Non eea- right to keep residence, in a particular case

[rachiduk1]

Hello Everyone

Im an Algerian national. I entered the uk on a student visa in 1998, then I got married to a french national in 1999, we lived together for just under 2 years, unfortunately the relationship broke down, and we divorced in 2003.
My 5 year visa has expired in 2005, when I applied to stay in the uk, my application was rejected as the marriage did not last for more than 3 years, I then had to leave as per home office decision, the UK and apply from back home for re-entry. So I therefore left the uk in september 2005.

At the time i was in a relationship with a polish national, my current wife.

We got married in Poland in June 2006, I was issued a family permit, then we came to the UK in September 2006.
My wife had to register under the worker registration scheme for 1 year before i was issued with a 5 year visa.

Our relationship started going downhill in the last few weeks. There are certain thigs that are not discussed in depth prior to marriage, and my wife finds that my culture in conlictual with hers when it comes to how we will raise our children one day, something we were discussing lately, and the disagreements suddenly arisen.
My wife is currently very unsure of what to do, and she might start divorce proceedings...as she plainly explained, she would never allow our child to learn about my traditions or my culture.

My questions if you allow me, are:

1- I know that I may qualify for the right to keep my residence if the divorce happen, however there are always rules behind the rules
like they say, will the home office make my life a living hell, just because i failed in two marriages, and therefore accuse me that i only married my partners to get a uk residence, which is of course totally not the truth?. I guess that my failed marriages are just a result of my share of bad luck in life.

2- If I were to apply for the right to keep my residence, when can I do this? just before the expiry of my 5 years visa, or when
the divorce proceedings have started?

Thank you for your help in advance. Any advice will be more than welcome.
thanks all

[abidjan1]

hi rachiduk1

sorry for your story marriage breakdown happens don't take it as bad luck but as not finding the right person for you(someone who will accept you for who you are personality,culture and so on)

regarding issue 1 remember the british society is a fair society i can assure you that you won't be discriminated on a basis of 2 failed marriages .

regarding issue 2 you will have to reapply using eea2 again for a new 5 years residency on your own under european provision law as long the marriage has lasted 3 years and at the time that the court will be issuing you with the decree absolute you have to prove that your wife was exercicing her treaty right.
it sometime take long when all the documentations aren't right.
here some clue on the CORE docs to support your application

your passport
decree absolute
ex wife p60 for last 3years and latest paylip at the time the decree absolute is issue
proof of living as wife /husband
your p60s.
good luck

[keshgrover]

hi rachiduk1

sorry for your story marriage breakdown happens don't take it as bad luck but as not finding the right person for you(someone who will accept you for who you are personality,culture and so on)

regarding issue 1 remember the british society is a fair society i can assure you that you won't be discriminated on a basis of 2 failed marriages .

regarding issue 2 you will have to reapply using eea2 again for a new 5 years residency on your own under european provision law as long the marriage has lasted 3 years and at the time that the court will be issuing you with the decree absolute you have to prove that your wife was exercicing her treaty right.
it sometime take long when all the documentations aren't right.
here some clue on the CORE docs to support your application

your passport
decree absolute
ex wife p60 for last 3years and latest paylip at the time the decree absolute is issue
proof of living as wife /husband
your p60s.
good luck

abidjan1, you are right. OP also needs to collect as many as documents on his and his wife's name on the same address as HO have shown a lot incopmetency with EU directive recently and can ask for any document they feel like. You also try to have a look ad Obie's post on this forum they will be very help full. Good Luck.

[BLK235]

Be aware HO often insists on seeing your ex passport or ID with this applications.