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hi my name is jo i am non EEA family member living in uk
from 2006
i marred with polish citzen women on 2007 December
i apply my family permit in 2008 but my five yers family permit visa come in 2009 which is expres in 2014 feb
my wife just in 2013 march decided to separation from me and she dint wan be with me any more and i have same feeling
we are still marred and no legal work been done so far
wee also have 2 bed house mortgage
wee dint have any children
my question is our Marriage is over five years old
in 2014 feb my visa is expiring
i have to make a EEA4 application can any one tell me how can i get my visa
as i mention already i dint want to take any more help from my wife and wee want to be saprated for good

Notwithstanfing the fact that you are seperated from this person, you are still a family member. However to secure PR, you need to show that she has been exercising treaty rights for 5 years in the UK, and you have been living in the UK too.

Without a divorce, you will be required to provide a copy of her passport and ID card for this application .

Obie wrote:Notwithstanfing the fact that you are seperated from this person, you are still a family member. However to secure PR, you need to show that she has been exercising treaty rights for 5 years in the UK, and you have been living in the UK too.

Without a divorce, you will be required to provide a copy of her passport and ID card for this application .

@ Obie Copy of her passport? I think he needs to send origional

Thats correct. Original will be correct.

This is three posts on the same topic. Please have consideration for those who have to read these posts. Your others will be locked.

HI SORRY FOR POSTING TO MANY TIME

That's fine, have your questions been answered?

I think. I need more clarification regarding about my question can any one else advice please. As. I'm looking more people's openeon
Thanks

joanna2014 wrote:I think. I need more clarification regarding about my question can any one else advice please. As. I'm looking more people's openeon
Thanks

No one know more then obie, so I believe he given u right info

What has your wife done in the UK for the past five years? Was she a worker, self-sufficient or a student. If you both lived in accordance with the regulations for five years, you will have achieved permanent residence already.

yes wee both working since 2007 and she only once was on job seekr benefit for i think around 4 months but other then that she is working always and i am always working never take any benefit
cut my question is i marred in 2007 dec
got my Rc in 2009 which is valid to 20014 feb so can i apply eea4 now or wait till 2014 and as i mention she do not want to no me any mor but oure house is on joint mortgage and all the bill all the pay slip igit from her coze as she left them in home also council tax bill also on both of us name
please advice or inbox me ur number to discus more thanks

You can apply now. You will need evidence of your wife's employment history.

i have her employments history but do i need her passport ?//

If you are unable to get her to submit her passport, you can still apply. They will have seen evidence of her nationality when you originally applied for a residence card. State all this in a covering letter.

See this case law (and don't be afraid to point this out in your letter).

http://www.bailii.org/uk/cases/UKUT/IAC ... maica.html

It will all boil down to whether the Secretary of State is able to provide valid reason for needing to see the ID, other than simply refusing it because no ID was produced. Such was the case with the Respondent in that appeal.
The case did not establish that the ID of the EEA national is not required, but states that in some circumstances, it may be unnecessary, and in all cases, valid resons has to be given by the Secretary of State as to the reason why it is needed, failure to do so, will render the refusal unlawful.
However if valid reasons are given, the refusal may well be lawful.

I am prepared to agree the OP's case can be assimilated to that of the appeallant in that case, but there may be circumstances were the ID card produced on previous application is at present not valid, in those circumstance, there may be a requirement to produce a current valid ID. There is also a possibility that the ID supplied may not be valid for ID purpose, or that the EEA national's country does not support dual citizenship, and there is a reason to believe the EEA national might have lost their EEA nationality as a result of acquiring that nationality. Also, subsequent checks after the Residence Card was issued might have indicated that the ID is fraudulent.

I believe this is the reason why the new Regulation 29A was effected.

I have witnessed several case where UKBA gave reasons for requiring this evidence, and the Tribunal seem to be limiting the scope of Barnett, by stating it is confine to its own fact, and that no two cases or circumstances are the same.

Giving the time wasting and the cost that may be incurred on applicant and potential appeallant, i believe if the relationship has irretrievably broken down, and the sponsor is refusing to assist the non-EEA national, then getting a divorce may save lots of time and heartache.

That is a great case you cited, but it is not helping as much as i had thought it will, when it was first promulgated.

It would have helped if the Tribunal had come out outrightly and say this is not required for Permanent Resident, therefore it is not a valid requirement for issuance of same. Unfortunately this is not what was said, and the UKBA are providing flawed reasons in many cases i have seen where the couple are seperated, and refusing to issue a document.

In an outrageous case i saw recently, they even refused a right of appeal, on the basis that the ID of the EEA national was not provided. It took the threat of Judicial Review challenge for them to change their position.

thanks obie & EUsmileWEallsmile
thanks for your all advice

thanks