divorce3.5 yrs marriage H/O approval for marriage as Ex EEA

[maomao]

Married 3.5 yrs but going to marry my fiancée needs H/O app


Hello good guys I salute you all who are doing brilliant job to help people with difficult immigration issues . Thank you all
I have a quick question but befor I throw any question, let me give you a brief history of my present EEA FAMILY SITUATION Any one or someone who feel like answering please do so or any body to answer me direct just as you guys had help some of us before
I got marry in February 2012 and got my resident card in 2013
the marriage became very very difficult and my ex decided to filed in divorce in 2015 March . The court accepted the decree nisie and in 2015 August the 5th , decree absolute was granted
My fiancée who I have been been for two years now is a Brtosh citizen and she want us to get marry as soon as possible . I move in with her 5 month now and recently we went and give our notice of Marriage to the Borrough we are now living .
But the lady that interview us said the will need to send the document to the home office for marriage approval becsause am not British neither indefinite leave to remain . So the lady said I have to wait probably 70 days and we have booked our weeding date in the church we intend to Mary .
My fiancée is frustrated over this issues now and we don't know what to do and why not 28 days becsause I have resident card already and again I have been marriahe for almost 4 years with my EEA ex partner .
Could any one here will try to advice us what can we do becsause I should been treated as some who has attain ror or what the home office would say ? Are they going to reply early or they would spoil our date fixed for the wedding ? Please I need guys responsible soon .
I thank you all in advance .

[maomao]

Guru, Obie and other senior me
Bet any reply ? Thank you once more

[liquidweb]

Married 3.5 yrs but going to marry my fiancée needs H/O app


Hello good guys I salute you all who are doing brilliant job to help people with difficult immigration issues . Thank you all
I have a quick question but befor I throw any question, let me give you a brief history of my present EEA FAMILY SITUATION Any one or someone who feel like answering please do so or any body to answer me direct just as you guys had help some of us before
I got marry in February 2012 and got my resident card in 2013
the marriage became very very difficult and my ex decided to filed in divorce in 2015 March . The court accepted the decree nisie and in 2015 August the 5th , decree absolute was granted
My fiancée who I have been been for two years now is a Brtosh citizen and she want us to get marry as soon as possible . I move in with her 5 month now and recently we went and give our notice of Marriage to the Borrough we are now living .
But the lady that interview us said the will need to send the document to the home office for marriage approval becsause am not British neither indefinite leave to remain . So the lady said I have to wait probably 70 days and we have booked our weeding date in the church we intend to Mary .
My fiancée is frustrated over this issues now and we don't know what to do and why not 28 days becsause I have resident card already
and again I have been marriahe for almost 4 years with my EEA ex partner .
Could any one here will try to advice us what can we do becsause I should been treated as some who has attain ror or what the home office would say ? Are they going to reply early or they would spoil our date fixed for the wedding ? Please I need guys responsible soon .
I thank you all in advance .

Your situation can happen to anyone. So I am not going to judge you. However, your timeline follows a bit like this:

2012 - Married to EEA
2013 - Got Residence Card (Expiry somewhere in 2018)
2013 - Separated from EEA partner and started relationship with a British Citizen
2015 - Got Divorced to marry BC

Now there are couple of things.

Your residence is entirely based on your EEA partner. Since you separated from your EEA partner in 2013, I doubt you have much chance on that front.

However, assuming that you had not separated from your EEA partner but was also having a relationship with your current partner, then after your divorce was finalised, you should have applied for ROR (retained right of residence).

So your case needs specialist advice. I recommend that you apply for ROR based on your current status. So you would give a new residence status. With that residence status, you are free to do whatever you want. Ofcourse, for ROR, you would need to prove your relationship status to your ex wife. And you would need documents such as shared bank account details, existence under the same roof, P60s from your ex wife to prove she was exercising treaty rights (or if she was self employed or student or self sufficient relevant proof).

Finally I think this is one of the best option you have is go back to your home country. Get married to your British partner and go to another EU country like Ireland and come back using SS route.

However, if I was in your situation, I would apply for ROR and then do the rest. It is possibly a very frustrating situation for you and your current partner. Wish you good luck. I hope some senior member from this forum can guide you further.

[Casa]

As you are still a foreign national, the Registrar is legally bound to notify the Home Office of your intention to marry. The Home Office will then decide if they want to extend the 28 days notification period to 70 days in order to give them the time to interview you both about your relationship should they choose to do so,
There' no way to avoid this if you want to marry in the UK.

[maomao]

Thanks very much casa i got your reply .is there anyone that have more to say so i can be rest assured withmy case

[maomao]

Guys kindly asking for more help and advice please!!!

[Casa]

The best advice you've been given is to first sort out your legal right of residence. Otherwise you may find that once the Home Office are notified that you intend to re-marry they will find that you don't have ROR through your ex-wife. What other advice were you waiting for?

[maomao]

Om thank you all and will now and try to sort all out and will update you all again
Many thanks to this forum.