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A family member of mine has applied for Retention of residence card, that her ex-spouse was a Job seeker..She provided evidence that her Ex-spouse was searching for Job as the time of Divorce:
1. Copies of Applications Forms
2. Interview letters
3. Job centre forms
4. e-mail from Agencies

She received a letter from Her Case worker saying :

Dear Miss M,

You have applied for a United Kingdom residence Card as former family member of a European Economical Area (EEA)
To enable the application to be considered , you should send to this office the following document:

.Evidence your former EEA family member was exercising treaty right for minimum of 12 month before becoming a Job seeker.

. The date your fomer EEA family member left employment

Now she thinking of approaching her ex-spouse employer to provide her with a confirmation letter stating this two requirement.

Gurus ! Obie , EUsmile and others . Will this letter from her ex-spouse employer be good enough if they willing to write her this confirmation letter.
As this is only way she can approach them . since the ex -spouse is been unco-operative

Thanks for your reply[/b]

You might find that the ex-employer would be unable to provide details as it would breech confidentiality.

Is the applicant represented by a solicitor. It may be possible to mandate that the uncooperative ex-spouse provides the required information.

I have no experience in these matters.

Thank you Eusmile.
She is considering using a solicitor for this purpose.
Like I asked Will this confirmation letter be sufficient for the requirement by the case worker

Dunno if this is going to be helpful at all:
Retained Rights of Residence Evidence Policy - it is possible that the Home Office hold the "required information" on file already? Perhaps from previous applications ETC (Family Permit ETC?)

EUsmileWEallsmile wrote:You might find that the ex-employer would be unable to provide details as it would breech confidentiality.

The ICO decided that my old employer contacting a new potential employer and stating that I was off work periodically with sickness (without any reference request etc) was perfectly fine... It appears confidentiality doesn't go as far as a lot of people believes it does.

Despite my old employer disclosing my name, address and NINO to another organisation/business, the ICO decided that no breach of the DPA had taken place...

is your family member from A8 countries?

because A8 national needed to register under WRS then work continuously for 1 year to be eligible to apply for EEA1 and NON EU national EEA2

this can satisfy home office 1 year requirement ( correct me if i'm wrong )

austin100 wrote:since the ex -spouse is been unco-operative

If refused due to lack of evidence from ex-spouse, then appeal and use the Tribunal to help.