2 nd EEA marriage and EEA application

[mooneymoon]

Hi Everyone,

Please guys, help me who knows about it.

I was married for more than 3 years to EU national and she divorced me after 3 years. She divorced me and I can not get
any documents from here for Retained Rights application. All that happened in 2013, since then, in 2013 I wrote a letter to Home Office through my Member of Parliament and went for help to immigration solicitor asking for help but he took time and money but did not help yet.
I have someone who is EU national and we live together now and are expecting a child, also planning to get married.

My questions are;

1) Am I allowed to get married as I have decree absolute and my immigration status is pending/unknown ( as I took
long time since 2013) have not made any application and only requested clarification from Home Office through my MP.

2) Am I allowed to get married as my future spouse was only in temporary employment with recruitment company, although
she applied as a EU national for permanent UK residence card and we are expecting a baby?

3) Could we be successful or I should apply via Retained Rights?
For information: I have been in UK for 14 years and had visa gap of 2 months after my year 8

Regards
Vad

[rosebead]

As long as you are divorced, there is no problem getting married again. It's up to you whether you choose to go down the route of Retained Rights or if you choose to apply for a right of residence through your fiance, whichever you feel would be easier.

However if you are not married with your partner, a right of residence is not automatic and depends on your personal circumstances. The Home Office likes to see proof of co-habitation for 2 years for unmarried partners, though if you have children you could argue your way around it, though it might have to be in appeal court as the Home Office might refuse if you have co-habited for less than 2 years. If your partner has a PR certificate, you will not have to prove that she is currently exercising Treaty rights, otherwise you will have to.

For Retained Rights you will need proof that your ex-wife was exercising Treaty rights throughout the divorce proceedings from start to finish. If you can't, it may be possible to appeal and ask the court to make directions to the Home Office to check the HMRC records of your ex-wife for proof of exercising of Treaty rights.

[mooneymoon]

Hello Rosebead and everyone,

Thank everyone for your help and at least attention.
I would like to go via Retained rights route but... There are some buts.

My ex - wife was made redundant after the 2nd year of our marriage and she was unemployed for about a year or less.
Later, we have started our own business and she had her company opened too, but never traded and closed it down,
the time between her redundancy and opening company was about 3-6 months ( the company never traded and was closed down)
At present she has a company and trades but I don't know how.
My questions are: 1) Do i have a chance?
2) How long may it take?
3) The probability of refusal?
4) Would it help if I show that now I am having relationship with EU national and we are expecting baby?

2nd route could be getting married with my current partner although I am not very keen on it as I don't really want to be said that I am married to EU national as I was said so so far

Please kindly advice me.
Regards
Vad

[rosebead]

You do not need to show that your wife was exercising Treaty rights throughout your whole marriage unless you are aiming to apply for a PR card. To retain a right of residence, you need only show that your wife was qualified at the time of your divorce, and of course that you were exercising Treaty rights yourself after the divorce.

Read this Home Office guidance.

[mooneymoon]

Hi,


She did not work at the time of divorce, but she had a limited company at that, which has never traded and after a few months she closed it down with her signature but before that she had a full time job, although was made redundant due to branch inefficiency ( that branch was closed, it's a big retail chain).

[mooneymoon]

At present she has a new limited company

[mooneymoon]

Can someone advice me please?

[Obie]

Its a bit tough, but you may be able to succeed depending on the circumstances and the Strength of evidence you have.

[mooneymoon]

Hi guys,

What do you think about length?

Regards

[Obie]

What length?

[mooneymoon]

Hi,

The length, the whole process may take.
Is it 6 months they have to go through everything or how long is it?

Regards

[Obie]

It all depends on the complexity of the divorce.

[mooneymoon]

Hi,

Thanx. Could you please kindly specify?

Regards

[Obie]

Are their children, are their property issues, is the other party opposing the divorce.

[mooneymoon]

Hello,

Its a problem but there is no property issues and no children we divorced 2 years ago!
And we have not argued