EEA dependant marrying a British National

[aleyandra]

Helo guys,

I need your advice on a complicated situation. My partner is in the country as the EEA National's dependant. He has been married since 2005,but separated from his wife for the last two years. Unfortunately he has not kept enough evidence of living with her for the first three years so has no retention rights.

I am applying for ILR under the HSMP JR this week and will hopefully be a British Citizen by the end of the year.

If my partner gets divorced and we get married, will he have to go back to his country to get his visa re-stamped? If he does, the chances are he will not get it as his pre-marriage immigration history is not clean.

If this is the case, are there any loopholes in applying for retention rights - any chance of getting it on proof of 1 year living together?

If not, could he try to get permanent residency based on 5 years in the country as the EEA depndant. Would he again have to provide proof of living together with his wife for 5 years?

Many thanks for your time

[aleyandra]

Hi again!

If nowbody has any advice, perhaps somebody could recommend a good lawer that we could contact?

Many thanks again

[John]

aleyandra, is his wife still in the UK, exercising EU Treaty Rights?

Or has she left the UK?

[aleyandra]

aleyandra, is his wife still in the UK, exercising EU Treaty Rights?

Or has she left the UK?

John, yes, his wife has been a resident in the UK since smth like 2001 and is still here, excercising the EU Treaty rights. I checked with my partner again and he confirmed that they got married in 2004 and separated (but still not divorced) in the beginning of 2007.

PS I don't know if it matters, but we have a baby together and both me and the baby now have ILR. I am going to register the baby British ASAP as he was born here and i can apply for citizenship at the end of December.