EEA spouse seperated / proof of self sufficiency for PR ?

[euuksl]

Hello
I am spouse of EEA national. We have been married for 13 yrs. We have been now living separately for last 3 years. We have 2 daughters studying in London where we both live. We share kids and i pay for them monthly and there other expenses as well.
Me and my wife are in good terms and we have agreed to divorce after my PR is done.
I have read that for self sufficiency as a proof the Comprehensive insurance is itself a valid document. Well i did a mistake, when we seperated i took her name out of that. So approx 2 years her name was there out of 5 years. So this is not enough proof of self sufficiency. Although last year knowing this i again added her name but there is a discontinuity.
She is self employed and she have statements to prove this but she is not paying any tax due to low income. She is willing to give me these statements. She is in animal care profession and i don't want to burden her by asking any of her clients to write any testimony about that.
I have been earning good salary for past 5 years and all the tax returns statements with me. We also had a join account together which we closed and of which i have statements.

So my question is what precautions should i take here to file my PR.
What documents do i exactly need here. Shall i also attach the comprehensive insurance proof of when she was there in the list ?
What would be enough proof of her self sufficiency ? And what are my chances ? How long does it normally take before you hear decision ?
any replies are highly appreciated
Thanks

[Obie]

I am thinking your continuity of residence may have broken for the period in which she was not covered by CSI.

You will have a pretty high mountain to climb in this case, as i believe there is deficiency in the documents you are required to show, to secure PR.

[euuksl]

Thanks Obie
So just because of CSI discontinuity i cant get the PR ? Self sufficiency cant that be proved by the self employment during that period ? She was self employed.
One more question if my PR is refused what other visa i am entitled to continue my stay legally ? I have kids here and they are dependent on me i pay for them
Regards

[Obie]

Thanks Obie
So just because of CSI discontinuity i cant get the PR ? Self sufficiency cant that be proved by the self employment during that period ? She was self employed.
One more question if my PR is refused what other visa i am entitled to continue my stay legally ? I have kids here and they are dependent on me i pay for them
Regards

You may be able to qualify on the basis of the children under EU law.

The requirement for Self-Employment seems stringent these days, and of course she is unprepared to provide you with evidence of a genuine self employment activity.

[euuksl]

Thanks Obie
Did you meant PR under EU law on children basis or other visa ? Aren't the Tax returns enough to prove self sufficiency ? She have the statements to prove that but no invoices as its mainly cash in hand and nothing else. As i mentioned before her annual income makes her exempted from paying tax.
My visa is going to expire next year. Say if i am not able to get PR what visa will i continue on then ?
Regards

[euuksl]

Anybody please suggest regarding eea2 extension in case pr is rejected or how can i get pr as obie said of children under eu law ?

[Obie]

Anybody please suggest regarding eea2 extension in case pr is rejected or how can i get pr as obie said of children under eu law ?

For the avoidance of doubt, I dont think i said what you are attributing to me. I never suggested that you will secure PR on the basis of the children. I could not have even sub consciously suggested this, as beneficiary of Regulation 15A could never secure PR under the regulations.

I was merely suggesting that you may be able to secure residence on the basis of the children, if after your divorce you have access to them or contributing to their welbeing. In those circumstances, provisions under Regulation 10(5) or Regulation 15A, may confer right of residence on you, in order to further this existing relationship.

[euuksl]

first of all i want to apologize to you Obie !
I didn't meant to quote your name or something that i wrote by mistake.
Actually what i wanted to ask is if i get rejected of my PR will i be then able to extend my EEA2 for another 5 years ?
I still share children with mother, i pay for there well being and there activities, would that be beneficial documents to attach in current PR application, would they have advantage ?
thanks

[Obie]

If your wife is a qualified person and you are still married you will continue to have right of residence for as long as you continue to be a family member of a qualified person.


If you divorce, you may derive right of residence as a result of the length of your marriage or on the basis of the children, depending on the circumstances.

[euuksl]

Thanks once again Obie
So now its pretty clear. Until i divorce and my spouse is self sufficient i can retain ror
Unfortunately we have to divorce soon so the only way is through long marriage and childrens
Obien i understand that i have weak case as of break is csi.
but i am well qualified have good and consistent earnings from past 5 yrs working in a good organisation have all p60s kids going to reputed schools in london and i pay for there activities and support them
all these dont matter ?

[Obie]

Thanks once again Obie
So now its pretty clear. Until i divorce and my spouse is self sufficient i can retain ror
Unfortunately we have to divorce soon so the only way is through long marriage and childrens
Obien i understand that i have weak case as of break is csi.
but i am well qualified have good and consistent earnings from past 5 yrs working in a good organisation have all p60s kids going to reputed schools in london and i pay for there activities and support them
all these dont matter ?

Such factors may be relevant in an article 8 context but it will have no bearing on the regulations.

It may well be the case that you may have a strong article 8 case, but in the context of your eligibility under the regulations, I am having difficulty in identifying the relevance.

The regulations is straight, if their is a break in continuity of residence, there is a break in the pathways to ILR .

Irrespective of your nation of origin, or how reputable it may be.

[euuksl]

Thanks Obie
I have 2 questions
1) What is article 8 ? By that you mean section 8 of the EEA (PR) form ? Or otherwise can you please send the link ? thanks
2) Will i be eligible for ROR than or ILR, if i didn't misunderstood, i will always have to go through ROR path and will never be a citizen then ?
Thanks

[Obie]

Article 8 is the " Right to private and family life" under the European convention of Human right.

[euuksl]

Hi Obie / All

Looks like i am not able to get all the relevant documents from my spouse to prove her self sufficiency , which looks like very very important in the EEA process. I am not sure then if it's worth to apply for ILR.

Obie spoke about Article 8 is the " Right to private and family life" under the European convention of Human right. Can i go through this way without going through spouse dependency ? We are not divorced yet

Also is this going to give me extension of another 5 years or i will be applying for ILR on children basis ?

Can some one please highlight the process and the forms needed if i go through this channel ? And if anybody went this way ?

Regards

[euuksl]

Thanks once again Obie
So now its pretty clear. Until i divorce and my spouse is self sufficient i can retain ror
Unfortunately we have to divorce soon so the only way is through long marriage and childrens
Obien i understand that i have weak case as of break is csi.
but i am well qualified have good and consistent earnings from past 5 yrs working in a good organisation have all p60s kids going to reputed schools in london and i pay for there activities and support them
all these dont matter ?

Such factors may be relevant in an article 8 context but it will have no bearing on the regulations.

It may well be the case that you may have a strong article 8 case, but in the context of your eligibility under the regulations, I am having difficulty in identifying the relevance.

The regulations is straight, if their is a break in continuity of residence, there is a break in the pathways to ILR .

Irrespective of your nation of origin, or how reputable it may be.

So guys finally my journey is over. Many thanks for all those who helped me and who wished me luck . I wish you all the best and hope your's journey is going to end soon on a positive note.

PR Applied : 12th Jan 2016
Payment Taken : 14th Jan 2016
COA Received : 19th Feb 2016
PR Received : 13th July 2016 (dated 11th July 2016)
Docs Received : 13th July 2016

Cheers and all the best

[noajthan]

So guys finally my journey is over. Many thanks for all those who helped me and who wished me luck . I wish you all the best and hope your's journey is going to end soon on a positive note.

PR Applied : 12th Jan 2016
Payment Taken : 14th Jan 2016
COA Received : 19th Feb 2016
PR Received : 13th July 2016 (dated 11th July 2016)
Docs Received : 13th July 2016

Cheers and all the best

Congratulations, an inspiring story for those in similar circumstances. Especially as the record shows you seemed close to giving up less than a year ago.

In which categories did your sponsor finally qualify as a qualified person?

There will surely be many members interested in how you overcame:

• the sponsor's lack of CSI;
  and/or lack of sponsor's documentation relating to self-employment;
  as well as sponsor's relatively low income;

[euuksl]

Thanks Noajthan , indeed it was a journey a very very long and tiring journey but with good wishes and guidance of people like you we all did it at the end.

I got separated with my spouse 4 yrs ago but we maintained an amicable relationship. We have 2 kids. My spouse is EEA national

I worked for prestigious Investment bank . We had the CSI for 3 years and then i took out my spouse out unknowingly as our relationship broke. She started self employment and hence i had to show 2 yrs of self employment of which there were no invoices accountant letters or anything. It was cash in hand and that's where i was unsure.

We attached all the bank statements of her showing transactions from the clients attached the Tax returns that she filed and that was all we had.

I did a lot of hard work and created a very clean and clear application with as many documents as possible supporting our relationship her self employment my p60's and how well we have integrated in Britain , even showing our kids grammar education proofs

and that's all we believed in ourselves and were honest throughout and this paid me well at the end.

I have to say guy just believe in yourself and always always attach an enclosing supporting letter which makes a big impact.

that's it i guess

Thanks once again Noajthan

[noajthan]

Thanks Noajthan , indeed it was a journey a very very long and tiring journey but with good wishes and guidance of people like you we all did it at the end.
...

I did a lot of hard work and created a very clean and clear application with as many documents as possible supporting our relationship her self employment my p60's and how well we have integrated in Britain , even showing our kids grammar education proofs

and that's all we believed in ourselves and were honest throughout and this paid me well at the end.

I have to say guy just believe in yourself and always always attach an enclosing supporting letter which makes a big impact.

that's it i guess

Thanks once again Noajthan

I think you had the support of other extremely experienced and heavyweight moderators in your corner.

Well done. You did all the heavy lifting and your due care and diligence has evidently paid off handsomely.

[fatimahh]

well done and thanks for the update

[omonile]

I worked for prestigious Investment bank . We had the CSI for 3 years and then i took out my spouse out unknowingly as our relationship broke. She started self employment and hence i had to show 2 yrs of self employment of which there were no invoices accountant letters or anything. It was cash in hand and that's where i was unsure.
Hi eruuksi
Just wondering if you could confirm that you presented your wife proof of excercise of treaty right for only 5years of your residence in uk excluding the the last 1year of your separation.
I am in a similar situation and I have my wife proof of excercise for 5years but we've been married for over 4years but we've been separated for 4months and if she did not initiated divorce before 5years I intend to present the 5years proof in my application.would that be ok?