URGENT - issue with work

[psuch2]

i need some urgent advice on my issue.
i hold a RC since 2012, it will run out in 2017.
Ive been saprated from my wife but not yet divorced, i havent even started the divorce process.
Being interviewwd for a new job i disclosed that i am separated. I got offered the job, but they want prof my ex wife is still residing in the country, Of course my ex wife is refusing to do so.
Can an employer do that? Can they ask for such thing ? Where do i stand?

[Casa]

Yes they can, as unless your wife (as your EU) sponsor is exercising her Treaty rights in the UK, your right to reside here would be in question.

In order to avoid a considerable fine, your prospective employer is legally required to ask for proof that you are permitted to work and to show that proof to Home Office officers on request. You right to work depends on what your sponsor (wife) is doing here, as does your application for PR.

[psuch2]

Thank you. She is working because she said so over a txt message, but thats about it, no prof on paper.

[Casa]

Others may be able to suggest how you obtain that proof (apart from persuasion), but in any event you're going to need documented evidence of her employment, pay slips etc when you submit your PR application.

[psuch2]

thank you. I am going for ROR route, I will start the divorce process soon. But i really dont wanna loose this job offer, I ve been made redundant and really need work.

[Casa]

Are you aware that for ROR you face the same issue of obtaining documented evidence that your wife has been exercising her Treaty rights throughout the qualifying period up until the point when the divorce decree absolute is granted. How do you plan to do this?

[psuch2]

i understand the Home Office can liaise with other government agencies as soon as reasonable attempts have been made by the claimant.

[Obie]

The Residence Card, unless revoked, remains a valid documents. Employer has no right to ask you to provide evidence of your wife.

[Casa]

The Residence Card, unless revoked, remains a valid documents. Employer has no right to ask you to provide evidence of your wife.

What would happen if the RC had been revoked and the employer was checked by the HO? I'm assuming if a RC is revoked it isn't returned to the HO...or am I missing something Obie?

I was going to suggest to the OP that they ask their prospective employer to call the HO employer's checking service for confirmation of right to work.

[Obie]

The employer can use the residence card as exemption from the civil penalty.

Not sure why OP felt the need to discuss his marital life with the employer.

The problem is, they have not given him a job yet, so he will need to comply with them, otherwise they will say the position is gone. You can't take them to court.

[psuch2]

Hello
I didn't purposely told them about my marriage. During the interview I mentioned, but thought nothing of it. Luckyly I was offered the job, but them the HR raised the issue, I felt I couldn't go back and say otherwise.

[noajthan]

When were you married and when did you enter UK?
If before 2012, you may have acquired PR already.

[psuch2]

I was here illegally from 2004 until I got married in March 2012.
I have no prof i am here from that period, only a stamp on a old passport.

[Obie]

You may qualify next Spring for Permanent Residence.

[psuch2]

My ex wife will not help me in any shape of form to get the documents and paperwork I need from her.

[Obie]

My ex wife will not help me in any shape of form to get the documents and paperwork I need from her.

Not very nice. Is she working then?

You may seek assistance from court.

[noajthan]

I was here illegally from 2004 until I got married in March 2012.
I have no prof i am here from that period, only a stamp on a old passport.

Suggest hold off divorce until later next year at earliest.
Shoot for confirmation of PR on/after 5th wedding anniversary.

[Casa]

In the meantime, for your immediate issue with your job offer ask you prospective employer to call the UKVI Employer Checking Service to confirm your right to work.
https://www.gov.uk/employee-immigration ... ent-status

[noajthan]

... and keep personal life separate from professional/work life.

No need to go as far as fake photos of wife, family and dog on your desk but maintain the separation. Your employer and 'HR girl' are not your friends and confidants.

[psuch2]

Thank you Casa, unfortunately they are asking for paperwork as prof that still reside in the UK. I ve learn my lesson, it's unfortunate that will loose this opportunity but I will keep looking for a job. I am sure something will come up again, it's just a real shame because this was literally my dream job.

[psuch2]

I was here illegally from 2004 until I got married in March 2012.
I have no prof i am here from that period, only a stamp on a old passport.

Suggest hold off divorce until later next year at earliest.
Shoot for confirmation of PR on/after 5th wedding anniversary.

Ultimately I need a job to survive, as soon as my residence card runs out I will be out of work. I can't think of how would I work around that issue.
And i would still have the issue of getting documents form.my ex wife.

[Obie]

If they have given you the job, they cannot terminate it. It is strange why they want information of your wife.


Under data protection act, wonder of that will be lawful, to hold and store information about your wife.

[ptstream]

sorry did you mean you already have that job or they haven't hired you yet?

[psuch2]

I only got the job offer. And is literally my dream job. They agreed to hold the offer until next Friday. I think it's very unlikely I will be able to provide any prof.

[Casa]

I only got the job offer. And is literally my dream job. They agreed to hold the offer until next Friday. I think it's very unlikely I will be able to provide any prof.

Are you not even going to suggest they call the Employer Checking Service in the link I posted?