Confused Non EEA

[omonile]

Hello All,
I am submitting my Non Eea PR Application in the next few days as i exceeded the five years marriage threshold last week and i am wondering if anyone could help to clarify few things.
1.i have been separated from my wife since September 2015 but still married,do i have to reference Diatta Ecj judgement in my cover note or just submit document to prove our residence in different address for this period?

2.My Wife got her Dcpr last year and she`s offered to give it to me.Do i still need to submit her p60 and proof of self employment till 5years of marriage?

3. section 9.3 said if i`m submitting sponsor dcpr i should go to section 16 but we have a child, do i have to fill section 11 or just make reference to it in my cover note.

4.Do i need to submit proof that i have been working or just poof of residence as i think its all about the sponsor
5. Sponsor have been recipient of housing benefit since she got her dcrp but shes still working part time because of the child.would that affect my application?

Thanks in advance for your help.

[omonile]

Can anyone helps with my concerns please.I need to be sure before I submit my application.Thanks

[Richard W]

1.i have been separated from my wife since September 2015 but still married,do i have to reference Diatta Ecj judgement in my cover note or just submit document to prove our residence in different address for this period?

I'd say 'no', as the form shows an awareness of Diatta.

2.My Wife got her Dcpr last year and she`s offered to give it to me.Do i still need to submit her p60 and proof of self employment till 5years of marriage?

You need to demonstrate her continued presence between qualifying for DCPR and your completing your 5 years.

3. section 9.3 said if i`m submitting sponsor dcpr i should go to section 16 but we have a child, do i have to fill section 11 or just make reference to it in my cover note.

I think complete it, in accordance with Section 3.1. You complete Sections 5, 9, 16 to 19 and then Section 11.

4.Do i need to submit proof that i have been working or just poof of residence as i think its all about the sponsor

Just proof of residence. You're applying as a spouse, not as someone with a retained right of residence.

5. Sponsor have been recipient of housing benefit since she got her dcrp but shes still working part time because of the child.would that affect my application?

No.

[omonile]

Thanks Richard W,I sincerely Appreciate your clear response.