EU Marriage after divorce under Spouse VISA

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Morning guys,

First, I want to show my appreciation to those who made this website. At least, now I have a glimmer of hope of finding answers.

Straight to it.

My wife and I are in our late 20s. I'm currently in the UK on a 2 years probational period spouse visa scheduled to expire end of 2014.
My wife has decided to/trying to end the relationship, because she feels she wants to be with another man. This has been going on for a while. I am trying to save this, but now, I don't want to be left at a dis-advantage hoping on something I have no control of.
I'm now in a relationship with an EU national, she exercises her treaty rights (which I believe is by working etc).
Anyway, I like to believe we are in Love. My wife(under the advise of her boyfriend), has reported me to the Home Office, stating relationship break down. She's been told it will take a while to come to a conclusion. With the help of this site and further research, it has come to my understanding that it is a 50/50 chance my visa gets cancelled.
Now, should it get cancelled, I will be in the UK illegally(theoretically). My

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Please...any form of advice?

[Obie]

You cannot qualify as a durable partner, if you are in a marriage with another person.

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Thank you Obie for the reply.

Yeah, I understand. That's why I intend to get a divorce first. I am just wondering if it will be all ok for my girlfriend and I to get married in the UK (given all the immigration issues; Spouse visa, former overstayer, divorced etc).

Thanks

[Obie]

It may well be possible.

Public authorities are not required to interfere with a lawful marriage, unless it is one of convenience.

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Thanks for the reply.

So when you say "may". You mean 50/50 chance? And no, if we go ahead with this, it is definitely not for convenience.

Hence, I don't want to rush and want to be absolutely sure. But tell that to my partner.

[facts]

If "it is definitely not for convenience" then you've nothing to worry about. Nobody can stop you becoming a family member of an EEA national after divorce with your current spouse. If UK cancelled your visa and you have to return to your country of nationality then you can marry there.

[Diomond]

First of all u need to get divorce in order to go through with your hungarian girlfriend to marry,
Secondly when u will go to marry ,Council might think that its a sham marriage and they may inform homeoffice, if they do so then ukba will think that ur marriage is broken and your visa is not valid anymore so u r marrying her to get a legal status, the chance are 50:50, they can even arrest u and said u back home ,Trust me i been through many many problems with ukba,
Get a divorce first, get a hungarian visa ,and then marry your girlfriend there and come back to uk with the marriage certificate, and apply for a residence card then,
Good luck

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Thanks for the reply.

This is bad. I was always of the impression that we will less likely encounter problems. Was hoping I wouldn't have to leave again (I partly blame the distance for the breakdown of my marriage).

To my understanding, if I do get a divorce. That automatically cancels my spouse visa and by law have to leave. When we consulted a solicitor, she advised we get married ASAP (obviously after the divorce), but worried it will be seen as a thing of convenience.
We consulted another, and he confirmed my suspicion about UKBA thinking its a sham and advised instead of doing it ASAP, we should build up more evidence proving we are legit (but at this point will be an overstayer. Since I would have done the divorce). Phone records, same address, pictures etc (this by the way, was what I provided during my initial spouse visa application from abroad).

I don't know how the COA abolishment will help, but I'm just not sure. I guess my question now is, how about if we provided these proof of relationship. Will this dispute the 'sham' idea they might be having and prevent us having to leave the country?

Also, would have thought me making a conscious decision of going ahead with the divorce proves I didn't do it initially for convenience. Surely, this also is not for convenience.

[maxmelion]

how come she cansel the visa without divorce ? and cant he ROR his spouse rc?

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She hasn't cancelled the visa. All she has done is report to the UKBA about the whole situation. Now she is advised to push for divorce (which I am of the belief, will cancel the visa..i.e. render it invalid).

Don't know what you mean by 'rc'. Care to explain?

[Obie]

Unlike marriage to an EU national, a marriage to a settled person or British person has to be subsisting. If it is not, your visa could be curtailed or revoked even in the absence of a divorce.

If she is not prepared to assist and wants to end the relationship, you are better of with a divorce. Then perhaps you and your current partner can make future plans.

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Thanks Obie for that post.

It's the future plan I'm trying to sort out. Just worried it will be seen as something it is not...sham. I just want to be prepared for what could come. How much and how long will I have to fight for this. If possible, prevent it all. Hence, the question I'm asking.

So far, what I've gathered is that it could be seen as one; 50/50 chance. Now how to beat this or prevent it is the real question.

[wiggsy]

On actually getting married:

So far, what I've gathered is that it could be seen as one; 50/50 chance. Now how to beat this or prevent it is the real question.

Guidance for Clergy – issued by UKBA

UKBA Guidance on Marriage and Cival Partnerships (Detention)

Chapter 31 See 31.10 and 31.11

[askmeplz82]

Thanks Obie for that post.

It's the future plan I'm trying to sort out. Just worried it will be seen as something it is not...sham. I just want to be prepared for what could come. How much and how long will I have to fight for this. If possible, prevent it all. Hence, the question I'm asking.

So far, what I've gathered is that it could be seen as one; 50/50 chance. Now how to beat this or prevent it is the real question.

I am in the same boat but little different

Family member of an EU national for 4 years. Still married but separated ; didn't talk about divorce yet.

in relationship with British Citizen and she is asking if will i ever marry her , she is thinking i'm not serious but was honest and told her that legally i can't marry her because still married to an EU national

i'm hopeless like you

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Thank you for the post wiggsy.

"Third Country Nationals currently must provide additional documents demonstrating their eligibility to marry in the UK."

This caught my eye. With regards my situation, after the divorce, I technically won't have any document demonstrating my eligibility. Is this correct?

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Thanks Obie for that post.

It's the future plan I'm trying to sort out. Just worried it will be seen as something it is not...sham. I just want to be prepared for what could come. How much and how long will I have to fight for this. If possible, prevent it all. Hence, the question I'm asking.

So far, what I've gathered is that it could be seen as one; 50/50 chance. Now how to beat this or prevent it is the real question.

I am in the same boat but little different

Family member of an EU national for 4 years. Still married but separated ; didn't talk about divorce yet.

in relationship with British Citizen and she is asking if will i ever marry her , she is thinking i'm not serious but was honest and told her that legally i can't marry her because still married to an EU national

i'm hopeless like you

To be honest, yours is much better. I believe.
Based on the knowledge I have gathered so far. I believe, since you have spent at least 3 years in the relationship. It is actually possible to retain residency rights after the breakdown of your marriage to EEA national, under European law. I have read cases like it. Please, professionals/mods correct me if I am wrong.

But please do look into it.

[wiggsy]

Thank you for the post wiggsy.

"Third Country Nationals currently must provide additional documents demonstrating their eligibility to marry in the UK."

This caught my eye. With regards my situation, after the divorce, I technically won't have any document demonstrating my eligibility. Is this correct?

Not in a church of england. it is guidance, my point is: they are very unlikely to come to a church wedding to detain you - a church is a "sanctuary" (sp)... they HAVE to come to your home first.

my wife didnt have ANY documentation to prove her right to reside in the uk when we married. - just an expired passport. that was cut at.

the clergy want to know your not going to be a sham, thats all they care about, and supporting your right to marry.

you dont get bans, but get a bishops common licenese.

church weddings cost a fortune, but if your that worried... its a safer option.

(I might note: that my wife and I had a daughter when we married, so it was obvious to our vicar / bishop that we had a subsisting relationship)

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Thank you so much for that valuable post wiggsy. Now, I know the church is a safer option. If you don't mind me asking, how much did you pay?

Also, am I right to say having a certificate from the church makes for a stronger case when we apply to UKBA?

And last question, I noticed you said 'Not in Church of England'.While reading the document you sent to me, there were few mention of 'Anglican Church'. I know they are different churches. With regards the marriage, are they on the same side (upholding the right to marry)?

I hope the last question wasn't a stupid question.

[wiggsy]

the "church of england" is part of the anglican (sorry, my post was a little misleading/misinformed on that comment). The actual thing is Anglican, to which church of england is part of. (I stated Church of England, because they are usually tied together). http://en.wikipedia.org/wiki/Anglicanism

The church we married in is actually a Catholic Church (The Holy Trinity in SUA)

"You said it is expensive. How much are we talking about? Want to know how much I need to budget for."

This depends on how much you want to spend. For our church wedding we paid:
Bishops Common License: Cant remember, but it was either £150 or £190
Basic church service was £650
There was an extra charge depending on Flowers, Bells, Organ, whether it was videoed ETC. (it come to quite a bit). Different churches publish their prices on their websites. All churches appear to be expensive. My friends church doesnt actually charge for weddings, but have a "Suggested Donation". A lot of ministers ETC will do what they can to help - go to your local minister/vicar ETC to speak to them...

"am I right to say you did not encounter any problems per se with the UKBA and all you needed for your wife's application was the certificate obtained from the church/not registry)? "

Thats correct. the Certificate was the Bishops Common License, which replaced the Banns being read etc... The actual license was issued by the Bishops legal firm - it took a while before it could be issued ETC though.


Obviously costs differ from one church to the other, and different bishops may have different charges etc (its the legal firm that makes the charge i believe, and not actually the church - so...) For costs its best to approach the church you wish to marry at.

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Appreciate the time you took to write that.

Might have more questions for you by the way. Just letting you know in advance. Since you have been through the marriage process. hope this is ok.

Cheers in advance.

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Update: Want to find out. If the UKBA does go ahead and cancel the visa and I appeal (for reasons of waiting for the divorce to go through). Am I right to say I still legally have leave to remain (and I can work etc), pending till my divorce goes through? Just trying make plans, plan ahead.

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Please, anybody?