Please help, divorce from EEA before 3 years

[Swan]

Hi
I am writing regarding my husband, we are both non-EU nationals living and working in the UK. we talked to a solicitor who refused to deal with the case!

- My husband got married before I met him in 2004 to an EU national and got a 5 year visa.
- They then seprated after a year (In 2005)
- we then met here and got married in our home country (which allows polygamous marriages) in 2006.
- He got his divorce from her this month (2008) but his visa hasn't expired yet. the question is:

1- is his visa invalid now? does he need to inform the home office? will he be asked to leave the country?
2- I am on a work permit visa, can he become my dependant?

we have contacted one solicitor so far who refused to deal with the case and said that we should go back home and get married again ? how can we do that since we are married in our home country.
when we got married we were told that it was ok, since we did it in a country where polygamous marriages are allowed.

Can any one advice please or refer us to a good solicitor?
Thanks

[Casa]

Your husband's EEA Permit right to remain in the Uk ended unfortunately when he separated from his EU national wife. If you have been living together for more than 2 years you may be able to apply for an unmarried partner visa. I would suggest that you seek urgent legal advice from an OISC registered immigration advisor to find out what options you have.

[Swan]

thanks for the quick answer Casa, yes we have been living together and have proofs for 2 years and a half, can we still apply for unmarried partner visa even if none of us has indefinite leave to remain (I will be eligible to apply for 10 years ILR in Januray 2009 though)
thank you so much for the advice

[Casa]

I'm not sure. Maybe as work permit dependent, but as I suggested, wait a week if you can and then post on the other forum. Assume you got my PM? The forum is www.ukresident.com/forums

[cutepearl]

why does he lost his EEA right ?? he has been married to her for a year no ???

[yankeegirl]

In order to retain the right of residence, I think the marriage needs to have lasted for at least 3 years, and at least one of those years has to have been spent living in the UK.

[jude]

Casa ,
I just don't see how he is going to lose his right in uk? The have been married for more than 3 year even thought the were not living togther for 2 years as long the HO is not aware of tha is ok . Also after the devorce the certificate show more 3 years of marraige also I think he can show provide that , the have been living togther in uk for a year , any bills will do for both names . I also think it will be better to wait untill the end of your 5 year befor you apply for your PR although it will be better you inform the HO about ur devorce . I think all you need to sent to the HO is your Non EEA 3 payslip, 3 bank statement, 1 photo size , proff that you have been living one year in uk any bills will do and proff the marraige last 3 years , Devorce certificate will do . But I think , the may also want to know if you EEA wife is still living in uk and what is she doing and you have to use EEA4 form but check coz the form keep on chaging alot. NB : the did not ask you to sent proff that EEA was working or study, during the time of marraige , is you the Non EEA only . I don't think i'm wrong casa.

[archigabe]

Casa ,
I just don't see how he is going to lose his right in uk? The have been married for more than 3 year even thought the were not living togther for 2 years as long the HO is not aware of tha is ok . Also after the devorce the certificate show more 3 years of marraige also I think he can show provide that , the have been living togther in uk for a year , any bills will do for both names . I also think it will be better to wait untill the end of your 5 year befor you apply for your PR although it will be better you inform the HO about ur devorce . I think all you need to sent to the HO is your Non EEA 3 payslip, 3 bank statement, 1 photo size , proff that you have been living one year in uk any bills will do and proff the marraige last 3 years , Devorce certificate will do . But I think , the may also want to know if you EEA wife is still living in uk and what is she doing and you have to use EEA4 form but check coz the form keep on chaging alot. NB : the did not ask you to sent proff that EEA was working or study, during the time of marraige , is you the Non EEA only . I don't think i'm wrong casa.

Jude, what you are suggesting is deception. That is completely unacceptable on this forum so I am locking this thread.