provide any information to support my application
We got married in 2003.. Got my resident permit in 2006 .. Ran out in 2011.
Do I really have to still apply for a retention of treaty right or just apply straight for a permanent residence

[jotter]

With 'Retained rights' the idea is that you can prove partner's treaty rights up until the divorce and exercise of treaty rights by yourself from then on (more discussion on this thread: http://www.immigrationboards.com/viewtopic.php?t=49031) but I'm no longer confident that this will avail you much if you are unable to provide evidence of your partner's treaty rights going right up to the time of the divorce.

I suspect your chances will hinge upon whether the UKBA would accept an application where the 5 year treaty rights period ended some time ago. Do you have evidence of treaty rights covering a 5 year period sometime between 2006 and now? This would be your minimum for an EEA4 to have a chance of success. If you have that, it could be argued that if you acquired PR in 2011, only a 2 year UK absence would then break that, and therefore you could apply successfully now, demonstrating that you are currently in the country and providing the evidence for that 5 year period. What I'm unsure about, though, is how the UKBA would view an EEA4 application based on a 5 year period that ended some time ago.

Do any experts have further advice on this scenario?