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The burden of proof rests on you to satisfy the UKBA that it isn't a marriage of convenience. Of course if you plan to marry your current British partner shortly after divorcing your EU husband alarm bells are sure to go off.I just think they wouldn't give me this certificate of approval, coz I need to proove my new relationship, and they might suspect it's a marriage of convenience, as I recently divorced. I don't know.
The rules on certificate of approval do not apply to you if you:
are a British citizen; or
are a national of a country in the European Economic Area (EEA); or
are the family member of an EEA national and have right of residence in the United Kingdom but are not yourself an EEA national; or
have in your passport a certificate of entitlement giving you right of abode in the United Kingdom; or
are not subject to immigration control.
That is a strange interpretation for me because when the HO made the list of the people who are exempted, the first one they would have thought of when exempting for the CoA with 'the family member of an EEA national and have right of residence in the United Kingdom but are not themself an EEA national' part, is the partner of the EEA national.walesky28 wrote: Even though you are retaining rights, the Home Office's interpretation of the law is that you are technically not a family member of an EEA national anymore- it's a bit of a grey area, but under the strict definition of family member, you would happen not to be one.
When did you marry the EEA citizen? When did you start living in the UK? When did you get divorced?irakra wrote:Does anyone know if I divorce my spouse (EEA) and qualify for retention of rights according to all these rules that we all talk about, if I want to get married with my partner who is a British national, if I would be able to do it in the UK and then apply for 2 years spouse visa while having this EEA family member residence card
I am not debating that at all. Let me break it down to make it simple-datuchi wrote:the family member bit applies to the non-EU parents/children of EU nationals and NOT to the spouses/civil partners. It makes perfect sense, you are NOT a family member once you've divorced.
When did you marry the EEA citizen? When did you start living in the UK?irakra wrote:So there is no escape from doing it!!!!