Please Help if u Can

[bach48]

hi
can you please help with a slight complicated case:
i bc married in uk back back in 2007 split up in about 2009 not officially in 2011 i got married again in my native country outside eu while iam married to my non eu wife i contacted my uk wife and we filled a divorce however the divorce has lapsed the new marriage as you can see .
did not bother me much back then now i done a siringer sing route with my wife in another eu country with 2 british children we applied for the mother for resident card under suringer singh refused on the basis of the marriage is invalid titled you are not free to mary in 2011 altough submited the divorce certificat to appeal court and now that also refused .
is there any way can this be rectified any input will realy help many thanks.

[Casa]

Your post is very difficult to read in one long paragraph without any punctuation.

If you re-married before your divorce to your first wife was finalised, then the refusal is correct as your second married is not recognised under British law.

[bach48]

Your post is very difficult to read in one long paragraph without any punctuation.

If you re-married before your divorce to your first wife was finalised, then the refusal is correct as your second married is not recognised under British law.

yes that what ho said .
can i reaplly un non married , or do i have to divorce and remarry is driving us nuts with worry now. pz help i can c a way out.

[Wanderer]

Think you'll have to start again from zero but I must admit your initial post is unclear....

[bach48]

Think you'll have to start again from zero but I must admit your initial post is unclear....

can you explain from zero pz.
you mean remarry ? here?

[Casa]

Unless the Home Office lose their appeal against the court judgement in 2014, unmarried partners remain unable to obtain residence through the Surinder Singh route.

You'll have to marry legally and then re-submit your application. No guarantee that an application under Surinder Singh will be successful in the circumstances.

[bach48]

Unless the Home Office lose their appeal against the court judgement in 2014, unmarried partners remain unable to obtain residence through the Surinder Singh route.

You'll have to marry legally and then re-submit your application. No guarantee that an application under Surinder Singh will be successful in the circumstances.

thank you , i doubt either derivative rights as we share responsibilities at the moment however iam full time carer of a close disabled relative i could argue i cannot be in both places as carrer if that make any different.
if the above is no go.
remarry in the u.k hopefully the border agency wont be waiting for us there but we may pass this by appeal any way for to get that extra time .

[noajthan]

Its quite ironic that you had a long and convoluted fight with Maltese authorities and even involved Solvit over Schengen visa:
http://www.immigrationboards.com/europe ... l#p1204550

All you had to do was prove ids and a valid relationship.
Sadly its the misuse of SS that has driven the UK's fanatical crackdown to the detriment of all.

All your previous efforts on SS route are probably lost as you must have entered the host country with what was an invalid marriage certificate.

There's also the question of entering a new relationship and sponsoring a family member under EEA Regulations whilst in a previous relationship. You would have to prove the old one was not subsisting.

Not all countries entertain unmarried partners and as you weren't claiming to be such you are hardly likely to have complied with any local requirements for unmarried partners.

As you have now declared your hand in UK (and have several previous UK visa refusals in your history), any new attempt at SS may fail due to recent tighter rules UK has just brought in on SS.

You cannot sponsor new partner on EU route in UK as you won't be recognised as an EEA citizen (by having botched SS).

There is now no time to acquire PR in the 'normal way' even if everything was above board.
Its not clear where you go from here.

[secret.simon]

In which country did you contract your second marriage? If it was Tunisia, it seems that polygamy is illegal even in Tunisia and so, as your marriage would not be recognised even in the country it was contracted in, it would not be recognised by any EU country.

I'd say that you have made your bed so well and truly that there is practically no chance of bringing your wife to the UK. You may want to spend the £10 and apply for an SAR on the Home Office to read the comments the caseworkers have written on your files.

You can of course apply for your wife to live with you in any EEA country other than the UK as a "durable partner". But durable partners are EFMs and their rights to reside with you are not automatic, but only at the facilitation of the EEA country.

I'd say your best bet is to return to Malta with your wife and stay there for her to get Maltese PR and eventually citizenship. That way, at least she will have EU citizenship past Brexit.

[noajthan]

From Malta gov...

Admission to Malta, through the external borders of the Schengen area, is only permitted to third-country nationals who:
...
have not been prohibited to enter through an alert on the Schengen Information System; and
...
If any one of the aforementioned conditions are not met, the third-country national may be denied entry by the border authorities even if in possession of a valid entry or transit visa.

So if invalid marriage makes it back via SIS then even Malta may be off limits.

[bach48]

Admission to Malta, through the external borders of the Schengen area, is only permitted to third-country nationals who:
...
have not been prohibited to enter through an alert on the Schengen Information System; and
...
If any one of the aforementioned conditions are not met, the third-country national may be denied entry by the border authorities even if in possession of a valid entry or transit visa.

So if invalid marriage makes it back via SIS then Malta may be off limits.

just to mention why malta will be intrested in the marriage cert date my wife already hold article10 card for 5 years any way so visa not required in any eu country , i think remarry again in u.k will be a good option or reapplay as unmarried partner since i hold good proofs of living together since 2011 and have 2children together .

[noajthan]

A RC is not a visa.
The point is the card was obtained under false pretences on basis of an invalid marriage;
likely to be flagged in SIS used by border control (yes border control) across EU.

A marriage in UK involving non-EEA needs permission and its unclear on what basis wife remains in UK.

[secret.simon]

The Article 10 Residence Card does not grant any rights of its own. It merely certifies that your wife is the family member of an EEA citizen.

But if the marriage is not recognised by any EEA country, that means that your wife is not a family member of an EEA citizen and therefore the Article 10 Residence Card is invalid and/or can be ignored, as the underlying condition (of being married to an EEA citizen) is not and has never (from the viewpoint of the law) been true.

Where is your wife at the moment? Of which country does she have the Article 10 Residence Card?

[bach48]

is easy to judge people any way. you may also finish off and say people make mistake like me should get shot . any way if you can help please input otherwise just leave it to people may have humman feeling and will advise.
my question :
i contacted a lawyer (fairly high fees)
option 1 . reapplay ss route fresh application as unmaried partners with 2 british kids (i got good 4 years proofs) .
option 2 . she did mention unmaried partners human right or something similar like this.

can you please please advise if these options have any chance or even possible.
many thanks in advance

[ohara]

Nobody is saying you should be shot

Just because the advice you have been given is not what you want to hear, does not mean it is not good advice. You have made a mess of your situation and nobody here can sort that out for you.

[vinny]

option 1 . reapplay ss route fresh application as unmaried partners with 2 british kids (i got good 4 years proofs) .

The UKVI maintains that the SS route does not apply to unmarried partners.

[bach48]

Nobody is saying you should be shot

Just because the advice you have been given is not what you want to hear, does not mean it is not good advice. You have made a mess of your situation and nobody here can sort that out for you.

good or bad news advise is good and iam happy even if bad advise but if you look closer half is judging and not advising.

[bach48]

option 1 . reapplay ss route fresh application as unmaried partners with 2 british kids (i got good 4 years proofs) .

The UKVI maintains that the SS route does not apply to unmarried partners.

what about extended family member ?
thanks

[bach48]

iam even considring going back to country of origin.
and applay as unmaried partners visa .
as remarry over there take years is not easy need divorce and this take a year at least and then remarry so this is no way.
i have option maybe remarry here in u.k if possible.

[vinny]

option 1 . reapplay ss route fresh application as unmaried partners with 2 british kids (i got good 4 years proofs) .

The UKVI maintains that the SS route does not apply to unmarried partners.

what about extended family member ?
thanks

An Unmarried partner is an extended family member.

[bach48]

An Unmarried partner is an extended family member.

than you vinny
will it be possible to re-apply via the same ss route as extended family member.

[vinny]

They will probably refuse.

The UKVI maintains that the SS route does not apply to unmarried partners.

[Casa]

Unless the Home Office lose their appeal against the court judgement in 2014, unmarried partners remain unable to obtain residence through the Surinder Singh route.

You'll have to marry legally and then re-submit your application. No guarantee that an application under Surinder Singh will be successful in the circumstances.

I agree with Vinny and stand by my previous advice above.

[noajthan]

Yep, a grey area before (in original EEA Regs 2006) and what with various case law (Cain 2013) but the UK position is now clearly encapsulated in Regulation 9.

9] (4) This regulation does not apply—

(a) where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which F would otherwise be subject (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

(b) to a person who is only eligible to be treated as a family member as a result of regulation 7(3) (extended family members treated as family members).