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Not sure where you get this from? There is no such rule.The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.
There have been cases whereby after divorce the EU citizen/UK is not able to sponsor another person into the country on the same category until 5 years.
There is no such rule and i have never heard of such cases for eu or uk citizens.
I have personally seen cases of it. I can't tell if it's a law written down but this was the case.CR001 wrote: ↑Sat Jan 06, 2024 7:14 pmThere is no such rule and i have never heard of such cases for eu or uk citizens.
Since you and I are not immigration officers you can not claim someone's case is a lie. Same as a banned person can be unbanned and be issued a visa, then it's also possible someone can be prevented from sponsoring different spouses.Frontier Mole wrote: ↑Sat Jan 06, 2024 7:35 pmThere is no such rule that prevents an individual bringing in another partner/ spouse dependent after a divorce.
So unless Angel99 can quote the law that they “believe” exists then it is safe to assume that is a falsehood.
As there is no details of the case that can be referenced on the face of it or if there are other reasons that led to the 5year halt of any further marriage contract.Angel99 wrote: ↑Sat Jan 06, 2024 7:46 pmSince you and I are not immigration officers you can not claim someone's case is a lie. Same as a banned person can be unbanned and be issued a visa, then it's also possible someone can be prevented from sponsoring different spouses.Frontier Mole wrote: ↑Sat Jan 06, 2024 7:35 pmThere is no such rule that prevents an individual bringing in another partner/ spouse dependent after a divorce.
So unless Angel99 can quote the law that they “believe” exists then it is safe to assume that is a falsehood.
Unfortunately i do not have the case sheet, then i could just upload it here to clear up your thoughts.
As i made it clear i only referenced to those cases because of the 5 years she mentioned.
Frontier Mole wrote: ↑Sat Jan 06, 2024 7:28 pmFirstly inform the Home Office the marriage is no longer subsisting and that will end his right to remain in the UK.
You will be able to bring divorce proceedings in the UK. Talk to a family lawyer. You will need the wedding certificate though. He can’t stop you divorcing him nor can he slow the process too much.
He has told you the 5 years story because at 5 years he can apply for ILR - the quicker you inform the Home Office it will bring his legal stay to an end.
No, he met a lady online who sponsored his student visa application. Lived with her for a 2 years and did a runner. He now met me at work , we dated and he told me his student visa was expiring. He then was advised of a proxy marriage (which I was under impression was like a civil partnership) I foolishly did not do my research 24 and really dumb.Angel99 wrote: ↑Sat Jan 06, 2024 11:16 amHi,
Your story doesn't addup. How did your spouse ex partner bring him into the country and runaway. Then next he is on a student permit which was due to expire. It's not easy for someone to be on a partnership status and change to a low status as a student in EU. It's almost impossible and would take a long time.
Anyway, cheating on you doesn't certify him as a scammer. Infact cheating and divorce rate is very high in Europe.
Coming back to your question, you can request for a copy of your marriage certificate from the immigration office since he sent them a copy when applying for his EU residence card or
You can consult one of the registered and certified Nigerian lawyers/legal consultants to request for a certified copy of your marriage certificate from the registry office on your behalf.
If your marriage was also registered in your country of origin, you can easily get a copy from your own country's registry office.
He is wrong, you are free to remarry after your divorce has been processed. It can take 2 - whatever years. But in some EU countries, it can take months. You can only divorce in your country if the marriage was also re-registered there(marriage certificate changed to your country's one.)
The 5 years thing means you can not bring someone into the country or sponsor the person as a partner or spouse until 5 years.
NeedHelpplease999 wrote: ↑Sun Jan 07, 2024 1:28 amFrontier Mole wrote: ↑Sat Jan 06, 2024 7:28 pmFirstly inform the Home Office the marriage is no longer subsisting and that will end his right to remain in the UK.
You will be able to bring divorce proceedings in the UK. Talk to a family lawyer. You will need the wedding certificate though. He can’t stop you divorcing him nor can he slow the process too much.
He has told you the 5 years story because at 5 years he can apply for ILR - the quicker you inform the Home Office it will bring his legal stay to an end.
Yes, this is exactly his plan.
He said I have to wait until he is eligible to apply which is in 5 years from when he got his pre/settlement. He is begging me that I should wait. But I don't want to be with anymore, and i dont want to put my life on hold for him. He said if i ever loved him i should do it for him else his status will get affected. But he cheated, and we've been seperated since May. He came on a student tier 4 visa, and the sponsor that brought him to the UK contacted me saying he is a scammer and that apparently he has a lot of dodgy paper work. The marriage is registered in Nigeria and he applied for an eea dependant sponsorship i think its called.
How do I divorce him? Do I have to go to Nigeria?![]()
**UK recognises a marriage or civil partnership by proxy as valid if it took place under the law of another country where proxy marriage is lawful.**Frontier Mole wrote: ↑Sun Jan 07, 2024 9:55 amI also suspect you are not officially married in the legal sense. Proxy marriages even in Nigeria are classed as customary and require a formal register wedding to formalise the marriage.
Taken from immigration case law -
Proxy marriages can only be accepted as valid in Nigerian law if conducted under customary law. Where legal requirements prescribe a marriage certificate to be presented, then only a certificate issued under the Marriage Act will be acceptable
I actually believe he is here as an unmarried partner under the EU regulations.
@Frontier Mole In a previous post, the OP mentioned that his Tier 4 Student visa had been sponsored by a woman, who later claimed to have been scammed by him. Student visa applicants don't have sponsors surely? This may be referring to the other woman funding his course fees and not to 'sponsoring' his student visa.Frontier Mole wrote: ↑Sun Jan 07, 2024 2:50 pmhttps://tribuneonlineng.com/validity-of ... f-the-law/ - even in Nigeria proxy marriage is not constituted as official until the Marriage Act requirements are met.
The deciding case of Kareem is still extant and therefore the “marriage” has not been made official - hence my belief he is more than likely to be here as an unmarried partner.
You can register proxy marriages in Nigeria. A legal representative (immediate families) with the required documents from the weds if abroad can register the marriage and receive the certificate.)Frontier Mole wrote: ↑Sun Jan 07, 2024 3:43 pmGiven the circumstances I am disbelieving of most of the background in relation to the entire immigration journey of the Nigerian.
As you state - tier 4 / student visas are not gained through individual sponsorship. The ex partner may well have given him financial support to meet the fees of the course etc.
Based on previous experience and given the timelines outlined he was probably enrolled on a one year course, two years at best. This would have required a huge investment of at least £10k in fees alone plus money in the bank to cover expenses per year.
The usual scenario for this MO is that the female partner is usually an older woman, financially well off and flattered to gain a younger partner in her life. This may not have been the case but it so common.
He either failed the course, was excluded for non payment of fees or simply knew he was going to jump to another visa type.
No surprise there were 1000’s of non EU citizens that suddenly applied for family member status under EUSS. It was easy to do, was free and did not require marriage. I believe the OP was more than likely targeted and he knew what he was doing.
What we don’t know - date of the proxy marriage, date of EUSS application and under what EU status was he granted stay. Only once this information is know are we in any real position to advise the OP.