Retaining right of residence/ marrying new partner

Hi there, I hope someone can help. I married an EEA national in 2003 but we separated about 3 years later after which time I started a new relationship with a person of the same gender. I have filed for a divorce with my ex-husband which is being processed at the moment. I intend to apply for ‘retaining the right of residence’ once I have received the divorce absolute. I understand this is possible because we’ve lived together for at least a year and have been married for more than 3 and we are both in full time employment. What I would like to know is that if I marry my new partner would I have any trouble getting a Certificate Of Approval to marry and also can I apply to stay in the UK based on my new relationship in case there is a problem with obtaining the ‘right to residence’ - ie- can I apply to stay in the UK through these two different routes at the same time? Thanks

mistle wrote:What I would like to know is that if I marry my new partner would I have any trouble getting a Certificate Of Approval to marry and also can I apply to stay in the UK based on my new relationship in case there is a problem with obtaining the ‘right to residence’ - ie- can I apply to stay in the UK through these two different routes at the same time?

Applying for the certificate should be no problem, because you have a legal status. It may seem a bit weird that you apply for a new marriage while being here as a family member of your ex - but I think formally there is nothing wrong with that.

You cannot have to applications going at the same time, as far as I understand. But strictly speaking "retention of residence" is an automatic process, not an application, so that may be a possible loophole. I think it would be better though to concentrate on one option first.

Switching to the UK law in country is difficult and may not be possible depending on the details.

Would suddenly changing sexual orientation not raise a few UKBA eyebrows I wonder?