I really need your Advice on Divorce

Hi everyone,

I am married to an EEA national, we got married in 2010.
I currently have a 5 yr residence card issued Jan 2011.

Sincerely, I am no longer happy in my marriage. My hubby drinks excessively,
Always gets home drunk. Worse he fights everytime and gets arrested and locked up for sometimes 1 or 2 or 4 weeks. Talks and usually threatens me when drunk. Now for how long can I keep up with this.

I have tried my best but he just has no intention to change.

I am thinking to get a divorce.
What happens to my status when this happens?

I am happy with some other guy now(He currently holds Indefinite Leave to Remain but in the process of applying for citizenship)
We really both want to get married after my divorce.

Please advise me on the complications. If I divorce my current husband who is
An EEA national and marry someone whith ILR.

I am a non-EEA but hold 5 yr residency

Can I marry in this country if I divorce my husband?
If yes. What happens to my current status(5 yr resident Card)?
Do I have to reapply for a different type of visa?

I really want to get a divorce , but want to know the implications and the best way to go about it.

I appreciate every comment. Help a sad woman!
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Hi If you will divorse your husband then you night loose your EEA spouse status and you have to tell HO to be on the safe side. If you marry the guy with ILR you can apply for settlement visa.

Just to elaborate on what Punjab said, if you divorce your husband before 3 years of marriage, you will not be able to Retain Rights of Residence, Also there is a clause in the Letter that HO must have sent you with the RC that categorically states if your situation changes you would need to inform the HO.

Once you are divorced, you legally are not entitled to stay in the UK on the RC that you do have.

You can marry the Other Person you want to and after marriage you can apply for residence using the FLR(M) form.

I am not sure what your legal status would be after marriage and if you can marry in the UK as I said before once you are divorced you do not have the right to remain in the UK.

Punjab wrote:Hi If you will divorse your husband then you night loose your EEA spouse status and you have to tell HO to be on the safe side. If you marry the guy with ILR you can apply for settlement visa.

Thanks Punjab

Punjab wrote:Hi If you will divorse your husband then you night loose your EEA spouse status and you have to tell HO to be on the safe side. If you marry the guy with ILR you can apply for settlement visa.

Bobobo, many thanks for this great advice.
To clarify please, I will loose the rights to remain in uk if divorced before 3 years of marriage.

Can you kindly please advice on what the my rights will be if i divorce after 3 years... Can i retain my residency rights then?
What do i need to do when i divorce after the 3 years.
Do I have to let HO know about this even though we are then married for 3 years?
Do I have to apply to HO to retain my status or does that automatically happens?
Am I free then to re-marry in the UK without having to leave the country.

I am sorry to be asking all these. Please advice me where u can.
Thanks so much.

bobobo wrote:Just to elaborate on what Punjab said, if you divorce your husband before 3 years of marriage, you will not be able to Retain Rights of Residence, Also there is a clause in the Letter that HO must have sent you with the RC that categorically states if your situation changes you would need to inform the HO.

Once you are divorced, you legally are not entitled to stay in the UK on the RC that you do have.

You can marry the Other Person you want to and after marriage you can apply for residence using the FLR(M) form.

I am not sure what your legal status would be after marriage and if you can marry in the UK as I said before once you are divorced you do not have the right to remain in the UK.

Punjab wrote:Hi If you will divorse your husband then you night loose your EEA spouse status and you have to tell HO to be on the safe side. If you marry the guy with ILR you can apply for settlement visa.

as other members said, if you divorce before completing 3 years of marriage and the last year as residence in the uk, you will loose the right of stay, then you will have to leave the UK, you only retain right after 3 years of marriage with one year of residency in uk, and if your hubby is willing to help you by providing that he is still exercicing treaty rights in the uk, otherwise it is hard to remain here.

even if you divorce, then you apply to get married, i think UKBA officers might be somehow invited to your marriage because you are illegal,then you will be in other troubles,

i dont think it is possible to apply for some kind of visa after your new marriage inside UK, i think you will have anyway to leave and apply for the appropriate type of entry clearance from british embassy in your home country.