EEA4 - After Divorce

Hi All - Well first of all thanks for all the good advice and knowledge that people have parted with here, It was very helpful and so I am back with another questions.

Well I will be retaining my rights of residence after divorcing from my eea wife after 3.5 years of marriage, There is just one questions i would like to confirm. (to save time - I qualify for retaining the rights)

I was advised that I just need to write to the HO and advise them of my divorce, but would not need to apply for a new stamp on my passport.

My resident card is still valid for another 2.5 years, so I will not be able to apply for PR before that. In the mean time If I find some one and want to get married again after my divorce . Then can I get married and get my wife to the UK. Assuming she is not from the EU/EEA.

Will the home office grant her a spouse visa or what will the best way forward be....

I am just thinking out loud and this could well be the case with me, so any help would be greatly appreciated on this.

thanks
Bob..

bobobo wrote:Well I will be retaining my rights of residence after divorcing from my eea wife after 3.5 years of marriage, There is just one questions i would like to confirm. (to save time - I qualify for retaining the rights)

I was advised that I just need to write to the HO and advise them of my divorce, but would not need to apply for a new stamp on my passport.

That is my understanding, although it seems that a few posters in similar situations have been asked to submit documents that confirm their status. If that happens to you, I think it would be very helpful to do this, because you will need to submit these documents anyway once you apply for PR. And the later you deal with this, the more difficult it may be to get the documents.

My resident card is still valid for another 2.5 years, so I will not be able to apply for PR before that. In the mean time If I find some one and want to get married again after my divorce . Then can I get married and get my wife to the UK. Assuming she is not from the EU/EEA.

You can apply for PR 5 years after you qualified for a residence card (and it does not matter when you got it). But I think the law does not consider your specific case. It may be implied that your status is as if you were an EEA citizen exercising treaty rights, in which case you could invite your new spouse. However, common sense would imply that you should wait for PR. Otherwise the Home Office may suspect that the intent existed for quite a while, and that could be interpreted as a violation of the law.

thsths wrote:

bobobo wrote:Well I will be retaining my rights of residence after divorcing from my eea wife after 3.5 years of marriage, There is just one questions i would like to confirm. (to save time - I qualify for retaining the rights)

I was advised that I just need to write to the HO and advise them of my divorce, but would not need to apply for a new stamp on my passport.

That is my understanding, although it seems that a few posters in similar situations have been asked to submit documents that confirm their status. If that happens to you, I think it would be very helpful to do this, because you will need to submit these documents anyway once you apply for PR. And the later you deal with this, the more difficult it may be to get the documents.

My resident card is still valid for another 2.5 years, so I will not be able to apply for PR before that. In the mean time If I find some one and want to get married again after my divorce . Then can I get married and get my wife to the UK. Assuming she is not from the EU/EEA.

You can apply for PR 5 years after you qualified for a residence card (and it does not matter when you got it). But I think the law does not consider your specific case. It may be implied that your status is as if you were an EEA citizen exercising treaty rights, in which case you could invite your new spouse. However, common sense would imply that you should wait for PR. Otherwise the Home Office may suspect that the intent existed for quite a while, and that could be interpreted as a violation of the law.

Thanks for the advise mate....much appreciated.
ta

You guys are just thinking what is not going to happen for sure ? First it will be better if you can get devorce befor sending ur application to the HO , secondly man i think u have to make a new application again to the HO , given them ur reasons of devorce and u may be 1pecent luck if the don't ask you to sent ur EEA document like P60 , or cohabitation all those while . But i may be wrong just cheack with a legal lawyer.

Hi.

Your Residence Card came with a letter saying that if ever your circumstance ever changes you will need to inform the Home Office. This question was not worth posting.
And,thsths is absolutely spot on buy saying:''you should wait for PR. Otherwise the Home Office may suspect that the intent existed for quite a while, and that could be interpreted as a violation of the law.''