waqas123 wrote:Hello
If someone have retained their right and got new 5 years resident permit and want to marry with non eea national who is on student visa ... Can they apply for non eea student any visa i mean dependant??
What will be status of non eea national who is on student visa after marrying with a person who retained their right following divorce with an EEa national?
this question has been asked so many times. Bad news : no you can't
EU law says the right of residence is retained on a strictly personal basis However, once you have PR (5 years after entering) you qualify as settled under UK law, and then you should be able to sponsor your spouse
Under the EU regulations, you are a Secondary Beneficiary, who acquired your rights by virtue of Primary Beneficiary.
A secondary beneficiary cannot pass on rights, without the support of the Primary Beneficiary, which in this case will be an EEA national.
if you were still married, you could bring in your dependant parents or children from another marriage who are under 21 or dependant on you.
However this is not the case following a divorce. You can only pass on the rights to family members of yours who had it before you divorced.
