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I came to UK 4 years ago as a student with my wife, after two

years of study we both...
I came to UK 4 years ago as a student with my wife, after two years of study we both got PSW (tier 2) visa for two years but right after we came here our relationship soured and we start to live separate and since I was alone I fall in love with a girl from EU who is living in UK, now I am living together with my European girlfriend and the divorce case with the wife is still on court, my visa is going to finish in 8 days but I don't wanna leave my girlfriend and her daughter whom I love more than the world. Obviously, I can't marry because I haven't got divorce paper yet and can't apply for unmarried partner as well since we are not living together for two years. So, what would be suitable wayout for me to stay in UK?
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5/22/2013
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2,458
Experience: I am a qualified solicitor and an expert in UK law.
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Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

What evidence do you have in respect of the divorce being processed?

Kind regards
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Customer reply replied 4 years ago
I have a letter from the court saying that my wife filed a case against me for a divorce and asked for my presence since I am in the UK and the case is filed in Nepal, I couldn't attend and all the processes have been delayed
Thank you for your reply.

In this case you would need to apply for an unmarried partner of an eea national. You would need to show you are in a durable relationship which your eea national partner.

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a durable relationship with the EEA national. The immigration officer will have to consider factors such as the length of cohabitation, joint finances, whether the couple haS children together to establish whether or not the relationship is durable. Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), immigration officer should be aware that only meeting the extended family member criteria is insufficient. Even where an immigration officer is satisfied that the applicant is in a 'durable' relationship, the immigration officer needs to go on to consider whether 'in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit' (Regulation 12(2)(c).

In addition you would also need to meet the following requirements and you would need to show you also qualify as an extended family member:

Extended family members are more distant family members of the EEA national or of his/her spouse/civil partner who can demonstrate that they are dependent. Partners, where there is no civil partnership, who can show that they are in a 'durable relationship' are also considered to be extended family members. 

Extended family member of an EEA national are defined in regulation 8 of the EEA Regulations.

An applicant may be considered for an EEA family permit as an extended family member if they are:

residing in a country other than the UK and are dependent on the EEA national or are a member of the EEA national's household; and
accompanying the EEA national to the UK or wishing to join them there.
If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:

a relative of the EEA national or his spouse / civil partner and on serious health grounds, strictly require the personal care of the EEA national or their spouse/ civil partner; or

a relative of the EEA national and would meet the requirements, (other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative of the EEA national were the EEA national present and settled in the UK; or

a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.  

Where the applicant can show that he / she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:

where refusing the family member would not prevent the EEA national from exercising his / her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;

if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;

maintenance and accommodation requirements aren't met, for example, the non-EEA national's admittance would result in recourse to public funds.
Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK. This is because the EEA national could continue to provide financial support to the applicant from the UK.

You may therefore apply using form EEA2 as you are a non eea national please see the following link :

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

When you apply you will be given a certificate of application allowing you to undertake employment for 6 months until a decision on your application is made.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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Customer reply replied 4 years ago
one more thing I would like to add, I have already consulted the local council for the intent of marriage and gave the notice period but before booking the date of marriage, I would have to submit the divorce paper. does that council paper help me as a proof of durable relationship with my girlfriend? shall I add that paper in my application?
What happens if my application rejected, will I be barred to come back to UK in any other visa i.e. student. because all I want is I don't wanna be illegal in UK and if there is no way I would go back, get divorce paper and come back as a student. So, kindly let me know would this application that u suggested hamper my future immigration status? because in a month or two when I get my divorce paper, I would easily get married to my girlfriend and apply for residency. so please suggest what should I do at the moment, answer will be appreciated but need an honest answer, either way I will give a good rating for your response, thanks
Thank you for your reply. I apologise for the delay in reverting back to you.

1. The council paper will not help you, what you really want is a letter from the court in your home country that a divorce proceedings have been issued or an affidavit from your partner that you have issued divorce proceedings.

2. There is nothing preventing you from returning to the UK if you submit an application as an unmarried partner of an eea national and then subsequently its refused. You may return to the UK if you application is refused.

3. What you can do for now is submit an application under the eea regulations as an unmarried partner, then if you receive your divorce papers before your application is decide what you can do is submit this as part of your application after (quoting your reference number etc) and asking them to treat the application and an family member of an eea national and not as an unmarried partner. This would be your best option.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2,458
Experience: I am a qualified solicitor and an expert in UK law.
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Customer reply replied 4 years ago
I would like to ask one more thing if u would help me as before, but this is regarding the same case so just adding one more question. I came to know from various sources that we can apply for the visa within 28 days from the date of visa expiry and that would not considered illegal, if that is true I can get married and apply as a family member of EEA national and my case would be stronger. What should I do, please advise, thank u. Appreciate ur help.
Thank you for your reply.

There is nothing preventing you from applying as a family member of an eea national within 28 days after the expiry of the current visa.

Kind regards
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