How to become British sponsor for my partner (current EEA2)?

[avellana86]

Hello,

I am a Brit living in the UK with my partner, a non EU national. We have been together one year and living together 6 months.

Currently he holds an EEA2 residence card on basis of his previous partner (they are separated but not divorced).

If he finalises the divorce with his wife, and I become his sponsor, how would it work...? Specifically:

1) Would we need to get married, or can I sponsor him as my unmarried partner? If we get married, is it better to do this in the UK?

2) How soon could (or should) we apply for new visa after the divorce?

3) I understand it costs £850 to apply from outside the UK, correct?

4) I understand he would need to apply from outside of the UK i.e. go back to his native country to make the application and wait for it to be processed before he is allowed to return 'home'? Home office website states this might take around 15 working days to process. Would it be better for me to go with him (so we can co-sign documents etc) or remain in the UK?

5) Apart from that 15-ish days to process the visa, are there any other applications to be made or waiting around to be done?

6) I understand I would need to satisfy a financial requirement of proving I earn more than £19k, correct? Do they look at his past financial history in the UK at all, or are they only interested in mine?

7) Is it likely we would run into issues due to him divorcing his Italian wife then applying for entry in a new category on the basis of a new relationship... (our relationship is genuine and committed, and started several months after he separated from his wife, but I understand the proximity/overlap may not look good on our application.)

Any advice much appreciated! Anyone been in a similar situation??

[Obie]

How long has you partner been married to this Italian national?

How long have the resided in the UK with the Italian national for?

He may be able to retain his right of residence in certain circumstances. If he fell into one of those circumstance, it make no sense in him changing his status.

[avellana86]

Thanks for the reply, please see my other thread:

http://www.immigrationboards.com/viewtopic.php?t=149351

He should now be applying for PR, but I'm not confident we can prove his wife's 'continuous 5 year period', as she hasn't declared any income for the past 2 years.

Are there any other routes available to him?

[Amber]

Please continue in your other thread

[avellana86]

OK, apologies, thought these were two separate issues but will condense onto the other topic..