EEA Family Memeber divorcing and married to another EEA!?

[Joe1988]

Hi all,

I'm non-eea on EEA family member visa living in UK with my wife ( Spanish ) , we recently decided to get a divorce.

But I'm going to marry a another girl ( Italian ) living in UK as well , is that will affect my visa? Do I need to apply for new EEA family member visa or I can stay on mine?.

I have been on my EEA Family member visa for two years only since 2011.

I'm living in UK since 2008

I'm professional working in UK with 40k salary.

Please advise

Many thanks,

[EUsmileWEallsmile]

Moved to UK section.

[Obie]

For how long have you been married to this Italian woman / do you have a kid?

[Joe1988]

Hi Obie,

Thanks for your reply, we don't have any kids

We didn't get married yet, I'm still with my wife working on divorce paper

Me and my wife been married for two years and half but on visa is two years only ( These the 5 months was waiting after marriage when I applied for the visa )

Now after divorcing I'm going to marry the Italian girl, my question is do I need to apply for new visa, some people said I just need to inform the UKBA and nothing need to change at all in visa???

[Obie]

Well if you wait for another six months and then file for a divorce, then you will be able to retain your right of residence and probably secure PR in 30 months time.

If you divorce now, provided you get married on the same day as you divorce came through, which is nearly impossible, you residence will break and you will need to wait for an other 5 years to be able to secure PR.

[Joe1988]

Obie, Many thanks for your advise

Another question, the three years start counting from the date of marriage certificate or visa issued ?

as difference between them nearly 6 months

[askmeplz82]

Obie, Many thanks for your advise

Another question, the three years start counting from the date of marriage certificate or visa issued ?

as difference between them nearly 6 months

marriage date.


i will be looking at your case very closely.

i'm in the similar situation. separated from my ex wife . it's 4 years now. we thinking now about divorce.

i'm in relationship with an EU/British national and she is think i'm not serious enough to marry her. which i can't because legally i'm still married to someone else. She knows it

If after divorce i go to register office to give notice to marry they will see i have EEA2 resident card which is no longer valid ( no longer family member of an EU national after divorce )

so i don't know whether they i can marry or not

[Obie]

The time count from date of marriage.

[SouthWest1]

Obie,

from the date of marriage providing it was conducted in UK . correct?

otherwise, from the entry to UK on FP!

[Obie]

Obie,

from the date of marriage providing it was conducted in UK . correct?

otherwise, from the entry to UK on FP!

Correct

[na so]

Where can I see the link to marrying to an EU citizen more than 3 yrs that you can stay in EU? I have such issue, I have been married for about 6 yrs now(August), but moved from Sweden after almost 2yr to Denmark(almost 4yrs) as my wife is Danish, we are considering divorce now but I am advised that if I divorce, I will be sent out of the country.

[askmeplz82]

Where can I see the link to marrying to an EU citizen more than 3 yrs that you can stay in EU? I have such issue, I have been married for about 6 yrs now(August), but moved from Sweden after almost 2yr to Denmark(almost 4yrs) as my wife is Danish, we are considering divorce now but I am advised that if I divorce, I will be sent out of the country.

article 12, 13

http://eur-lex.europa.eu/LexUriServ/Lex ... 048:en:PDF