NON EEA Family Member help needed: PR application

[helpneeded2018]

hi,
i am a non eea family member, married December 2012to an eea national. i have a residence card expires on mid april 2018. i would like to apply for PR but my problem is i am separated with my wife but i am not divorced yet. she has been exercising treaty rights as self sufficient until now and continuing. she often travel for job reason and at the moment she is abroad. we are still in contact but my problem is she does not have much time to help me with the application and as we are separated, i don't have much access to her life anymore. i can only request her but if she does not help me what chances do i have that i can apply for a PR? can i apply for a PR if i file a divorce now? well we lived more than a year together and of course we are still married. so its more than 3 years. but she does not even bothered with the divorce. so i really don't know which route i can follow or apply?

i know my situation is very complicated and confusing but i really need some help. any information regarding this matter will be much appreciated?

thank you
xxx

[Obie]

How was she a qualified person between Dec 2012 to Dec 2017.

[helpneeded2018]

we both have a private health insurance since December 2012. when we applied for residence card we started this insurance and still continuing the same insurance. we are also financially sufficient as we both has good sources of earning. she does not work in the uk, so we have to maintain health insurance i guess.

[Obie]

Do you have evidence that she returns to UK after work?

[helpneeded2018]

until 2016 yes, after that she does not share any personal information with me, i am asking her to meet me since then and she is promising different dates but its been now a year she could not meet me. now that she is not being able to come i am planing to see her next month where she is now. i am not sure she will meet me but i am trying. god help me!

[Obie]

You may need to seek divorce.

[helpneeded2018]

i have some complicated issues with divorce. there was a time she was asking for divorce but actually never applied for it. i never wanted a divorce but as she was really not happy with marriage so once i decided to have divorce. since then she never talked about it. now i am not sure if i can apply for a divorce by myself.
when i am writing these problems it might look she is doing these intentionally but i am sure she is really not doing these on purpose. so if there is a possible way that the eu/uk law can help me in this situation?

[Obie]

It really would have been sensible to have obtained a divorce sooner.

Is there any proof you resided together? Any utilities in your name ? Joint bank statements, source of this sufficient resource you mentioned or availability of it.

You made like extremely difficult for yourself by delaying divorce until now, but can only hope for the best.

[helpneeded2018]

yes i do have some proofs, some are with her. i have some bank statements of hers that she did not take last year. our health insurance certificate, water bill and electricity bill and i dont know time to time she sent me money and other things. i don't know if that will be enough.

[helpneeded2018]

and also we opened a business together in the england, and we have a joint bank account. but when she started to work abroad, we never did the business as we planed to do the business together. but we still have everything active.

[Obie]

It may help, but i am slightly concerned about you not proceeding with a divorce before her departure.

You may succeed depending on the circumstances.

[helpneeded2018]

It may help, but i am slightly concerned about you not proceeding with a divorce before her departure.

You may succeed depending on the circumstances.

could you please explain how i can succeed on my circumstances? what do i have to do? in any case if i dont get a divorce do i have to leave uk?

i am currently part time employed as team leader and also self employed recently and already registered for utr and tax self assessment is due january 2019.
yes business is registered in both of our name and also we have a business account in bank.

[Obie]

It may be best if she returned to the UK and encourage her to proceed on the divorce, get documents of your relationship and residence, then you may have a shot.

At present it appears tough, but it will improve if you come to agreement on the above terms.

[helpneeded2018]

It may be best if she returned to the UK and encourage her to proceed on the divorce, get documents of your relationship and residence, then you may have a shot.

At present it appears tough, but it will improve if you come to agreement on the above terms.

thank you for your advise. i just want to ask for curiosity: how does it make sense that one person's life entirely depends on the other person's interest while no one can guarantee what is going to happen tomorrow? i found this EU/UK law is biased and making things worse than better. in current wold life is so independent and how one can even think two people will stick to each other just for a visa? they have a life outside uk and inside uk and they should have full freedom to enjoy it. who can guarantee a relationship will remain same forever? imagine i divorce my wife for a visa reason today and tomorrow she wants to come back in my life, do i have to marry her again? and if i dont divorce her: i loose my job, my visa and and go onto a uncertain life. i am have not been aware that such thing can happen in my life. so how does a law protect me and people like me? do we have any right to live our life without being so much concerned?

[Obie]

Suffice to say, you should not preach to the converted.

I am merely setting out what the law say and trying to offer the help I could in this Christmas eve night in this part of my world.

It is what the courts says unfortunately.

[helpneeded2018]

sorry if i sounded wrong. but i have decided to send my application without any divorce and if she does not come to help me with this application i will lunch a case against this freaking law where they give so much right to the eea national and make a non eea family member puppet. what i believe law is for life and not life is for law.
if they dont want to give residence to the non eea national they should do it before marriage and any scrutiny should be done before marriage. marriage is not a game, its a bond that requires a lot of sacrifice.

[Obie]

I believe it will help if you try and understand the true nature of EU free movement rights.

It purpose is to enable EU citizens to move and reside in the UK freely and to exercise a right that is bestowed on them under the treaty.

It provides no stand alone right to non EEA spouse. The right of the spouse only exist to enable the EEA national to exercise his or her free movement rights. This is why when the EEA national leaves, the non-EEA is expected to move with her as he has no autonomous rights.

Once you understand it from this standpoint, then all what I have said will begin to make some sense to you.

I wish you all the best in your endeavors anyway.

[helpneeded2018]

ok, so lets put the case together: eea national = jewel and non eea national = crown so when you put the jewel into the crown it becomes a marriage. now eea law says the jewel has free movement and it can choose any crown whenever and however they want as long as they are exercising treaty rights they can live in the uk. so the crown comes to the story and uk says you can only be worthy if your have jewel with you. and you must hold the jewel for five years without any scratch. it must stay with you. poor crown keep trying to hold the grip and the jewel start to fall apart because the crown does not have any control over the jewel. because the law does not care about the crown. it only cares about the jewel. so my concern comes here: why do they care only about jewel? what benefits do they get not giving any protection to the crown? do the other eu countries follow the same law? how much justifiable this law is? did anybody do any feasibility test on this law?

my biggest question is how can the law punish a crown without giving any control over the jewel? for example: jewel left uk, because it does not like anymore or for some unknown reason. does the uk law ask any question to the jewel that you came here to exercise your free movement, fair enough and we appreciate but now you have a crown here and you cannot leave it because its your crown? you must look after it. why there is no such law to make it fair and balanced?

i am not talking about divorce, of course divorce is a solution but its not everybody's cup of tea.

sorry if i am miserable and stubborn but i am trying to understand if i can establish a case here. if anybody think that i am right and i should fight my case please contribute your thoughts. if you think i should give up and just forget everything, you are also welcome put your opinion.

thank you
xxx

[Wise]

Am loving this!

Personally I agree with some of your comments. But am afraid if you try to find time and study the Freemovement Rights properly you will understand the entire picture but without that, am sorry you can't.

The most important thing for you now is to tidy up all your paperwork in other to get what you want. Otherwise, it's a game that can lead to an appeal process, waste of time and money. In the end you may have to leave UK.

I am a non EU myself and I can tell you that because all our leaders have sold us by receiving money from western world country. It has make things like this difficult when we are in abroad. EU Freemovement law is designed for EU national benefit alone. But far far more better than UK immigration law.However, depending on the paperwork that you have submitted you may be lucky if the caseworker didn't have time to dig deep as per your wife movement abroad etc. Depending how you prepare your documents. Because the caseworker always use applicants paperwork to make judgements over the case and that is why I use the word TIDY UP. As you're not divorce yet, are you able to add her ID with your application? If no then your application is on it way back to you without dealing with it.

My conclusion is that don't stress too much on the law because you cannot change it. Just focus on what you can get out of it and move. It's a petty we have to go through it but people who are British born don't, until they found themselves in another country.

Anyway, I wish you merry Xmas and happy new year in advance and also very good luck.

[Wise]

In addition to the above points.

God forbid, if the application fails and you don't want to divorce. My suggestion is to stay married and apply for new RC even if you don't stay together under same roof as Brexit on going negotiation still favour you.Again if you don't get PR she won't either and I guess you applied together as a couple because it will make sense to me that way.

Good luck.

[helpneeded2018]

@wise: thank you. merry christmas and a very happy new year!
@obie: thank you very much and wish you a very happy new year! sorry i forgot to wish you merry christmas! belated merry christmas!

[Obie]

That is very kind of you. I wish you a happy new year also, and hope you find resolution in the new year to the immigration matters.