Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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armanibloke
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by armanibloke » Thu Mar 17, 2011 5:33 pm
Hello everyone i hope i can get some help from this site.
I use to be married to EEA member since Nov2006 we lived 2gether for more than 1year, i got my 5 years resident in july2007 it will exp july2012
me and my ex wife we are on the procces of the divorce we started the divorce procces like a month ago . the problem is she been on and off from work and i am not sure if i would be lucky enough to retain my right of resident after getting the divorce (absolute). even i have been working full time so far .note that i have been in relationship with british national for about a year now and we been living 2gether all this time .the question is if i am going to get married after my divorce do i need to apply through the HO again i dunno what they call that form to be honest i think is COA !! or i can just book it in register office and get married !!
thx guys
and if i would get married again and apply for a new resident card which i believe i woud get a new RC for 2years .
do i have to wait till them 2 years finished so i can apply for PR or would i be able 2 apply after i complete my 5 yeras resident in the uk
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armanibloke
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by armanibloke » Sat Mar 19, 2011 11:14 am
Any help guys pls
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sjimoh112
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by sjimoh112 » Sat Mar 19, 2011 11:57 am
Hi armanibloke,
This is opinion, it is what i'm aware of.
I don't think your RC you obtain through your wife (in devorce process) will cease immidiately after the devorce. Therefore you will not be required to apply for CoA for marriage in other to get Married.
If you marry the British citizen, you will have to apply for leave to remain and not RC which I believe will be valid for 27 months and you can apply for indefitely leave to remain afterward. I think you can apply for ILR with 3 months to go on the 27 months.
[Moderator Edit]
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armanibloke
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by armanibloke » Sat Mar 19, 2011 12:30 pm
it means like i will be back from 0
they wouldnt count the years that i have spend here already so if i get married again and get my leave to remain i would have to wait another 24 months to apply for indefitely leave to remain !!
anyone knows anything pls make an advise guys
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armanibloke
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by armanibloke » Tue Mar 22, 2011 6:26 pm
please anyone can add any advise i have been waiting for replay for the last 3 days thx
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Plum70
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by Plum70 » Tue Mar 22, 2011 6:54 pm
If you want to get married, do so knowing that you will need to apply for a 27 month UK spouse visa from your country of residence outside the UK. You cannot apply from within the UK because you were not granted leave to remain under UK immigration rules, but under EU rules which are not interchangeable.
Hopefully 27 months won't seem like an endless wait in your quest for ILR.
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armanibloke
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by armanibloke » Wed Mar 23, 2011 3:55 pm
Plum70 wrote:If you want to get married, do so knowing that you will need to apply for a 27 month UK spouse visa from your country of residence outside the UK.
Code: Select all
You cannot apply from within the UK because you were not granted leave to remain under UK immigration rules, but under EU rules which are not interchangeable.
Hopefully 27 months won't seem like an endless wait in your quest for ILR.
Thx for your replay mate
Are you sure mate ! I have been living with my current girl friend for about a year an half, and my RC won't expired till 2012, so if I get married here and I apply from UK with Uk marriage certificate.
I ll be asked to leave my job and return back to my home country and apply form there !?? sounds really weird
It should be like a way how to switch to a deferent category
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vinny
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by vinny » Thu Mar 24, 2011 12:08 am
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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seanp
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by seanp » Thu Mar 24, 2011 12:52 pm
@vinny pls butress ur point , My best friend married eea national in 2005 , got his RC 2007 and now divorce in january 2011 and now have right of retention on his RC . he has a british girlfriend and they want to marry very soon , can they married in uk and have a new visa on his british girlfriend? PLS ANY ADVISE......
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Greenie
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by Greenie » Thu Mar 24, 2011 2:12 pm
Read the information in the link. It is not possible to switch from EEA residence permit to leave as a spouse as already explained.
However if he has retained rights of residence why does he want or need to switch?