EEA4-No EEA citizens passport/ID, EEA PR Card accepted?!

[AncientAlien]

Greetings.

I should be thankful if somebody can advise me what to do as I have applied for EEA4-Permanent residence. All documents were including except my EEA wife's passport, although I included her HO issued Permanent residence card.
I am Nigerian and she is Latvian, we were living together since Nov 2006 but we married in the UK in May 2008, I got RC in April 2009 and its valid until April 2014. I automatically acquired PR status in May 2013.

Now I applied for EEA4 in June 2013 and the CoA that I was given by the HO says that they cannot confirm my right to work in the UK at the moment, until after 6 months when my application is decided. What can I do? Employers will not employ me with this type of letter that sounds dodgy.
I have called several HO telephone numbers and they keep telling me that the reason I was given the CoA with no right to work is because I did not submit my wife's EEA passport (which is about to expire and is scheduled to be renewed soon), but the passport is due for renewal in 4 weeks time and fear that the HO will not return it in time for the scheduled renewal. Plus the HO website said that alternative ID will be accepted if passport cannot be provided, what better alternative ID can I provide than my EEA wife's Permanent residence Card which was issued by the HO in the first place and which has her photo and her details.

I was lucky to receive a call from HO today but they just repeated the same mantra re: my wife's EEA passport was not included, but they refuse to comment on my existing right to work which is valid until April 2014 in my passport, that is the EEA2 stamp.

Please advise, what can i do now?

[Jambo]

You have a RC valid for another 10 months. Why do you need the CoA?

[AncientAlien]

You have a RC valid for another 10 months. Why do you need the CoA?

I need a CoA which i can show to employers that it is a confirmation from HO that I have the right to work in UK. All employers insist on seeing the ORIGINAL passport/Visa, but if I explain that I sent it to HO and I cannot show a letter from HO stating that I have the right to work, who will employ me?

Basically, why is it that all evidence have been provided including my passport with 10 months visa, Marriage certificate and wife UK Permanent residence document and yet the HO refuse to acknowledge my right to work in the UK?
Could it be because am Nigerian and the Woolwich terrorists are also of Nigerian origin?

[Jambo]

I need a CoA which i can show to employers that it is a confirmation from HO that I have the right to work in UK. All employers insist on seeing the ORIGINAL passport/Visa, but if I explain that I sent it to HO and I cannot show a letter from HO stating that I have the right to work, who will employ me?

Just get the passport back from the HO and show that. Surely a visa valid for 10 months would be worth more than a piece of paper valid for only 6 months.

Basically, why is it that all evidence have been provided including my passport with 10 months visa, Marriage certificate and wife UK Permanent residence document and yet the HO refuse to acknowledge my right to work in the UK?

The procedure they follow is that they can't confirm right of employment without the original IDs. The CoA is issued after an administrative initial check of the documents. When your case is later examined by a caseworker, he would probably not need to see your wife ID again but for the initial check list screening, they don't issue a CoA with right to work without ID (national ID or passport. PR Card is not an ID).

Instead of trying to change the way they work, just ask for your passport back.

[sheraz7]

The attachment of EEA national's EEA3 PR card does not replace the requirement of EEA national's passport/ID. You need to send it.

[AncientAlien]

I need a CoA which i can show to employers that it is a confirmation from HO that I have the right to work in UK. All employers insist on seeing the ORIGINAL passport/Visa, but if I explain that I sent it to HO and I cannot show a letter from HO stating that I have the right to work, who will employ me?

Just get the passport back from the HO and show that. Surely a visa valid for 10 months would be worth more than a piece of paper valid for only 6 months.

Basically, why is it that all evidence have been provided including my passport with 10 months visa, Marriage certificate and wife UK Permanent residence document and yet the HO refuse to acknowledge my right to work in the UK?

The procedure they follow is that they can't confirm right of employment without the original IDs. The CoA is issued after an administrative initial check of the documents. When your case is later examined by a caseworker, he would probably not need to see your wife ID again but for the initial check list screening, they don't issue a CoA with right to work without ID (national ID or passport. PR Card is not an ID).

Instead of trying to change the way they work, just ask for your passport back.

Thank for the advise. It just amazes me that the HO website will say one thing, and HO staff will do the other. At no point was I advised that HO will be unable to confirm my wife's EEA status if I submit her Permanent resident card and NOT her passport. To the contrary, the HO advises that if unable to provide passport, another form of ID will be accepted and this alternative ID that I provided is her PR card.

I really dont want to request my passport back, I just want the HO to confirm that I have the right to work in UK (at least until April 2014 as shown in my passport re: EEA2 family card)
I dont want HO to do anything differently, I just want them to acknowledge the fact that I have the right to work. How hard is that?

[AncientAlien]

I need a CoA which i can show to employers that it is a confirmation from HO that I have the right to work in UK. All employers insist on seeing the ORIGINAL passport/Visa, but if I explain that I sent it to HO and I cannot show a letter from HO stating that I have the right to work, who will employ me?

Just get the passport back from the HO and show that. Surely a visa valid for 10 months would be worth more than a piece of paper valid for only 6 months.

Basically, why is it that all evidence have been provided including my passport with 10 months visa, Marriage certificate and wife UK Permanent residence document and yet the HO refuse to acknowledge my right to work in the UK?

The procedure they follow is that they can't confirm right of employment without the original IDs. The CoA is issued after an administrative initial check of the documents. When your case is later examined by a caseworker, he would probably not need to see your wife ID again but for the initial check list screening, they don't issue a CoA with right to work without ID (national ID or passport. PR Card is not an ID).

Instead of trying to change the way they work, just ask for your passport back.

@Jambo...."PR CARD is not ID?". Are you being serious? Is that the HO's policy statement? That PR Card is not ID? If PR Card (which has photo and details) is NOT ID, please advise what the definition of ID is? Or are you saying that ID does not mean "Identification"? Or are you implying that a PR card that has one's photos and details CANNOT identify someone?

I appreciate your imput but I cannot say that I agree with you, unless you and the HO are using a different dictionary from the general public. Plus, the HO website says if you cannot provide a passport or National ID, alternative ID will be sufficient, so are you stating that a Permanent resident card issued by the Home office with my wife's photo and details on it is NOT sufficient proof of my wife's ID?

[AncientAlien]

The attachment of EEA national's EEA3 PR card does not replace the requirement of EEA national's passport/ID. You need to send it.

Sheraz7, Please check the link below re:Changes to the Immigration (European Economic Area) Regulations 2006

On 8 November 2012, the Immigration (European Economic Area) Regulations 2006 will change.

http://www.ukba.homeoffice.gov.uk/sitec ... egulations

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.

The key changes to the regulations include:

* Amendments to enable the Secretary of State to accept alternative evidence of identification and nationality where a person is unable to provide a valid ID card or passport due to circumstances beyond their control.

[AncientAlien]

The attachment of EEA national's EEA3 PR card does not replace the requirement of EEA national's passport/ID. You need to send it.

Hi Shraz7- Is there any part of the EEA4 instructions or policies where the HO have stated what you stated above? I spoke to HO staff today and they were unable to guide me to the policy statement or caseworker instruction that says that EEA citizen's PR card is not sufficient proof of ID or that HO will not be able to confirm my right to work in UK unless I submitted EEA wife's passport (despite submitting HO issued PR card).

What I really want is the section of HO instructions that says the above, I also stated to HO staff that I wanted the name of the actual staff/person who sent out the CoA letter (without right to work) so that I can have an actual person to sue for damages if I am unable to get employment or earn a living, they were unable to tell me which law, code, legislation, Act of parliament of statutes that says the above. Talk about throwing one's weight around.

[Jambo]

Thank for the advise. It just amazes me that the HO website will say one thing, and HO staff will do the other. At no point was I advised that HO will be unable to confirm my wife's EEA status if I submit her Permanent resident card and NOT her passport. To the contrary, the HO advises that if unable to provide passport, another form of ID will be accepted and this alternative ID that I provided is her PR card.

You are mixing two things.

The EEA4 form says that if the EEA national doesn't have a passport/ID card they can submit alternative form of ID and I agree that most likely that would satisfy the caseworker when he examine the application.
However, the CoA is just a receipt of the application. They open the application, check the documents provided and issue a receipt (note that for EEA4 there is no legal requirement to do so). If you don't provide a passport/ID, then the person which issue the CoA can't decide if the other form of ID is satisfactory. They are just administrators. Not caseworkers.

This is also stated on the Ho website (click on "Why doesn't my certificate of application give me permission to work while my application is being considered?" at the bottom of How to apply for residence documents as the non-EEA family member of an EEA national

I really dont want to request my passport back, I just want the HO to confirm that I have the right to work in UK (at least until April 2014 as shown in my passport re: EEA2 family card)
I dont want HO to do anything differently, I just want them to acknowledge the fact that I have the right to work. How hard is that?

In practice, all that you need to do is to tell an employer that you have a pending application with the HO. They can call the Employer Helpline which should confirm that you have a valid RC until April 2014 (and a PR Confirmation application pending).

Even with a CoA, a potential employer would still need to call the Employer Helpline to verify it so having the right CoA won't change much.

[sheraz7]

@Ancient alien
EEA3 pr card of EEA national can only help to not send again the evidence of treaty rights just like EEA1 for EEA2 but still EEA passport/ID is needed. Another form of ID which you reading most likely refer to some official document being issued from EEA national's country in replacement of ID/passport.

[AncientAlien]

@Ancient alien
EEA3 pr card of EEA national can only help to not send again the evidence of treaty rights just like EEA1 for EEA2 but still EEA passport/ID is needed. Another form of ID which you reading most likely refer to some official document being issued from EEA national's country in replacement of ID/passport.

Thanks Sheraz7. I do hear ur point and I certainly understand your views.
However, there is NO section of HO website or caseworker instruction that says:

"EEA3 pr card of EEA national can only help to not send again the evidence of treaty rights just like EEA1 for EEA2 but still EEA passport/ID is needed".

Instead the instructions are along the lines of:

"If u are unable to provide passport or National ID another form of ID will be considered..." It did not say that another form of ID from the EEA citizens country nor did it say that UNLESS the original passport for EEA citizen is submitted HO will not confirm right to work. Please try and understand that am not trying to be difficult, am just trying to show you that the HO seem to be acting illegally here. They know this as well, and thats why they have not given me the name of that specific officer/person who sent out the letter, lest I sue him/her for doing the wrong thing...

At any rate, why is an identity document that was issued by HO not acceptable by HO as proof of identity? Dodgy conduct by the HO if u ask me

[AncientAlien]

At any rate, why is an identity document that was issued by HO not acceptable by HO as proof of identity? Dodgy conduct by the HO if u ask me [/quote]

That reminds me of UK Birth certificate that says "This document is NOT proof of identity", but in order to get proof of identity e.g, Driving license & Passport, you need to SUBMIT the Birth certificate WHICH IS NOT proof of identity...duh!

If birth certificate is not proof of ID, then why do they accept birth certificate as proof of eligibility for ID...erm, something is not right here

[AncientAlien]

Thank for the advise. It just amazes me that the HO website will say one thing, and HO staff will do the other. At no point was I advised that HO will be unable to confirm my wife's EEA status if I submit her Permanent resident card and NOT her passport. To the contrary, the HO advises that if unable to provide passport, another form of ID will be accepted and this alternative ID that I provided is her PR card.

You are mixing two things.

The EEA4 form says that if the EEA national doesn't have a passport/ID card they can submit alternative form of ID and I agree that most likely that would satisfy the caseworker when he examine the application.
However, the CoA is just a receipt of the application. They open the application, check the documents provided and issue a receipt (note that for EEA4 there is no legal requirement to do so). If you don't provide a passport/ID, then the person which issue the CoA can't decide if the other form of ID is satisfactory. They are just administrators. Not caseworkers.

This is also stated on the Ho website (click on "Why doesn't my certificate of application give me permission to work while my application is being considered?" at the bottom of How to apply for residence documents as the non-EEA family member of an EEA national

I really dont want to request my passport back, I just want the HO to confirm that I have the right to work in UK (at least until April 2014 as shown in my passport re: EEA2 family card)
I dont want HO to do anything differently, I just want them to acknowledge the fact that I have the right to work. How hard is that?

In practice, all that you need to do is to tell an employer that you have a pending application with the HO. They can call the Employer Helpline which should confirm that you have a valid RC until April 2014 (and a PR Confirmation application pending).

Even with a CoA, a potential employer would still need to call the Employer Helpline to verify it so having the right CoA won't change much.

@Jambo
Thanks for the advise. I understand that the people who checked my documents at the first point are administrators and NOT caseworkers, but that does not mean that they are above the law. At the very least, they should not state that HO cannot confirm my right to work considering that all they had to do was to check my visa (it takes less than 30 seconds to do such checks).
There is no law, codes, legislation, statutes or Act of parliament that says that HO should ignore an existing right to work as shown in a passport, and that HO should write to the applicant to say that HO cannot confirm that applican'ts right to work in UK, just because the applicant did not include the EEA's passport in the application. At the very least, considering I have a valid marriage certificate issued in UK and my wife has a permanent resident card, HO should be able to confirm my right to work in UK.

In practice, all that you need to do is to tell an employer that you have a pending application with the HO. They can call the Employer Helpline which should confirm that you have a valid RC until April 2014 (and a PR Confirmation application pending).

Even with a CoA, a potential employer would still need to call the Employer Helpline to verify it so having the right CoA won't change much.

I agree with you above, but I would rather have a correct CoA and let everything else take its course.

This is also stated on the Ho website (click on "Why doesn't my certificate of application give me permission to work while my application is being considered?" at the bottom of How to apply for residence documents as the non-EEA family member of an EEA national

Why doesn't my certificate of application give me permission to work while my application is being considered?

There may be a number of reasons why we cannot confirm that you have a right to work in the UK. The main reasons are listed below:

If you are seeking to remain in the UK on the basis of caring for a child who is an EEA national, your application is based on your full-time caring responsibilities, so you will not be given permission to work in the UK under the European regulations.
If you are the unmarried partner or an 'extended family member' (such as a brother or sister) of an EEA national, you do not have an automatic right or entitlement to live in the UK with them. Until we have fully considered your application and determined that you qualify under the European regulations, we cannot confirm your right to work in the UK.
If you have not provided satisfactory evidence of your identity or of your relationship to an EEA national, we may need to ask you for additional or alternative evidence. Until we have fully considered your application and determined that you qualify under the European rules, we cannot confirm your right to work in the UK.


The points mentioned in the above section of the HO website does not relate to me at all, because they said depending on my circumstances (I provided satisfactory evidence of my ID (Passport) and my relationship to EEA citizen (marriage cert)...My circumstances is that I am married to an EEA citizen, who has acquired PR status in UK, I also have valid visa till April 2014, I also provided my marriage certificate and wife's EEA PR card to HO...so I do not know, understand or appreciate why my circumstances should mean that the HO cannot confirm my right to work.

Most importantly, if the HO insist on not recognizing or confirming my right to work in UK despite all the evidence, ALL I ASK is that the HO should provide me with the FULL NAME and DETAILS of the person who sent out that letter so that I can claim damages....simple as

The fact that there is no reference where their action is justified (that is giving me CoA with no right to work) shows me that they are either incompetent or outright harsh in the sense that they like to throw their weight around and enforce actions that are not entirely fair or legally correct

[Davmck70]

Mr Alien,
I have read all the posts regarding your question and my advice to you is to request for your application package back and reapply when you deem if fit and ready to. I understand your arguments but the truth is that most of the HO officials do not use discretion and will go by the books which is normal. If I were you, I will not teach them how to do their job rather I will do what they request without arguments. If not, you can follow the appeal route and end up in court which may even be longer than you expected.
I can also see that folks on this forum are trying so hard to help you which you should be grateful for but I suppose you want to have it your way. you can not eat your cake and have it.

[vinny]

The points mentioned in the above section of the HO website does not relate to me at all, because they said depending on my circumstances...My circumstances is that I am married to an EEA citizen, who has acquired PR status in UK, I also have valid visa till April 2014, I also provided my marriage certificate and wife's EEA PR card to HO...so I do not know, understand or appreciate why my circumstances should mean that the HO cannot confirm my right to work.

How would the EEA citizen's PR certificate prove that the holder was still in the UK?

[fysicus]

@vinny: even submitting a valid passport does not prove that the holder is still in the UK (or even alive). And the same can be said about any other type of document.
This is a fundamental weakness of the postal procedure that the UK has chosen for EEA applications.

[AncientAlien]

Mr Alien,
I have read all the posts regarding your question and my advice to you is to request for your application package back and reapply when you deem if fit and ready to. I understand your arguments but the truth is that most of the HO officials do not use discretion and will go by the books which is normal. If I were you, I will not teach them how to do their job rather I will do what they request without arguments. If not, you can follow the appeal route and end up in court which may even be longer than you expected.
I can also see that folks on this forum are trying so hard to help you which you should be grateful for but I suppose you want to have it your way. you can not eat your cake and have it.

Greetings Mr Davmck70,
I appreciate your contribution and ur awareness of the circumstances in discussion. Your advise to me that I should request my documents back and apply when fit & ready to do so is very rational and correct in light of the current situation. However, a new development has caused me to halt, turn and seek a solution in another direction. My EEA partner has been caught having extra-marital affairs in the past few days, after serious arguements she had confessed to many more affairs and this has caused her to move out of the home we currently share! Needless to say that I cannot even ask her for her passport anymore, in fact she texted to say she's no longer willing to assist

You do not understand my arguements, else u won't have stated that most officials go by the book, as they obviously have not done in my case (where the book says if passport is not available alternative ID, e.g, PR card will be accepted) I do not plan to teach them how to do their job, and of course, am only doing what they requested by providing an alternative ID where the original passport is not available...Are u guys missing something here or do u all just wanna see me as being difficult? What have I done wrong really? I was unable to provide a passport for a reason, I followed the book and provided an alternative ID which was issued by the HO and still everyone is saying that I am not doing as they have requested without arguements..Huh? There's no arguements here, am just asking which law book they are following? Am protesting about CoA that has no right to work here so I really don't know where appeal comes in as u mentioned in ur comment, however, in case u are referring to the aftermath of the application decision, I doubt that the HO will refuse the application on the basis of not seeing my EEA partner's passport, because the caseworker instructions were along the lines of "If certain documents have been previously seen by the HO, more credibility should be given to the photocopies in the HO's archive etc", so if I provide a copy of her passport along with another form of ID, i.e PR card, according to the above instruction if my copy of the passport match the copy which the HO have, the documents will be accepted
I am of course Elephantly grateful for the support and assistance that am getting from members of this reputable forum, and if u check u will see that I have also been a long standing member since 2008 so I am very much at home in this community; however, it goes without saying that all the assistance that I am getting so far does not shed any light on the one single question that I want to know...That is, which laws says that a PR card issued by the HO is not acceptable proof of ID? A bonus question would also be, which law says that an applicant that submitted a PR card where a passport is not available should be given a CoA that does not give him a right to work, even though he has a valid 10months EEA2 Family visa, and has submitted a marriage certificate that was issued in the UK?
I don't want to have it my way, I want to have things the way of the book/law, in fact my rights are exercised at will and defended by the grace of God and the Rule-of-Law

[AncientAlien]

The points mentioned in the above section of the HO website does not relate to me at all, because they said depending on my circumstances...My circumstances is that I am married to an EEA citizen, who has acquired PR status in UK, I also have valid visa till April 2014, I also provided my marriage certificate and wife's EEA PR card to HO...so I do not know, understand or appreciate why my circumstances should mean that the HO cannot confirm my right to work.

How would the EEA citizen's PR certificate prove that the holder was still in the UK?

Yes, that's a very deep question. Erm, I have many ways to prove that she is still in the UK, for example, after we recently split, I e-mailed her at work 4 days ago to ask her when she would finish at work so that I could bring some of her stuff to her. She replied with her work e-mail that shows her name, post, office address, e-mail address etc and said she'll finish at 5pm That is sufficent prove that she is in UK in June 2013, plus I have already submitted all of my EEA partner's monthly Payslips up until the 5yrs of marriage.

Am not sure if it's entirely relevant that the HO should confirm/prove that she's in the UK after the 5 years of marriage as she has acquired PR status (as long as she's not out of the UK for more than 2yrs since issued PR), I think the onus is only on the HO to confirm that she was in the UK during the whole marriage (which clocked 5yrs in May2013). So an application submitted in June 2013 should not provoke such probing questions about the presence of the EEA citizen in the UK, nor should that have any bearing on the HO's decision to issue a CoA with no right to work to the applicant. Unless the law states that such EEA citizens despite having acquired PR status, must be present in the UK whilst their non-EEA4 is submitting his/her EEA4 application. This is where am note very clear

[AncientAlien]

[quote="fysicus"]@vinny: even submitting a valid passport does not prove that the holder is still in the UK (or even alive). And the same can be said about any other type of document.

I quite agree with you on that, I think it's not because the HO want to prove that the EEA is in UK, I don't think that's legally relevant to an EEA4 application.
Though an HO staff did mention it to me yesterday that "How will HO staff know that your EEA partner is in the UK?", I replied that I have many e-mails from her local govt office to show that she's working, alive & Kicking
The HO staff asked me to hold on whilst she made enquiries, after about 15 mins she said the department she was trying to reach was busy, she took my details and said they would call me back but nobody did.

[vinny]

Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012) may help you.

[sheraz7]

I believe your query is already best answered and rather than posting again and create new threads you must try to fulfill this requirement. Remember all policies/guidelines are written in its generic format rather than in the fullest customized version for people means they cannot answer you exactly in the way you want/understand.
EEA3 is similar to EEA1 and can only help to not to send again treaty rights evidences. Not sending passport/ID give rise to question very easily how a married couple living together for the last 5 years and one of the family member has only access to EEA3 PR card but not passport/ID of EEA national.

[AncientAlien]

Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012) may help you.

@Vinny
Thanks for this info. Maybe that's why they made the changes to the rules in Nov 2012.

Amazing, insightful and enlightening piece!

Peace

[AncientAlien]

I believe your query is already best answered and rather than posting again and create new threads you must try to fulfill this requirement. Remember all policies/guidelines are written in its generic format rather than in the fullest customized version for people means they cannot answer you exactly in the way you want/understand.
EEA3 is similar to EEA1 and can only help to not to send again treaty rights evidences. Not sending passport/ID give rise to question very easily how a married couple living together for the last 5 years and one of the family member has only access to EEA3 PR card but not passport/ID of EEA national.

Thanks Sheraz7, my query has still not been answered or have you been able to show me the section of laws that justifies HO's conduct in this matter? Or are u suggesting that I should just withdraw my application and pretend the HO did not act outside the law?

New threads are exactly what they are "New threads", the threads which are new (which do not have anything to do with my original posting or query), seen?
If people answered me in the way that things are written in law, (as Vinny just did with his most recent posting) I will understand it because it is what I want. I like to see the law, the books, the rules being followed by one and all including HO (please see Vinny's posting in this thread re: Appeal).

I don't like when people make it seem that the HO is actually bigger than they are, by allowing HO apply illogical rules and arbitrary sanctions on applicants I am here to learn and share but that does not mean that I should admit that the HO is right when they are doing things out of the book.

Once again, HO can suspect what they want, as far as I am able to prove that we exercised treaty rights for 5yrs and I am able to provide alternative form of ID for my EEA partner, there's no law that says that HO should not confirm my right to work in UK! Do u know the section of the law that says HO can do that, please?

Even if I contact the HO today and say, erm, my EEA wife has refused to give me her passport because I caught her cheating on me and we argued and split up so she doesn't talk to me anymore, by law HO cannot refuse to give me PR as long as HO can prove that I was her family member for 5yrs until May 2013. What happens between me and my EEA partner after the 5yrs is not relevant to HO for the purpose of the EEA4 application.

I think I will just contact HO and say that my cheeky little EEA wife was cheating a few days ago and the new reason for failing to provide her passport is not simply because its almost due for renewal but because she's a cheat and I don't wanna have anything to do with her or her passport anymore I can even add that I can't bear to see her photos, documents, passports anymore
There's no law that says that if all other requirements are met, I should not be given PR

In fact that will make my application easier to deal with because:

On 8 November 2012, the Immigration (European Economic Area) Regulations 2006 will change.

http://www.ukba.homeoffice.gov.uk/sitec ... egulations

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.

The key changes to the regulations include:

*amendments to enable the Secretary of State to accept alternative evidence of identification and nationality where a person is unable to provide a valid ID card or passport due to circumstances beyond their control.

What even if we were married for 5yrs and now my EEA wife says she doesn't wanna assist with my application, so? EEA regulations does not say that the next step is for HO to not confirm my right to work, by the way I remain the EEA partner's family member until divorce is finalized (and that will take some time ) but divorce or no divorce, I am currently EEA family member, I have evidence of living with her for 5yrs, I submitted her PR card and marriage certificate and the HO will not confirm my right to work?

I will leave it here...I refer one & all to my signature below...God bless Lord Denning

[Amebo]

@vinny: even submitting a valid passport does not prove that the holder is still in the UK (or even alive). And the same can be said about any other type of document.

I quite agree with you on that, I think it's not because the HO want to prove that the EEA is in UK, I don't think that's legally relevant to an EEA4 application.
Though an HO staff did mention it to me yesterday that "How will HO staff know that your EEA partner is in the UK?", I replied that I have many e-mails from her local govt office to show that she's working, alive & Kicking
The HO staff asked me to hold on whilst she made enquiries, after about 15 mins she said the department she was trying to reach was busy, she took my details and said they would call me back but nobody did.

AcientAlien i would advise you take things easy and slow, sorry to ask what do you mean NIGERIA? WOOLWICH FIGHT BLABLABLA, because you are a nigeria? you av been in this country for a quite a long time and should nt use such language, as the HO av nt decide yet.

You should av divorce your wife at 1st then apply for PR via ROR, when you knew she was cheating on you, since the moderators / gurus and members of this forum av tried there best in finding answer to your question and you still insist, pls get a return train ticket to Liverpool, ask them your quest if possible fight them or teach them there job

Or you better Pray in what so ever religion you belong to for your application be favoured and granted on time........