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dear forum members,
can anyone advice me on what to do as my eea spouse has refused to provide document to support my PR application. i applied for a retained right of residence days before my 5year residence card expired, but it was refused on the grounds that i did not provide a divorce cert which is true as i am still married. we have been married over 5years but not lived together half of the time due to problems in the relationship. what do i do if my spouse is refusing to provide her documents.also its wise to appeal such a decision? thank you.

Are you planning to divorce soon? One of the conditions to apply for retain right is to be divorced from your sponsor it cannot be obtained based on separation.

Has your spouse been working/self employed?

hello ama,
getting a divorce has cross my mind but its complicated and it has not been easily. and yes my sponsor as been working for over 10years. the thing is that my sponsor is aware i am applying but has refused to provided document and has stop all form of communication including involving the authorities. what do i do?

bedebright wrote:dear forum members,
can anyone advice me on what to do as my eea spouse has refused to provide document to support my PR application. i applied for a retained right of residence days before my 5year residence card expired, but it was refused on the grounds that i did not provide a divorce cert which is true as i am still married. we have been married over 5years but not lived together half of the time due to problems in the relationship. what do i do if my spouse is refusing to provide her documents.also its wise to appeal such a decision? thank you.

You do not appear to qualify for ROR so the refusal was corrrect and no grounds for appeal.
And the dates on your RC are largely irrelevant. After all its not a 'visa'.

It may be that you have acquired PR status already.
How long have you been married?
How long have you been in UK?
How long has sponsor been a qualified (or settled) person) in UK?

bedebright wrote:hello ama,
getting a divorce has cross my mind but its complicated and it has not been easily. and yes my sponsor as been working for over 10years. the thing is that my sponsor is aware i am applying but has refused to provided document and has stop all form of communication including involving the authorities. what do i do?

I would suggest you apply for the PR. however you need to have solid evidence.

hello noajthan,
in regards to your question, i am still married. and we got married in june 2011.
i have been in the uk for over 10years although some of the years are shady.
my sponsor has been in the uk about the same time as me. to my knowledge worked from 2006-2015 and became self employed till date.

bedebright wrote:hello noajthan,
in regards to your question, i am still married. and we got married in june 2011.
i have been in the uk for over 10years although some of the years are shady.
my sponsor has been in the uk about the same time as me. to my knowledge worked from 2006-2015 and became self employed till date.

In that case you have possibly or even probably acquired PR as early as June 2016.
No need to worry about ROR at all.

Suggest apply for your confirmation of PR asap.
Start by collating what supporting evidence you can.

Don't despair, there are ways and means for HO to be persuaded to extract relevant information from an estranged and uncooperative or otherwise recalcitrant spouse.

thank you noajthan for the advice, ill start a fresh application as soon as possible. also what is my immigration statues now as my RC as expired.

bedebright wrote:thank you noajthan for the advice, ill start a fresh application as soon as possible. also what is my immigration statues now as my RC as expired.

RC is not a visa.

You may reside, work , study in UK as long as sponsor is a qualified person (or settled);
that is, for as long as you remain married to sponsor.
Cohabitation is not necessary.

In any case if, as it appears likely, you have acquired PR you can stay in UK in your own right regardless of spouse/ex-spouse;
you just need to file for PRC to confirm it.

thank you noajthan again for all your advice. i will start a fresh application now and keep you updated.