EEA SPONSOR | PROXY MARRIAGE | DIVORCE

[NeedHelpplease999]

Met a nigerian guy at work in 2020, he was interested in me, started dating and he told me his student visa (tier 4) was expiring and that he risked deportation. He spoke to a lawyer who advised him of a proxy marriage, which I foolishly agreed to. We did a proxy marriage (during COVID), which was done in nigeria and he used it to apply for an EEA Sponsorship. I am an EU. we lived together, and long story short he cheated on me in May 2023. I did some digging on him and it turns out he scammed a lady in 2019 that brought him into the country he provided to marry her too and did a runner.
My question is, I don't know what I've gotten myself into, I have no copy of any of the paper work. All I know is that it was a customary marriage. How do I get divorced? Can I ever remarry, he's told me I can't divorce him until 5 years, I've never heard of that before. He's begged me to stay, but I simply can't stay with him. Also can he drag out the process of the divorce dilliberately?

[Angel99]

Hi,

Your story doesn't addup. How did your spouse ex partner bring him into the country and runaway. Then next he is on a student permit which was due to expire. It's not easy for someone to be on a partnership status and change to a low status as a student in EU. It's almost impossible and would take a long time.

Anyway, cheating on you doesn't certify him as a scammer. Infact cheating and divorce rate is very high in Europe.

Coming back to your question, you can request for a copy of your marriage certificate from the immigration office since he sent them a copy when applying for his EU residence card or

You can consult one of the registered and certified Nigerian lawyers/legal consultants to request for a certified copy of your marriage certificate from the registry office on your behalf.

If your marriage was also registered in your country of origin, you can easily get a copy from your own country's registry office.


He is wrong, you are free to remarry after your divorce has been processed. It can take 2 - whatever years. But in some EU countries, it can take months. You can only divorce in your country if the marriage was also re-registered there(marriage certificate changed to your country's one.)

The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.

[Angel99]

I learnt you are in UK, disregard the EU references but the process should still be the same.

[CR001]

The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.

Not sure where you get this from? There is no such rule.

[Angel99]

The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.

Not sure where you get this from? There is no such rule.

There have been cases whereby after divorce the EU citizen/UK is not able to sponsor another person into the country on the same category until 5 years.

Probably to prevent fixed marriage for visas.

I brought this up because her sponsor claims she can not remarry until same duration so maybe that's what he meant.

[CR001]

The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.

Not sure where you get this from? There is no such rule.

There have been cases whereby after divorce the EU citizen/UK is not able to sponsor another person into the country on the same category until 5 years.

Probably to prevent fixed marriage for visas.

There is no such rule and i have never heard of such cases for eu or uk citizens.

[Angel99]

The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.

Not sure where you get this from? There is no such rule.

There have been cases whereby after divorce the EU citizen/UK is not able to sponsor another person into the country on the same category until 5 years.

Probably to prevent fixed marriage for visas.

There is no such rule and i have never heard of such cases for eu or uk citizens.

I have personally seen cases of it. I can't tell if it's a law written down but this was the case.

[Frontier Mole]

Firstly inform the Home Office the marriage is no longer subsisting and that will end his right to remain in the UK.

You will be able to bring divorce proceedings in the UK. Talk to a family lawyer. You will need the wedding certificate though. He can’t stop you divorcing him nor can he slow the process too much.

He has told you the 5 years story because at 5 years he can apply for ILR - the quicker you inform the Home Office it will bring his legal stay to an end.

[Frontier Mole]

There is no such rule that prevents an individual bringing in another partner/ spouse dependent after a divorce.
So unless Angel99 can quote the law that they “believe” exists then it is safe to assume that is a falsehood.

[Angel99]

There is no such rule that prevents an individual bringing in another partner/ spouse dependent after a divorce.
So unless Angel99 can quote the law that they “believe” exists then it is safe to assume that is a falsehood.

Since you and I are not immigration officers you can not claim someone's case is a lie. Same as a banned person can be unbanned and be issued a visa, then it's also possible someone can be prevented from sponsoring different spouses.

Unfortunately i do not have the case sheet, then i could just upload it here to clear up your thoughts.

As i made it clear i only referenced to those cases because of the 5 years she mentioned.

[AmazonianX]

There is no such rule that prevents an individual bringing in another partner/ spouse dependent after a divorce.
So unless Angel99 can quote the law that they “believe” exists then it is safe to assume that is a falsehood.

Since you and I are not immigration officers you can not claim someone's case is a lie. Same as a banned person can be unbanned and be issued a visa, then it's also possible someone can be prevented from sponsoring different spouses.

Unfortunately i do not have the case sheet, then i could just upload it here to clear up your thoughts.

As i made it clear i only referenced to those cases because of the 5 years she mentioned.

As there is no details of the case that can be referenced on the face of it or if there are other reasons that led to the 5year halt of any further marriage contract.
In general, no such rule is known.

[Frontier Mole]

Angel99 I am calling you out as an outright liar and unless you quote the law, which I know you can’t then please vacate the board.

I am beyond qualified to state the operations and process of immigration law and have worked professionally within immigration for over 20 years.

Feel free to prove me wrong of course. Happy for any day to be a learning day.

[NeedHelpplease999]

Firstly inform the Home Office the marriage is no longer subsisting and that will end his right to remain in the UK.

You will be able to bring divorce proceedings in the UK. Talk to a family lawyer. You will need the wedding certificate though. He can’t stop you divorcing him nor can he slow the process too much.

He has told you the 5 years story because at 5 years he can apply for ILR - the quicker you inform the Home Office it will bring his legal stay to an end.

Yes, this is exactly his plan.
He said I have to wait until he is eligible to apply which is in 5 years from when he got his pre/settlement. He is begging me that I should wait. But I don't want to be with anymore, and i dont want to put my life on hold for him. He said if i ever loved him i should do it for him else his status will get affected. But he cheated, and we've been seperated since May. He came on a student tier 4 visa, and the sponsor that brought him to the UK contacted me saying he is a scammer and that apparently he has a lot of dodgy paper work. The marriage is registered in Nigeria and he applied for an eea dependant sponsorship i think its called.
How do I divorce him? Do I have to go to Nigeria?

[NeedHelpplease999]

Hi,

Your story doesn't addup. How did your spouse ex partner bring him into the country and runaway. Then next he is on a student permit which was due to expire. It's not easy for someone to be on a partnership status and change to a low status as a student in EU. It's almost impossible and would take a long time.

Anyway, cheating on you doesn't certify him as a scammer. Infact cheating and divorce rate is very high in Europe.

Coming back to your question, you can request for a copy of your marriage certificate from the immigration office since he sent them a copy when applying for his EU residence card or

You can consult one of the registered and certified Nigerian lawyers/legal consultants to request for a certified copy of your marriage certificate from the registry office on your behalf.

If your marriage was also registered in your country of origin, you can easily get a copy from your own country's registry office.


He is wrong, you are free to remarry after your divorce has been processed. It can take 2 - whatever years. But in some EU countries, it can take months. You can only divorce in your country if the marriage was also re-registered there(marriage certificate changed to your country's one.)

The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.

No, he met a lady online who sponsored his student visa application. Lived with her for a 2 years and did a runner. He now met me at work , we dated and he told me his student visa was expiring. He then was advised of a proxy marriage (which I was under impression was like a civil partnership) I foolishly did not do my research 24 and really dumb.
This was done in nigeria (Whilst we were still in the UK). Also, the lawyer told him that due to COVID we couldnt get married anyway so proxy marriage was the best.
Fast forward May 2023 I get a message from 21 year Jamaican lady who tells me my man is cheating on me. And that he wants to marry her. He's promised 3 women marriage. I have audio recording instagram messages and everything.
But when he told me I can't divorce him until 5 years I got extremely confused.

[Casa]

I believe the terms for a divorce listed below relate to your husband referring to a five year wait.

Currently in the UK the grounds for divorce are: The parties have lived apart for two years (consent of the other party is required).
The parties have lived apart for five years (consent of the other party is not required).
Unreasonable behaviour - this may include violence, excessive drinking, neglect, etc.

i.e meaning you can't get divorced without his agreement unless you wait for five years after separating.

However, the five years isn't a requirement if you divorce him for 'unreasonable behaviour', which in your case would be his adultery.

As this is an immigration forum, I strongly advise you to contact your local Citizens Advice. This advice would be free.

On another matter, have you actually seen his student visa?

[Angel99]

Firstly inform the Home Office the marriage is no longer subsisting and that will end his right to remain in the UK.

You will be able to bring divorce proceedings in the UK. Talk to a family lawyer. You will need the wedding certificate though. He can’t stop you divorcing him nor can he slow the process too much.

He has told you the 5 years story because at 5 years he can apply for ILR - the quicker you inform the Home Office it will bring his legal stay to an end.

Yes, this is exactly his plan.
He said I have to wait until he is eligible to apply which is in 5 years from when he got his pre/settlement. He is begging me that I should wait. But I don't want to be with anymore, and i dont want to put my life on hold for him. He said if i ever loved him i should do it for him else his status will get affected. But he cheated, and we've been seperated since May. He came on a student tier 4 visa, and the sponsor that brought him to the UK contacted me saying he is a scammer and that apparently he has a lot of dodgy paper work. The marriage is registered in Nigeria and he applied for an eea dependant sponsorship i think its called.
How do I divorce him? Do I have to go to Nigeria?

Since you went into details now then he didn't advise you can't remarry until 5 years.

If you both have separated from May, you must inform the Home office about your separation. You will need to provide you and your spouse details and addresses.

Since he was under EEA law now UK settlement scheme, if you both have been married for 3 years, he can still retain his rights to stay in UK.


***If you were married or in a civil partnership, separating from your partner doesn’t end your relationship. Your relationship only ends when you get divorced or dissolve your civil partnership***

If you’ve got divorced or dissolved your civil partnership, you can still get settled status after 5 years if all the following apply:

you were married or in the civil partnership for at least 3 years

you spent at least 1 year of your marriage or civil partnership living in the UK

your partner was in the UK when you started the divorce or dissolution proceedings

[Angel99]

As Casa mentioned, Adultery can be a grounds to trigger legal separation earlier but you will need to really work on it properly preferably with a solicitor.

Maybe your spouse is not aware he will not be deported and he can easily maintian his stay in UK even after divorce or separation with you, he should agree to it and allow your freedom. It will take some time to finalise the divorce though.

If you need a certified marriage certificate as i mentioned request a copy from Nigeria. You can use a certified Nigerian lawyer for it.

**You can start the divorce in UK since the marriage is recognised there.

[Frontier Mole]

https://www.gov.uk/government/news/blam ... into-force

No blame / no fault divorce has overtaken the 2 / 5 years processes.

[Frontier Mole]

I also suspect you are not officially married in the legal sense. Proxy marriages even in Nigeria are classed as customary and require a formal register wedding to formalise the marriage.

Taken from immigration case law -
Proxy marriages can only be accepted as valid in Nigerian law if conducted under customary law. Where legal requirements prescribe a marriage certificate to be presented, then only a certificate issued under the Marriage Act will be acceptable

I actually believe he is here as an unmarried partner under the EU regulations.

[Angel99]

I also suspect you are not officially married in the legal sense. Proxy marriages even in Nigeria are classed as customary and require a formal register wedding to formalise the marriage.

Taken from immigration case law -
Proxy marriages can only be accepted as valid in Nigerian law if conducted under customary law. Where legal requirements prescribe a marriage certificate to be presented, then only a certificate issued under the Marriage Act will be acceptable

I actually believe he is here as an unmarried partner under the EU regulations.

**UK recognises a marriage or civil partnership by proxy as valid if it took place under the law of another country where proxy marriage is lawful.**


**Where the applicant says they are married or in a civil partnership they are asked to provide evidence and they should normally provide an official document such as a marriage certificate or certificate of civil partnership issued in accordance with the law of the country where the ceremony took place.**

The new COI report dated 17 06 13,Nigeria government Confirm that proxy marriage is legal and Recognised by federal government in Nigeria.

Proxy marriage can be entered into the Nigerian registeries.

Are you aware her spouse is also on pre-settled status via spouse of EU citizen?

[Casa]

The OP has selected the Moroccan flag as their country of nationality.

[Frontier Mole]

https://tribuneonlineng.com/validity-of ... f-the-law/ - even in Nigeria proxy marriage is not constituted as official until the Marriage Act requirements are met.

The deciding case of Kareem is still extant and therefore the “marriage” has not been made official - hence my belief he is more than likely to be here as an unmarried partner.

[Casa]

https://tribuneonlineng.com/validity-of ... f-the-law/ - even in Nigeria proxy marriage is not constituted as official until the Marriage Act requirements are met.

The deciding case of Kareem is still extant and therefore the “marriage” has not been made official - hence my belief he is more than likely to be here as an unmarried partner.

@Frontier Mole In a previous post, the OP mentioned that his Tier 4 Student visa had been sponsored by a woman, who later claimed to have been scammed by him. Student visa applicants don't have sponsors surely? This may be referring to the other woman funding his course fees and not to 'sponsoring' his student visa.

[Frontier Mole]

Given the circumstances I am disbelieving of most of the background in relation to the entire immigration journey of the Nigerian.
As you state - tier 4 / student visas are not gained through individual sponsorship. The ex partner may well have given him financial support to meet the fees of the course etc.
Based on previous experience and given the timelines outlined he was probably enrolled on a one year course, two years at best. This would have required a huge investment of at least £10k in fees alone plus money in the bank to cover expenses per year.
The usual scenario for this MO is that the female partner is usually an older woman, financially well off and flattered to gain a younger partner in her life. This may not have been the case but it so common.

He either failed the course, was excluded for non payment of fees or simply knew he was going to jump to another visa type.

No surprise there were 1000’s of non EU citizens that suddenly applied for family member status under EUSS. It was easy to do, was free and did not require marriage. I believe the OP was more than likely targeted and he knew what he was doing.

What we don’t know - date of the proxy marriage, date of EUSS application and under what EU status was he granted stay. Only once this information is know are we in any real position to advise the OP.

[Angel99]

Given the circumstances I am disbelieving of most of the background in relation to the entire immigration journey of the Nigerian.
As you state - tier 4 / student visas are not gained through individual sponsorship. The ex partner may well have given him financial support to meet the fees of the course etc.
Based on previous experience and given the timelines outlined he was probably enrolled on a one year course, two years at best. This would have required a huge investment of at least £10k in fees alone plus money in the bank to cover expenses per year.
The usual scenario for this MO is that the female partner is usually an older woman, financially well off and flattered to gain a younger partner in her life. This may not have been the case but it so common.

He either failed the course, was excluded for non payment of fees or simply knew he was going to jump to another visa type.

No surprise there were 1000’s of non EU citizens that suddenly applied for family member status under EUSS. It was easy to do, was free and did not require marriage. I believe the OP was more than likely targeted and he knew what he was doing.

What we don’t know - date of the proxy marriage, date of EUSS application and under what EU status was he granted stay. Only once this information is know are we in any real position to advise the OP.

You can register proxy marriages in Nigeria. A legal representative (immediate families) with the required documents from the weds if abroad can register the marriage and receive the certificate.)

The families need to just swear an affidavit or known *statutory declaration*

The marriage act you keep mentioning just requires the necessary documents and procedure. If both parties are not around they can still register with the family members who conducted the proxy marriage.