ILR querry

[martin2018]

hello everyone, I have heard so much about how great this forum has being helpful to people and I urgently need help now.
I have 5yrs through EU spouse but divorced now.I put in my ILR over a year ago but got a reply last week that there are discrepancies in the documents my ex gave me to process my ILR and that I should proceed to court in 4 weeks time to defend it by which the letter to work given to me would have expired.I have no contact with my ex anymore as I now have a partner who is British and we are expecting a baby ready to get married assuming the ILR went well.
I have being on this journey of regularising my papers for 10years now.
I beg this intelligent forum to kindly come to my aid as the person that recommended you to me sworn by your wisdom and helpfulness.
what do I do?
go through my new partner and abandon the ILR route or do I still have hope with it?
thank you all in advance

[CR001]

On what basis have you applied for ILR?? Is it 10 years long residence?

What documents of your ex did you provide?

[martin2018]

On what basis have you applied for ILR?? Is it 10 years long residence?

What documents of your ex did you provide?

thanks for the prompt response
I came into the UK with a student visa then changed to EU spouse of 5yrs residency after which I applied for my ILR.
her work history is the bone of contention.
it says * we have reason to believe your sponsor's identity has being compromised * they want me to bring her to clarify or come with evidence to prove the payslip for history of employment is truly hers.
Lawyer said I should just abandon it since I have a British wife now that I won't be given the ILR based on a compromised identity. but how can I abandon it and start on a two and half route again.

[CR001]

I came into the UK with a student visa then changed to EU spouse of 5yrs residency after which I applied for my ILR.

Have you applied for ILR based on 10 years long residence or PR based on 5 years EEA route?

You will likely have to apply on FLR(M) for a spouse visa and start a new 5 year route to ILR (2 x 2.5 year visas) and meet all the requirements.

[martin2018]

I came into the UK with a student visa then changed to EU spouse of 5yrs residency after which I applied for my ILR.

Have you applied for ILR based on 10 years long residence or PR based on 5 years EEA route?

You will likely have to apply on FLR(M) for a spouse visa and start a new 5 year route to ILR (2 x 2.5 year visas) and meet all the requirements.

thanks,
I applied for PR based on EEA 5year route.

thats what Lawyer said too *new route to ILR* I thought I might get different opinion in here.
My fear is am not yet legally married to my new partner and the registry said they have to take approval from the home office before I can be allowed to get married.i feel it won't be approved. .

[CR001]

What 'new route to ILR' is the solicitor saying you must apply for, which form?

[martin2018]

What 'new route to ILR' is the solicitor saying you must apply for, which form?

thanks

he wants me to start a new application on *UK spouse visa* the two and half year route (getting married to my partner)

[vinny]

This implies that you apply for a spouse visa from outside the UK. But you don't have a British wife if you are not married to her.

You have no leave under the UK Immigration rules. You cannot apply under the five year route from within the UK because they haven't confirmed your status under the EEA regulations. However, if they do confirm your status, then you should get PR anyway.

[martin2018]

This implies that you apply for a spouse visa from outside the UK. But you don't have a British wife if you are not married to her.

You have no leave under the UK Immigration rules. You cannot apply under the five year route from within the UK because they haven't confirmed your status under the EEA regulations. However, if they do confirm your status, then you should get PR anyway.

.

thank u very for your analysis and response.
that's what am afraid from too.
I wish I know a better way to go about this without being asked to go home.

[martin2018]

I forgot to mention that myself and my partner are expecting a baby due in May.
and Lawyer thinks I still have a right to marry(which I don't believe as am statusless) since I haven't being denied yet until d court sitting day.
my right to work has not yet being withdrawn too but it expires in weeks time.
so what do you advice I do?
I can't go back to outside UK to apply
I m just confused.