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Hi there, got a bit of a weird case here.

I am a chinese National married to an EU citizen.

Back in the day my husband & I got married very quickly (8 months dating only!) so that I can stay in the UK ( I was on a student visa before). He has been unhappy because of our rushed wedding and marriage life so what we want to do is to get divorced in order for him to have a proper proposal and wedding .... I know I know it’s super extra and unnecessary, we could just have a ceremony and get on with it, but this really bothers him and I want to do everything I can to make him happy .

Since our marriage I was given an EEA family permit valid till 2021, the plan was to wait till then ( so I automatically get ILR?) , divorce , then remarry. However, because of the unique chance of EU settlement scheme I have already been granted ILR.

So my questions are:

1. If we divorce now would it affect my ILR ( through EU settlement scheme) ?

2. Is it ok to do what we want to do , divorce then marry again? Would it look weird to the home office ? If we can do it, is there a time we have to wait between divorce & remarry ?

I am fully aware that what we want to do is strange and a bit crazy, but I do want my husband to be 100% happy with our marriage. Therefore I really appreciate your help and understanding .

Best regards,

Eunice

Eunicexzk wrote: ↑

Wed Aug 28, 2019 7:26 pm

Since our marriage I was given an EEA family permit valid till 2021, the plan was to wait till then ( so I automatically get ILR?) , divorce , then remarry. However, because of the unique chance of EU settlement scheme I have already been granted ILR.

How can you have Settled Status ILR if you have -presumably- only been married for 3 years?

Because for EU settlement scheme all I had to approve was that 1. I am an EU family member and 2. I have been continuously living in the UK for over 5 years.

There is no requirement on how many years You must be married to an EU citizen. The 5 year thing was ILR through British regulations, this is EU settlement.

Eunicexzk wrote: ↑

Thu Aug 29, 2019 10:30 am

Because for EU settlement scheme all I had to approve was that 1. I am an EU family member and 2. I have been continuously living in the UK for over 5 years.

Are you saying you have been granted Settled Status? And this has been confirmed by an email from the Home Office saying that you have been granted Settled Status? Are you sure it is not Pre-Settled Status? Do go back to your emails and have that confirmed, because what you are saying is completely out of norm.

There is no requirement on how many years You must be married to an EU citizen.

There is. You can check a lengthy history of posts in this forum referring to the fact that residency in the UK while you are not a family member of a EU citizen DOES NOT count towards the 5 years required for either Settled Status or EEA permanent residence.

The 5 year thing was ILR through British regulations, this is EU settlement.

You are very confused. EU Settlement Scheme is UK regulation. What is EU regulation is the -soon to be retired- EEA Permanent Residence card. And as explained earlier, both of them normally require you to complete 5 years as the family member of a EU citizen.

Eunicexzk wrote: ↑

Thu Aug 29, 2019 10:30 am

Because for EU settlement scheme all I had to approve was that 1. I am an EU family member and 2. I have been continuously living in the UK for over 5 years.

There is no requirement on how many years You must be married to an EU citizen. The 5 year thing was ILR through British regulations, this is EU settlement.

" where they have completed a continuous qualifying period of residence in the UK and Islands 5 years as a family member of a relevant EEA citizen "

While you are clarifying exactly what residency you have been issued with, you should also be aware that divorce isn't as simple as you may believe.

I suggest to read the information in the link below and the section:
Grounds for Divorce
"You’ll need to give one or more of the following 5 reasons (also known as ‘facts’)."

https://www.gov.uk/divorce