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Hi im a non eea national. I got married to eea national in2005 but divorced in2007 . I came in on FP in 2006. Since then i met my now partner and lived happily together since and have 2 children with eea nationality. We want to get married now, a whats the best way to get residency status? To marry in UK or abroad . Or apply for residency first as im partner of eea national or parent of eea national. We have been together since late 2007. As far as im aware under eu law im allowd to be/travel with my eea family? Currently no visa in passport apart from FP from 2006. Personally think to get out of country and get married then get FP and start fresh. Not ideal situation. All help welcomed

You can apply for a Residence card as an unmarried partner.

It is quite shocking that you left things unresolved for such a long time.

Doesn't sound like you've done anything wrong, but how have you proved your right to reside/work without having a residence card?

Jonno82 wrote:Hi im a non eea national. I got married to eea national in2005 but divorced in2007 . I came in on FP in 2006. Since then i met my now partner and lived happily together since and have 2 children with eea nationality. We want to get married now, a whats the best way to get residency status? To marry in UK or abroad . Or apply for residency first as im partner of eea national or parent of eea national. We have been together since late 2007. As far as im aware under eu law im allowd to be/travel with my eea family? Currently no visa in passport apart from FP from 2006. Personally think to get out of country and get married then get FP and start fresh. Not ideal situation. All help welcomed

HO will be looking for your EFM RC if you have ambitions for permanent residence.
You don't appear to have retained rights from previous marriage, and your original FP has expired, so your PR clock will only start when you obtain an EFM RC with current partner.
Or get married and shoot for optional FM RC.

HO will be looking for your EFM RC if you have ambitions for permanent residence.
You don't appear to have retained rights from previous marriage, and your original FP has expired, so your PR clock will only start when you obtain an EFM RC with current partner.
Or get married and shoot for optional FM RC.[/quote]

I dont have retained rights from previous marriage, can i apply now for EFM RC or risky? I dont want problems and for me and family. Or only once married? Also will i be able to marry in UK or not

Obie wrote:You can apply for a Residence card as an unmarried partner.

It is quite shocking that you left things unresolved for such a long time.

Tell me about it, trying to sort now. Still not sure best route though. Am i alowed to apply now? Dont i need a valid visa? Or as im in relationship with eea partner with children am i ok to apply?

ohara wrote:Doesn't sound like you've done anything wrong, but how have you proved your right to reside/work without having a residence card?

I started my current job whilst family member of first partner.
I never let HO know we broke up as family permit expired. Then met my current partner. Do i still have the same rights even though with differnent partner as she and children is eea. I figured i will reapply for FP when left country but never did . But want to sort now.

Jonno82 wrote:

ohara wrote:Doesn't sound like you've done anything wrong, but how have you proved your right to reside/work without having a residence card?

I started my current job whilst family member of first partner.
I never let HO know we broke up as family permit expired. Then met my current partner. Do i still have the same rights even though with differnent partner as she and children is eea. I figured i will reapply for FP when left country but never did . But want to sort now.

No.
You have not inherited any rights left over from previous wife;
you do not appear to have met requirements to have a retained right of residence.

If unmarried you currently have no right to reside or work or study in UK until you have an EFM RC issued on basis of sponsorship by current partner.
With all this wild talk of Brexit that is not a good place to be.

noajthan wrote:

Jonno82 wrote:

ohara wrote:Doesn't sound like you've done anything wrong, but how have you proved your right to reside/work without having a residence card?

I started my current job whilst family member of first partner.
I never let HO know we broke up as family permit expired. Then met my current partner. Do i still have the same rights even though with differnent partner as she and children is eea. I figured i will reapply for FP when left country but never did . But want to sort now.

No.
You have not inherited any rights left over from previous wife;
you do not appear to have met requirements to have a retained right of residence.

If unmarried you currently have no right to reside or work or study in UK until you have an EFM RC issued on basis of sponsorship by current partner.
With all this wild talk of Brexit that is not a good place to be.

Surely as the parent(family member) of eea national i have the right of free movement under eu law?

Jonno82 wrote:Surely as the parent(family member) of eea national i have the right of free movement under eu law?

That's a bit of a misunderstanding.

You may have derived rights based on an EEA child - you would have to dig into that, its a tricky area; the child has to be selfsufficient and hold health insurance.
Worth noting, such derived rights do not lead to PR.

Derived rights do not come from the free movement Directive.
https://www.gov.uk/derivative-right-residence/overview

For free movement rights you need a sponsor.
If unmarried you need that EFM RC; or else marry and become a FM.

Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf