separated from EEA national and married a UK PR

[goobii]

I married in 2004 an EU nationalist who settled in UK and got EEA family permit to come to UK. I was given 42 month visa which expires 2007 Dec. Unfortunately we could not live together we were separated. We were legally separated in 2005Sep but I received my divorce in 2006 May from the court. But I had a girlfriend who is permanent resident in UK. I married her 2007 May and now we are living together. Could you suggest me how to remain me in UK with my wife as a spouse?

[Docterror]

Technically speaking, you are an overstayer and has been one since May 2007 after your divorce with the EEA national came through. The only way you can regularise your stay is by leaving the country and making an application for spouse visa on the basis of your current wife using the VAF2 from your original country of residence.

[VictoriaS]

This is not true. There is now guidance to allow spouses of EEA nationals to continue to reside in the UK even if that marriage has broken up, or even if a divorce has taken place.

The easiest thing is to do as Docterro has suggested, as continuing with the EEA route can be tricky, but it is possible.

Victoria

[Docterror]

This is not true. There is now guidance to allow spouses of EEA nationals to continue to reside in the UK even if that marriage has broken up, or even if a divorce has taken place.

The easiest thing is to do as Docterro has suggested, as continuing with the EEA route can be tricky, but it is possible.

Victoria

The possibilty was mentioned to the OP in the reply to his PM to me. Awaiting information about the length of marriage to the EEA national.

[goobii]

This is not true. There is now guidance to allow spouses of EEA nationals to continue to reside in the UK even if that marriage has broken up, or even if a divorce has taken place.

The easiest thing is to do as Docterro has suggested, as continuing with the EEA route can be tricky, but it is possible.

Victoria

I know the easiest way is to go back to home country(sri lanka). due to the civil war I am afraid of going back. Is there a way which i can apply for a visa by staying in the United Kingdom?If then so please let me know.

[Docterror]

goobi, since you married in Feb 2004 and divorced in May 2006, the required 3 years for retaining your right of residence has not been met as the marriage has subsisted for only 2 years and 3 months and as far as I know you can be considered as overstaying from May 2006. I will let Victoria get back to us about how it is possible to continue under the EU route.

To be able to apply for the Spouse visa from within the UK, you must be able to prove to the HO that it is dangerous for you to go back to Srilanka to make the application from over there, upon which you should be able to use the Section 8 of the Human rights to make an in-country application. But, I have to warn you. It can be pretty tricky to go that way!