Non eu overstayer marrying Irish citizen living in UK

[Tersea]

I think you have to find out whether you will be able to register to marry since you have overstay and will be considered living illegally.

Also I want to ask my personal question and the details are below:
We met in January, 2017 through her friend, she is an EU national from Germany, I am a Non-EU national from Ghana, we talked for awhile throughout the whole of 2017 until we got married somewhere in December,2017 in my country, they authorities didn't ask much documents to register us but she traveled back to U.K. Where she is based and find out that her ex husband who told her that their divorce is final by then, 2 years ago was a lie, and she acted so childish to follow up or verify whether it is true.

Now she is pregnant for me, it has been 5 months since she left so our pregnancy is like 5 to 6 months now.she has no child neither do I, this is our first.

she put my name in the hospital system that I am the father of the children( twins)
My problem is that, can I apply for EEA family permit when her former relationship divorce is over, since the time he lie to her they have been living separately for 3 years now, he has never step foot in UK, he lives in Germany with my wife's best friend as his new girlfriend and they have one child, that was even the reason my wife separated from him after sponsoring him from Africa to Europe and find out about his cheating with her best friend anyway she has processed for the divorce herself and it will soon be over.

Do we have to divorce our marriage in my country and remarry in other for me to apply for EEA family permit or we can proceed with the certificate we have now when her previous divorce is over or can I wait when she born the children then I can apply as parent/carer of EU national minor child? I am so worried and don't want to be away from her especially when she is going through all this pregnancy difficulties.
I will be glad if someone will advise me urgently...

[Casa]

Your post has been split into your own topic from the other member's thread you had tagged your question onto. It not only causes confusion, but is also unfair to the member who opened the thread and is waiting for help on their own immigration issues.

[Tersea]

Sorry I am new here and didn't know how to use the tools like to make a new post and my situation is not even like an overstay I have never been to Europe, I don't know if my post can be move to a new post with a topic based on my case?
Anyway thank you for giving me the guide lines and I promise I will not post my case on someone's question unless I have an answer which will help him.

[seagul]

Divorcing then remarrying is a different situation than the fact that your marriage with EU national won't be considered legal in HO eyes because your EU partner wasn't free to marry. Unfortunately under EU regulations there is no concept of FLR (FP) but there is a route of derivative residence permit where the child has no one else who can look after him which either can't fit in your case. Better to regularise your marriage by first letting your EU partner's divorce be over.

[Tersea]

Thank you Seagul for your urgent response, I think we will wait until her previous marriage divorce is finalized then we can think about ours, we will go by divorcing and remarry.we will explain everything to the officials of the marriage registrar in my country.

One more thing, will HO have problem about when she divorce and when she marry again? I am looking at the time frame from divorce being final and then day of marriage to new husband?

[seagul]

Thank you Seagul for your urgent response, I think we will wait until her previous marriage divorce is finalized then we can think about ours, we will go by divorcing and remarry.we will explain everything to the officials of the marriage registrar in my country.

One more thing, will HO have problem about when she divorce and when she marry again? I am looking at the time frame from divorce being final and then day of marriage to new husband?

HO don't care as how many times a person gets dirovced but only they care that whether the person was free to marry. And if the marriage conducted abroad then it should be legally conducted there to be deemed valid in HO eyes. And a lot countries legally allow polygamy but UK don't.

[Tersea]

Thank you for your prompt response again Seagul,,
Yes the marriage in my country is always done legally and registered in the government.

I have a quick question, if we say that she has never married, will HO get a confirm it from her country that she was married and divorced, one of my friend advice us that we should lie and HO will not know it but I am still not okay with his advice since U.K. is also Europe and they share information so they will definitely confirm her status first before any decision is made.

[Casa]

Thank you for your prompt response again Seagul,,
Yes the marriage in my country is always done legally and registered in the government.

I have a quick question, if we say that she has never married, will HO get a confirm it from her country that she was married and divorced, one of my friend advice us that we should lie and HO will not know it but I am still not okay with his advice since U.K. is also Europe and they share information so they will definitely confirm her status first before any decision is made.

Giving a false statement in a visa application will result in a 10 year ban

[Tersea]

Thank you Casa, I don't even want to do anything unlawful, it's better I am denied and I have grounds to appeal than a ban which you can't do anything.