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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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Im here in uk on spouse visa but my marriage broke down because

Resolved Question:

im here in uk on spouse visa but my marriage broke down because of my current relationship last year. Afterwards me and my current partner who is an eu national have been living together and would be getting married as soon as i get my divorce with my ex-wife which is in process . my visa expires soon and im confused about the step i should take to make any further application such as eea family permit . im really in of help and advise at the moment for peace of our mind.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
My ex-wife is british citizen and current partner is an eu national and works here
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.Once you have divorced you will have to apply for an EEA residence card. An EEA family permit is for people outside of the UK who wish to come to the UK. An EEA residence card is for people already in the UK. The residence card can only be applied for once you are married to your EEA partner. It confirms your right of residence in the UK on the basis of your marriage:-https://www.gov.uk/apply-for-a-uk-residence-card/overview It usually takes about 6 months to determine from the date that you submit it. The complication is that your current visa would have been curtailed (terminated) by the home office if they had found out about your breakdown of marriage. This would mean that you would have to leave the UK in order to apply from outside the UK for a family permit.If your current visa has not been curtailed then you can attempt to apply for a residence card from within the UK once you are remarried but you will have to argue that the home office should consider your residence card application because it would be unreasonable and disproportionate to require you to leave the UK to apply for a family permit. 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
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.Once you have divorced you will have to apply for an EEA residence card. An EEA family permit is for people outside of the UK who wish to come to the UK. An EEA residence card is for people already in the UK. The residence card can only be applied for once you are married to your EEA partner. It confirms your right of residence in the UK on the basis of your marriage:-https://www.gov.uk/apply-for-a-uk-residence-card/overview It usually takes about 6 months to determine from the date that you submit it. The complication is that your current visa would have been curtailed (terminated) by the home office if they had found out about your breakdown of marriage. This would mean that you would have to leave the UK in order to apply from outside the UK for a family permit.If your current visa has not been curtailed then you can attempt to apply for a residence card from within the UK once you are remarried but you will have to argue that the home office should consider your residence card application because it would be unreasonable and disproportionate to require you to leave the UK to apply for a family permit. 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
Expert:  Thomas replied 1 year ago.
Hi, I cannot give you a telephone call unfortunately. Please request any clarifications on this thread and I will assist, or otherwise leave feedback.Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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