advice about what to do :)

emmyfem20 · Post by **emmyfem20** » Tue May 29, 2012 6:26 pm

hello i have a little problem about my eea2 application, i am married to a french national and i have a pending eea 2 application in the home office for a residence card, the issue is just just that my application have been refused before and this is m second application, my relationship wit my ee2 national has ended but i am seeing a british national who i have know for a year and half and we have a good relationship. we are looking to get married and settled down as she is pregnant with my baby at the moment. so i am just wondering what kind of advice would you good people on this forum give me on how to go about it . thank you

Post by **Greenie** » Tue May 29, 2012 6:28 pm

what is your current immigration status in the UK? How many weeks pregnant is your girlfriend?

emmyfem20 · Post by **emmyfem20** » Tue May 29, 2012 6:31 pm

my student visa expired may last year , my gf is 4 weeks pregnant.....

.... we have a really good relationship and we are looking to get married .. but dont know how to go about it as i have a pending eea2 application with my eea national spouse

Post by **Greenie** » Tue May 29, 2012 6:33 pm

how can you get married to your girlfriend when you are still married to your wife?

when did your marriage break down? have you begun divorce proceedings? When did you marry?

emmyfem20 · Post by **emmyfem20** » Tue May 29, 2012 6:38 pm

thats why am asking ? i want to get a divorce from my wife.. but my fear is that since i have a pending application do i have to request for my documents back stating my circumstance has changed but since i dont have a current valid leave to remain would it not be a bad move ? its confusing for me

emmyfem20 · Post by **emmyfem20** » Tue May 29, 2012 6:41 pm

ill be married for a year in june and no i havent started divroce proccedings

Post by **Greenie** » Tue May 29, 2012 6:50 pm

i see from your previous posts that you were refused before due to your marriage not being recognised. How did you resolve this?

emmyfem20 · Post by **emmyfem20** » Tue May 29, 2012 6:53 pm

well i got more documents to support the recognition of the marriage from my home country and thats what i used for my new application , but since the first refusal it had put a strain on our relationship which led to us separating

Post by **Greenie** » Tue May 29, 2012 7:59 pm

I don't see any point in you pursuing your EEA application if your marriage has broken down. You won't qualify for retained rights of residence as you have not been married long enough. Obviously the fact you have no leave to remain will be an issue once you withdraw your application and you will not be free to marry until you have divorced. In addition even if you were married to your new partner you won't qualify for leave to remain under the immigration rules because you are an overstayer.

I would suggest you seek advice from an immigration solicitor or advisor on your rather complex situation. You should also seek the advice of a family lawyer. If you intend on a UK divorce (assuming the UK course recognise your marriage) then you would not be able to begin divorce proceedings until you have been married for a year.

emmyfem20 · Post by **emmyfem20** » Tue May 29, 2012 8:37 pm

okay thanks

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advice about what to do :)

advice about what to do :)