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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am non-Eu national of EU ex-spouse, i have retaining rights

Customer Question

I am non-Eu national of EU ex-spouse, i have retaining rights of residence in UK, Question is, Am I free to get married now? If i get married non-EU and Non-British national spouse, how will i be able to bring her on spouse visa?
I am going to get married in Abroad and then wants to bring my wife in UK
What will be the visa form and what's eligibility?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you now divorced your ex-spouse?

I presume the divorce proceeded in the UK, so have you therefore received your decree absolute?

Tom
Customer: replied 1 year ago.

My Absolute decree is been already received.


 

Expert:  Thomas replied 1 year ago.
Okay.

How long has it been since you entered the UK as a non-EEA spouse of an EEA national?

Have you applied for or obtained Permanent Residence?

Tom
Customer: replied 1 year ago.

I entered in UK by 2007 on student, then moved to PSW and then switch to EU residence card.


 


I got married with EU national by February 2010


Divorce absolute decree received by August 2013


since marriage date to now, i have completed my 3 years, 8 months


my EU residence card is valid till 2016


 


I have applied for Retaining Rights of residence by September 2013 and hoping to get my Retaining rights very soon.


I have sent completed file with absolute divorce decree, marriage date to till now treaty rights of my X etc etc..


 


After receiving my Retaining rights, i am going abroad to get married, then how will i be able to bring her on my spouse visa?


 


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The difficulty is that you remain a non-EEA national for the purpose of the immigration rules. The fact that you have retained your treaty rights does not change that.

So, your fiancé cannot apply for a family permit as the non-EEA spouse of an EEA national because you are not an EEA national.

You are exercising treaty rights here because you have applied for and obtained a retention of them. This does not mean that you are “settled” in the UK.

In order to be settled in the UK you must obtained “Permanent Residence” under the EEA rules, which you can still do even though you have retained your rights of residence and are no longer married to an EEA national.

However, in order to qualify for Permanent Residence you must have had a contiuous period of residence under the EEA rules for a period of 5 years;:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

However, because you only married in February 2010 you will not be able to apply for this until 2015. Once you have it your wife can apply for a spouse visa subject to you meeting the eligibility criteria:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

Until that time the only way that I could see that she might be able to come here would be an application outside of the immigration rules and for that you would need to instruct a solicitor to act on your behalf.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Thanks Tom I understand it and i am satisfied from your answers.


 


just little confusions.


 


But once divorce is approved, i am free to get married, how can i not bring my wife in UK then?


If she can't come on my spouse, how will she be able to come?


I really will have to wait next 2 years then :(


 


 

Expert:  Thomas replied 1 year ago.
Hi,

You are free to marry your spouse outside of the UK, but the point I made above is that you are effectively in "limbo" because you are still not regarded as being "settled" in the UK until you have obtained Permanent Residence.

There is no category for people in your position. Therefore, the only way that she can apply is when you have obtained ILR in 2015 OR by attempting to make an application outside of the immigration rules. For an application on a discretionary basis outside of the rules you would need to instruct a solicitor and be prepared to pay considerable legal fees.

I am very sorry.

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6514
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

just last questions.


 


I applied retaining rights of residence by 10th September 2013,


any idea what's processing time period now a days?


How long do i need to wait more.

Expert:  Thomas replied 1 year ago.
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