EU Divorce and Married ProblemS with One EU Child

My case study is as follows

Came in the UK from Qatar in March 2001 on Student Visa.
Got Married to Spanish Wife in August 2006.
Got My Five Years EEA Visa on November 2007 which is expiring on November 2012.
In December 2007 my Spanish wife moved away from me(because i cheated her) so all her post is coming to her own address where she is currently living till now.But never proceeded Divorce.
In Jan 2008 i met love of my life a German lady we moved together in June 2008 and Allah gave us a beautifull doughter on April 2009 and she has a German Passport.

Now my German Wife wants me to start proceeding divorce to that Spanish lady so i can get married to her.

My questions are as follows

Can i stay in the UK while proceeding divorce and can i get married to my German wife with whom i have a one child as well?

If i transfer my visa from Spanish to German than how much i need to wait for my PR.

Can i transfer my visa just because i have a one Child who is EU National without getting married to German Lady.

Thanks for reading my post.All answers will be highly appreciated.

• You are the spouse of a Union citizen (is she exercising Treaty rights in the UK?)
• By June 2010 (arguably before), you will be the partner with whom a Union citizen has a durable relationship, duly attested (is she exercising Treaty rights in the UK?).
• You are the parent of a Union citizen child.

You can remain in the UK. Whether you can work depends on whether your current or future spouse is exercising a Treaty right in the UK.

Permanent Residence will be acquired in August 2011.

Thanks for your reply.I really appreciated for

You are the spouse of a Union citizen (is she exercising Treaty rights in the UK?)[/quote

Yes She is.My existing spouse is in the UK for more than 10 years and all her life she worked here

By June 2010 (arguably before), you will be the partner with whom a Union citizen has a durable relationship, duly attested (is she exercising Treaty rights in the UK?).

Yes she is doing her business here and paying tax.

You are the parent of a Union citizen child

.

Can i apply for as a parent of EU Citizen Child.If Yes than what tyoe of visa it will be and for how long it will last?

You can remain in the UK. Whether you can work depends on whether your current or future spouse is exercising a Treaty right in the UK.

Does that mean i should not apply for my divorce but me and my existing spouse Spanish lady are not living together at all.will that thing make my immigration case bit difficult.

Permanent Residence will be acquired in August 2011.

Under which rule i would be able to apply for Permanent Residence.10 years legal residance?

Once again thanks for your efforts.I really appreciate that

princeofqatar1 wrote:Can i apply for as a parent of EU Citizen Child.If Yes than what tyoe of visa it will be and for how long it will last?

At this point you need not apply for anything. You already hold a Residence Card which is valid until November 2012.

princeofqatar1 wrote:Does that mean i should not apply for my divorce but me and my existing spouse Spanish lady are not living together at all.will that thing make my immigration case bit difficult.

Divorce your present Spanish wife and marry your German partner if you wish. At this point it is not a matter for the UKBA.

princeofqatar1 wrote:Under which rule i would be able to apply for Permanent Residence.10 years legal residance?

No. Permanent Residence is not applied for, it is automatically acquired following five years of lawful residence in the UK with the Union citizen of whom you are a family member. If, by August 2011, you are divorced from your Spanish wife and are married to your German wife, you can, at that point, apply for your Permanent Residence Card as the family member of Union citizen who has been lawfully resident in the UK for five years.

Thanks very much for your reply

You already hold a Residence Card which is valid until November 2012

.

I thought my existing Residence Card is only valid if i live with my existing spouse not future spouse and Child.Theoratically my Residence Card become invalid if i am not in relationship.what do you think?

Divorce your present Spanish wife and marry your German partner if you wish. At this point it is not a matter for the UKBA.

After having a divorce from my present Spanish wife then i need to apply for a COA to get married here in Britain and that will automatically inform the Home Office about my situation or we can go abroad or French/Qatar Consulates and get married there.What is the best option?
Secondly i got a letter from the Home Ofiice which they normally send with a Residence Card inwhich it stated very clearly that if your circumstances change than u must need to inform the Home Office.

No. Permanent Residence is not applied for, it is automatically acquired following five years of lawful residence in the UK with the Union citizen of whom you are a family member. If, by August 2011, you are divorced from your Spanish wife and are married to your German wife, you can, at that point, apply for your Permanent Residence Card as the family member of Union citizen who has been lawfully resident in the UK for five years.

But here i have to live with my existing Spanish wife for five years but infact we are not in relationship since December 2007 just after getting my Residence Card.Even if i am not living with my wife make me eligible to apply for Permanent Residence by 2011.Where i legally stand here?

princeofqatar1 . You can get marraige to ur new German GFriend but the problem is when you divorce your spanish wife before your five years , you would need to apply for your own right and if you wait till 2012 you would need to apply with ur spanish wife passport/marraige Cert and payslip to get Per stay. Big decision. If you apply under your european chaild , you would not be able to work in uk and you need full medical card for the child , you would live bease on your child but can not work. If you apply for COA to get marraige with ur German Gfriend, HO would ask you for proof of Divorce and proof ur spanish was working in uk at the time of divorce and if you don't have this u would not be issue with COA and ur stay would be cancel at that point . so think well before going any futher. Sorry for wrong spelling. Need to eat Now

Thanks for your reply.

You can get marraige to ur new German GFriend but the problem is when you divorce your spanish wife before your five years , you would need to apply for your own right and if you wait till 2012 you would need to apply with ur spanish wife passport/marraige Cert and payslip to get Per stay.

It means i dont need to divorce my spanish wife untill 2012 but we both are not living together since December 2007.We have to live together for althose years to get a Permanent Residence.

If you apply for COA to get marraige with ur German Gfriend, HO would ask you for proof of Divorce and proof ur spanish was working in uk at the time of divorce and if you don't have this u would not be issue with COA and ur stay would be cancel at that point.

My spanish wife is working since she came in this country around 10 years ago.If incase i divorce my spanish wife and get married to my Geman GF than what type of stay HO will give it to me?