EEA 4 APPLICATION ON SURRINDER SING CASE - HELP NEED ASAP

[bishop12]

I cam to the UK in 2005 as a spouse of a British national who was excersing treaty right in France . I was issued with 1year entry clearance in 2004 and when I arrived UK I applied and I was given 2 year eea family residence visa and in 2007 , I applied again and was given 5 years.
I am now separated from my wife and we have 4 children together which I have contact order for issued by a UK court for visitation rights. Iam paying children maintenance in regard of the children through child support agency.
Please was is my chance for a successful application for permanent residence.
I have been working here in UK for the past 7 years and have been married for over 3 years before we separated and have lived in UK for more than one year now.
I have not commence divorce proceeding since my visa expire next month.

[Jambo]

It seems you have already obtained PR automatically in 2010.

You can apply for confirmation using form EEA4. You will need to provide the same evidence you provided before about your spouse activities in France. You will need to provide evidence you have resided in the UK for 5 years.

The fact that you are now separated or your employment in the UK have no affect on the application.

If you wish, you can also apply now for naturalisation.

[Directive/2004/38/EC]

So your spouse had been working in France before 2005. And you have been in the UK since 2005?

When did you get married?

[bishop12]

got married in 2004 in france

[Directive/2004/38/EC]

So I would agree that you (most likely) have PR already.

Since you came to the UK in 2005, it would have automatically happened 5 years after the date you entered. So 2010 as Jambo says.

You would not have PR if you spent more than 6 months out of the UK in a year, or if your spouse was somehow not resident.

Interestingly, you do not need to prove that they were working since that is not required of UK nationals returning from working in a different EU member state.

Do you have a photocopy of your wife's passport info page? (I suspect it is optional since UKBA have all the details already).

You may want to apply for your PR card just so that you have the evidence that you are free to work, and that you can easily travel into and out of the country.

But the PR card just confirms the existence of PR which you have had since 2010. You will not in any way be "illegal" with the "expiry" of the RC.

[Obie]

I believe you may be able to secure PR confirmation, provided your wife has resided in the UK continuously for 5 years since 2004 and has not left the UK for more than 2 years since that period.

Further more you should be able to prove this by means of documentary evidence.

It may help if she is able to provide you are passport. Although failure to do this will not be the end of the world.

[bishop12]

I have a birth certificate and copy of her passport.
Also my children are british nationals and I have contact order for them.
I have all documents of council tax ,utility from 2005 to 2008 when we were living together in both names and some in her name. And some of her working documents when we were in France.
I have her college admission letter for 2007 -2007 . she latter went to university from 2008 t0 2011. which I haven't got . but I know the detail of her university and course and I have a copy of her registration as a nurse in UK after her university.

[Obie]

You could ask her to give you proof of her residence.

[bishop12]

that is not possible.
Iam looking at the court order issue since the eu law says one can retain right through access to a child when its is order by a Uk court.
She still live in Uk and the children are schooling here

[Obie]

Well the thing is, you cannot retain right of residence until you are legally divorced. Therefore as things stand, you cannot retain right of residence. Even retaining rights of residence require you to show she was a qualified person or someone with a right of residence at time of divorce. You will need proof of this for the home office.

The access to UK child exempt you from the 3years of marriage requirement, but it does not exempt you from demonstrating that your ex was a residence, a qualified person or someone with a right of PR at time of divorce.

You may require legal assistance as this is a complex area of law, and your wife unpreparedness to assist you with her proof of residence.

[Directive/2004/38/EC]

You should note that you have it easier than most people applying for a PR card.

Normally people have to show the EU citizen was resident and was exercising treaty rights. But you only have to show your wife was resident.