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bruteforce
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Post by bruteforce » Tue Sep 22, 2009 7:02 pm

As this has been very useful forum for hundreds of ppl around the globe so I hope it will be useful for me as well.

I am a non EU family member of a EU national (Portugal) living in UK for 6 years. I got married 3 years ago and I got 5 Year Residence card as a family member of EU national. The problem is that there has been ups and down between our relations and it seems that we will have no option left but divorce.

My question is that if we get divorced here in UK, what will happen to my current visa will it be revoked?

Also if my current visa is not revoked and i get married to a NON EU national, will the Home Office allow me to do that?

I hope to get the best answers from all of u very hulpful guys out there.

Thanks

86ti
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Post by 86ti » Wed Sep 23, 2009 8:09 am

You don't have a visa. You have a residence card.

You can retain your rights under EU law if you have been married for at least 3 years where 1 year has been spent together in the host member state. You will have to be able to support yourself. You will also need to demonstrate that at the time of the divorce your spouse was exercising his/her treaty rights. You will need the cooperation of your (ex-) spouse to do that.

BTW, this topic comes up here quite frequently. You can find a lot more information in similar threads.

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Post by bruteforce » Wed Sep 23, 2009 9:06 am

thanks for your reply, just another question I assume "host country" is UK in my case?. Please correct me if I am wrong. (The point you said about the host country)

Also the 2nd marriage, would I be able to get married to a NON EU national after retaining the residence permit staus? ( Offcourse after the divorce)

Once again thanks for your reply!

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Post by 86ti » Wed Sep 23, 2009 9:28 am

bruteforce wrote:thanks for your reply, just another question I assume "host country" is UK in my case?. Please correct me if I am wrong. (The point you said about the host country)
Yes, UK in your case.

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Post by bruteforce » Wed Sep 23, 2009 9:54 am

Thanks!!!

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Post by difficult_guy » Wed Sep 23, 2009 10:23 am

Yes EU treaty give you right to remain and work in UK but you have to wait to get PR resident before you get marry with non-eu spouse anywhere in the world

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Post by bruteforce » Wed Sep 23, 2009 10:35 am

Are you sure its like that because as far as I know you can only get PR while u stay as a couple (married or civil partnership) for 5 years. Please correct me if I am wrong!

Cheers

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Post by difficult_guy » Wed Sep 23, 2009 10:41 am

You can read that EU treaty rules are very clear

Article 13.2(a) of the EU Directive that came into force on 30.04.06 reads :-

prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State;
5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership
Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker,
selfemployed, or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student
with sufficient resources to be self-sufficient.

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Post by bruteforce » Wed Sep 23, 2009 7:51 pm

Yes EU treaty give you right to remain and work in UK but you have to wait to get PR resident before you get marry with non-eu spouse anywhere in the world
could u please also give me the reference regarding marrying a non-eu (after divorce fom eu spouse and retaing the RC status) without gettin PR status. i shall be grateful once again. that would b off great help actually.

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Post by Ben » Wed Sep 23, 2009 8:54 pm

bruteforce wrote:could u please also give me the reference regarding marrying a non-eu (after divorce fom eu spouse and retaing the RC status) without gettin PR status. i shall be grateful once again. that would b off great help actually.
There is no such reference because there is no such provision. Right or wrong, you have to wait until you have attained Permanent Residence before you can bring a new non-EEA spouse to the UK, in accordance with Directive 2004/38/EC.

Call me cynical, but you're not divorced from your current spouse yet, and you're already thinking about marrying another person. Clearly you have someone in mind as you already know their nationality. I'm not interested in your private life, but the UKBA are.

Funny how 3 is often the magic number.
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Post by difficult_guy » Wed Sep 23, 2009 10:25 pm

could u please also give me the reference regarding marrying a non-eu (after divorce from eu spouse and retaing the RC status) without gettin PR status. i shall be grateful once again. that would b off great help actually.
There is funny logic behind it man. This man will remain independently, EU spouse (dependent on the same status). Unless he doesn’t change his status to PR, he can’t legally bring any other lady as a spouse from any other country. But he will remain free to engage with any other sort of relationship after divorce in UK.

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Post by bruteforce » Wed Sep 23, 2009 10:27 pm

Funny how 3 is often the magic number
would u mind explaining this for me plz, i did'nt get the point, i m a bit dumb as u see :roll:

oh n if u call it confession or whatever but I do have someone in my eyes (and heart) and offcourse i know the nationality as well and i don't see it as a crime, neither should the UKBA nor yourself do... (with respect :)

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Post by Ben » Wed Sep 23, 2009 10:32 pm

bruteforce wrote:
Funny how 3 is often the magic number
would u mind explaining this for me plz, i did'nt get the point, i m a bit dumb as u see :roll:

oh n if u call it confession or whatever but I do have someone in my eyes (and heart) and offcourse i know the nationality as well and i don't see it as a crime, neither should the UKBA nor yourself do... (with respect :)
Directive 2004/38/EC, Article 13(2) wrote:2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of
the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of
residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered
partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has
lasted at least three years, including one year in the host Member State;
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