Divorce & marry with another person

[UkLortus]

My friend is Non EU, married with Irish for more than 7 years ago and their marriage now is difficult to continue after trying hard, my friend applied Permanent Resident card rejected by Home Office due to the EEA national did not exercise the treaty in continues 5 years. now the case is in appeal stage.

My friend has been living with a British citizen for 3 years. if she drop the Appeal case now, go back to her own country, divorce and then marry with the British citizen, then apply the Spouse visa to UK next year, will home office reject her application? British citizen meets financial criteria and she mentioned they plan to buy a flat together next year.

Thanks a lot!

[noajthan]

My friend is Non EU, married with Irish for more than 7 years ago and their marriage now is difficult to continue after trying hard, my friend applied Permanent Resident card rejected by Home Office due to the EEA national did not exercise the treaty in continues 5 years. now the case is in appeal stage.

My friend has been living with a British citizen for 3 years. if she drop the Appeal case now, go back to her own country, divorce and then marry with the British citizen, then apply the Spouse visa to UK next year, will home office reject her application? British citizen meets financial criteria and she mentioned they plan to buy a flat together next year.

Thanks a lot!

Its unclear how 'friend' may acquire PR based on marriage to one Union citizen whilst concurrently in a relationship with another Union/British citizen.

[UkLortus]

HI noajthan, thanks for reply.
My friend's current marriage cannot continue, they plan to divorce.

After divorce, she may get married with the British citizen. she is worried about the HO will reject her new potential application which would be next year.

thanks.

[Obie]

Is this current Irish spouse working or has he left the UK?,

[UkLortus]

The Irish Spouse left recently.

[Wanderer]

The Irish Spouse left recently.

I think the 'friend' must leave then too...

[Casa]

The Irish Spouse left recently.

I think the 'friend' must leave then too...

Correct. The right to reside in the UK was lost when the marriage broke down and the estranged spouse returned to Ireland. The friend's 'new' relationship with a British citizen won't qualify her for a settlement visa under UK Immigration rules while they are still married to someone else.