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Thank you for posting. Why do you think a solicitor was so reluctant to applying for a document confirming retaining right of residence? It sounds like a reasonable thing to do. And why did he say up to a year? As far as i know it should be no more than 6 months.mcovet wrote:in theory, if a person retained his right of residence, it's an automatic status with the UKBA only CONFIRMING it. Although it may take up to 6 months to get that confirmation, one should, upon divorce, ideally apply on form EEA2 to confirm their status of a retained resident.
Once you know that the person qualifies (you say married since May'09) then it seems that if the EEA wife is working etc at time of divorce and willing to cooperate, then the person should normally qualify (subject to himself working etc after divorce and until May'14).
Now, once the person has retained the right of residence, they may remarry (legally) again as they would be in the country of their OWN right, not dependent on the EEA national. Which allows the person to marry again.
To address questions by the border staff who ask where the fam member is, you would reply that you are now divorced and you retained your right of residence and that you applied on such and such a date (if you travel after applying) to confirm your status (and you produce a COA or they can check if they don't believe you). In any case, even if they ask more questions, you have in-country rights of appeal so they couldn't just deport you from the airport.
Further, if the registrar asks questions, even though it'd sound awkward that you are remarrying soon after divorcing (possibility of a marriage of convenience) they cannot do more than just notify the UKBA but they MUST marry you two.
All in all, it may be an awkward situation but you know your rights and be prepared to respond to their queries should there be any. Legally, you can do it without leaving the country or switching routes!
It would be easier for you to marry in your own country (so to avoid the registrar's queries or UKBA involvement) but again, if that's not an option, marry here. Once you retain your right (i.e. the circumstances are such at the time of divorce initiation and finalisation) then you are in the UK without the need to depend either on your former wife or your future wife.