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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Am was a non EU under tier 4 student and I married to an EEA

Customer Question

Am was a non EU under tier 4 student and I married to an EEA member just one year ago. I applied for residence card last October, the home office invited us an interview, but my spouse refused to attend, and the application was refused. My tier 4 visa has expired this month. I now made an appeal, and we have separated because so many circumstances. What can can I do to gain residence permit in the UK as per my situation?
And what other solutions available for me to gain residence in the UK now?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Why did your spouse not agree to attend the interview?
Are you still with your spouse?
Kind regards
Tom
Customer: replied 1 year ago.
My spouse explained that he was a gay before and don't seem to continue with our marriage, that it is of no use to him anymore.
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I am afraid that if you are no longer in a relationship with your eea national spouse and they are not prepared to support your residence card application then you cannot proceed on the basis of your residence card application.
Unfortunately, you cannot apply for a retention of your treaty rights either because you have not been married the required 3 years.
Basically, this means that you will have to switch to another form of visa. If you are married, then this rules out switching to a visa based on a relationship to another period and I assume that you do not have children.
This leaves you with:-
1. Attempting to re-apply for a student visa: https://www.gov.uk/tier-4-general-visa/apply
2. Tier 2 sponsored skilled worker visa where an employer sponsors you https://www.gov.uk/tier-2-general/overview
3. Tier 1 entrepreneur if you have access to £200, 000.00 for investment in UK business: https://www.gov.uk/tier-1-entrepreneur/overview
4. Tier 1 Exceptional Talent visa https://www.gov.uk/tier-1-entrepreneur/overview
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
I would like to know if I get divorced and find another love here in th UK, will I be able get married here in the UK to British citizen or EE member?
Expert:  Thomas replied 1 year ago.
Hi,
If your divorce your current spouse, then you are free to marry another person, yes.
Until you receive your final divorce decree in the UK (a "decree absolute") you remain legally married and therefore cannot marry.
Kind regards,
Tom
Customer: replied 1 year ago.
If I advorce now so am free to marry to British and marry here in the UK ?
Expert:  Thomas replied 1 year ago.
Hi,
Yes, the right to marry is no longer linked to a person's immigration status because it is deemed contrary to a person's human rights.
Therefore, provided that you can prove your identity and address you will be able to marry.
Kind regards,
Tom
Customer: replied 1 year ago.
If I want to make an application for tier 4 student, will it be possible and legally since my formal tier 4 student visa has expired this month? And must I divorced before I lodge the tier 4 application?
Expert:  Thomas replied 1 year ago.
Hi
Thanks.
Since you married to an eb a national then we should think that you would still be able to apply for tier 4 visa even though your previous visa has expired .
Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 1 year ago.
What documents do I need to use to apply for tier 4 visa inside the UK, as per my status now? And too like the maintenance fees, what exact amount do I need to have now as per my status?
Expert:  Thomas replied 1 year ago.
Hi
It would be the same requirements and documents as when you previously had a tier 4 visa.
Tom
Customer: replied 1 year ago.
If I get married to a British after divorce, will be entitled to apply for residence permit inside the UK under the 5 years route?
Expert:  Thomas replied 1 year ago.
If you marry a UK citizen then you would have to apply for a spouse visa. You would then have to remain in the UK for a further 5 years and then apply for ILR.
I have answered your original question a long tmie ago, please rate my answer.
Tom
Customer: replied 1 year ago.
Can I apply for spouse visa inside the UK as per situation if that is the case?
Expert:  Thomas replied 1 year ago.
Yes.
Customer: replied 1 year ago.
What is the application form for spouse visa inside the UK?
Expert:  Thomas replied 1 year ago.
FLR(M).
Please rate my answer.
Tom
Customer: replied 1 year ago.
So do you mean that I can apply for spouse visa with the FRM form, inspite that my tier 4 visa has expired?
Expert:  Thomas replied 1 year ago.
Hi,
It's not the safest option but if you married immediately after you divorced your EEA national then you might still be okay.
TOm
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
But how long would be safest time to make spouse visa application, after I divorce my EEA national and marry a British?
Expert:  Thomas replied 1 year ago.
Hi,
If you wait for any significant period of time then it would be rejected so you would have to apply pretty soon after
Tom
Customer: replied 1 year ago.
Pretty sooner time like long? Be exact
Expert:  Thomas replied 1 year ago.
With 2-3 weeks

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