Familiy member of an EEA to Married to settled in the UK

[M_UK]

Hi all,
I have a complex situation that you -hopefully- can help me clarify.

I go to the UK as the husband of a EEA citizen. After 8 months here I've met another person and I decided to divorce my EEA wife and marry her (we are living together now).
She is settled here, so I want to change my status as a family member of a settled person.
https://www.gov.uk/guidance/immigration ... ly-members
I can't retain my rights after the divorce, since we are not 3 years married.

The best I can do, according to my research, is:
1- quit my job and leave the country as soon as the divorce is done, so I don't break any immigration rule
2- get as much information as possible to show I am living with my new partner
3- marry her abroad and apply for my new visa and then came back

This means I will need to be away from her around 3 months, which is not the ideal situation.
Any ideas?
Thanks!

[Casa]

Hi all,
I have a complex situation that you -hopefully- can help me clarify.

I go to the UK as the husband of a EEA citizen. After 8 months here I've met another person and I decided to divorce my EEA wife and marry her (we are living together now).
She is settled here, so I want to change my status as a family member of a settled person.
https://www.gov.uk/guidance/immigration ... ly-members
I can't retain my rights after the divorce, since we are not 3 years married.

The best I can do, according to my research, is:
1- quit my job and leave the country as soon as the divorce is done, so I don't break any immigration rule YES
2- get as much information as possible to show I am living with my new partner
3- marry her abroad and apply for my new visa and then came back YES

This means I will need to be away from her around 3 months, which is not the ideal situation.
Any ideas?
Thanks!

No.2 won't work as you haven't lived in a relationship 'akin to marriage' to qualify as unmarried partners. In order to marry in the UK you would have to register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately if they choose to do so before the wedding can take place.

Even if you are given permission to marry, you won't be able to switch to a spouse visa under the UK Immigration Rules from within the UK.

Also note that under British law you are unable to divorce until you have been married for 12 months.

[M_UK]

Hi,
thank you for your kind reply.

About No.2 the idea is not to qualify as unmarried partners, but eventually marry and just have that as a back up...I know the HO likes as much info as possible.

>Even if you are given permission to marry, you won't be able to switch to a spouse visa under the UK >Immigration Rules from within the UK.
That is what bothers us...we don't want -logically- be apart for the time it takes them to process the visa.
Guess we'll need to learn to live with that.

>Also note that under British law you are unable to divorce until you have been married for 12 months.
Didn't know that, thanks for the heads up.

Thanks

[Casa]

You should also be aware that if your wife doesn't agree to a divorce you may have to wait until you have been separated for 5 years.

It would be wise to consult a solicitor specialising in family law.