If your marriage were to terminate, you could apply for a retained right of residence. Alternatively, you could apply for a right of residence derived from your daughter if she has German nationality. I would advise you to seek legal advice. There is also much information on the Home Office website:
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Another option would be to apply for discretionary leave on the basis of your article 8 ECHR family life
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I have documents / photocopies from her employment and copies of her passport. But she is not supportive in any way and and threatened that she may inform the home office that she is not supporting any of my application. Is it ok to send these docements without her consent for an EEA 4 application as Its been 5 years since she is here and has been working?
Just to mention that previous seperation (not legally) was for two month and we recently got back together in March but didnt work out.
Now seperated for 3 weeks.
My question is that, under current circumstances Can I apply for Permanent Residence (EEA4 application) without her supporting the application,as she has been here in U.K for 5 years excercising Treaty Rights and we are still legally married (although seperated but no legal seperation has taken place).
Also EEA 4 application requires original EEA passport (proof of ID) to be sent with the application. The home office has recently seen her original Passport and i have a letter from UKBA confirming return of her passport. This is proof that they have already seen the passport.
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