EEA2 - Not longer together

[aredavto]

Hello
I hope you can help me with this enquiery. I am on an EEA2 family permit I got married a year ago. I have been in a relationship for 3 years, before that I overstayed my visa, however I was granted eea2 just about a week ago, the sadest thing is that during the three years I had the most amazing time of my life with my partner, after our marriage everything became a nightmare. The jelousy damage our relation til the point that I decided to move out, and i am not longer living with my EEA partner. everything happened during the 14 months that I was waiting my permit. at the end of the last year I met an english guy, he was so understanding in how devastating I was for everything, now we are living together as I fall in love with him.
He is concern as at the moment I have to rely on my EU partner for everything , however the terms that we finished the relatrionship were the worst ever. about a month ago my husband and me met to talk and I told about my new relation, he was a bit upset but at the end he understood, now that we are not living together and not longer together as a couple seems that we do quite well, we sad he will help me, how ever I wouldnt like to rely on that, neither rush on a new marriage.
I have started living with my british partner since december and I have back my passport just recently. my question is, what can i do to dont rely on my EU partner in the matter of my inmigration, as that in one way bothers my british boyfriend , and my other question my boyfriend is keen to help me in any possible way but i dont want to rush in a marriage just yet besides I have to get divorced before that so is the Durable relationship an option for me?

I would appreciate any help as I am in a bit of a hell as I dont want to hurt any of both and I believe I am hurting my boyfriend being dependent of my ex partner.

[aredavto]

Hi , I forgot to mention my boyfriend hold both UK and Irish passport, he said if my EEA2 Family permit can be switch to make him my sponsor as he holds an EU passport too.

Any help willl be appreciate as this situation is getting very complicated.

[jajanana]

Article 13 OF THE DIRECTIVE 2004/38/EC
Retention of the right of residence by family members in the event of divorce, annulment
of marriage or termination of registered partnership

(1) Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of registered partnership, as referred to in point 2(b) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State.
Before acquiring the right of permanent residence, the persons concerned must
meet the conditions laid down in points a), (b), (c) or (d) of Article 7(1).

(2) Without prejudice to the second subparagraph, divorce, annulment of marriage or the termination of a registered partnership referred to in point 2(b) of Article 2 shall not entail the loss of the right of residence of a Union citizen’s family members who are not nationals of a
Member State where:
(a) prior to the initiation of the divorce or annulment proceedings or termination of
the registered partnership referred to in point 2(b) of Article 2, the marriage or
registered partnership had lasted at least three years, including one year in the host
Member State; or
(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the union citizen’s children; or
(c) this is warranted by particularly difficult circumstances, such as having been a
victim of domestic violence while the marriage or registered partnership was
subsisting; or

(d) by agreement between the spouses r partners referred to in point 2(b) of Article 2 or by
court order, the spouse or partner who is not a national of a Member State has the
right of access to a minor child, provided that the court has ruled that such access
must be in the host Member State, and for as long as is required.
Before acquiring the right of permanent residence, the right of residence of the
persons concerned shall remain subject To the requirement that they are able to show
that they are workers or self- employed persons or that they have sufficient
resources for themselves and their family members not to become a burden on the
social assistance system of the host Member State during their period residence
and have comprehensive sickness insurance cover in the host Member State,
or that they are members of the family, already constituted in the host Member
State, of a person satisfying these requirements. “Sufficient resourcesâ€

[aredavto]

Thanks a lot for you reply, the problem that I am facing is that my relationship was for nearly 4 years but we are married just since december 08 las year so as a couple we have been for four years but as a married couple by legal meaning only since dec 08, we dont have any children. and they just gave me back my passport a week ago after a long wait.

[jajanana]

You can live and work in the Uk for the next five years before you will apply for permanent resident.
You can terminate your marriage the way things are going and get married to your british boyfriend.

[aredavto]

Thanks for your advised, I just got a bit of concern , because as far as i am concern my right depents on my EU partner being here in the uk and if i divorce him then i lose the rights i guess, even is my eu family permit is valid aparently i have to advised the ho of the change so , if with my boyfriend we decide to marry , i will have to apply for the CoA again to get permission as i believe i wont have statuss?

Is the unpartnership relationship would work, i mean if my boyfriend and me live together for more than 2 years will help to apply for it while i start the divorce route or they will refuse me straight away. again thanks a lto for your help

[intfenix1981]

Hi there - how did you resolve your situation?

Thanks

[askmeplz82]

Hi there - how did you resolve your situation?

Thanks

hi hi hi : that lady not in this forum for 3 years. send her a private message see if she reply