status after divorce from an EEA national b4 3 yrs marriage

[jst4u_m]

Hi,
Hope all are doing well.
I came to UK in Jan 2011 as a student and got married to an EEA national in May 2012, and got residence permit an Dec 2013, now i am having problems to continue the relationship and i want divorce. Since its not been 3 years, what would be my status after divorce? or Shall i wait for 3 years to complete?
Other thing, if i will get married to another girl in another country before giving divorce here in UK, would i be able to sponsor my second wife to come to uk after giving divorce?
Kind regards

[fatimahh]

As far as i could understand by reading and learning from this forum, unless there is a child involved you will loose your right to stay in the UK if you initiate divorce before 3 years of marriage. Second things how can you marry someone else before being divorce . No country allows that my friend.

[Casa]

Well some do under Shariah law for example, but not in the UK. The second marriage wouldn't be recognised under UK law and therefore a spouse visa application would fail.

[fatimahh]

That is true @Casa Shariah do allow but what i meant was none of the countries of the European Union!!! or shall i say western countries do not allow Bigami, it is a crime considering that this is where op would like to settle after divorce

[jst4u_m]

thanks for the replies,
First question is clear, now what if i apply for spouse visa for my second wife after divorce? i mean, if i will do second marriage before three years but apply for the spouse visa after divorce?
Kind regards

[Wanderer]

thanks for the replies,
First question is clear, now what if i apply for spouse visa for my second wife after divorce? i mean, if i will do second marriage before three years but apply for the spouse visa after divorce?
Kind regards

The second marriage will not be recognised as you are not free to marry.

[Casa]

Wanderer, I believe he's saying he will divorce before applying for the spouse visa.

[fatimahh]

[quote="jst4u_m"]thanks for the replies,
First question is clear, now what if i apply for spouse visa for my second wife after divorce? i mean, if i will do second marriage before three years but apply for the spouse visa after divorce?
Kind regards[/quote]
My understanding is that OP do not want to delay oficial marriage with non EEA thus would like to do it now and then hold the mariage certificate until he complete 3 years of marriage, get divorce apply for Retention of Right of residence and once ROR granted apply for spouse visa via uk route.
jst4u_m please do not play with fire!! if you are 100% sure you would like to divorce your EEA wife, note that she will need to be willing to give you proof that she has been exercising treaty right at the time of divorce. secondly why not wait until you are granted ROR before marrying non EEA, as said before this marriage would not be recognise in the Uk if it is done while you are still married to EEA

[Wanderer]

Wanderer, I believe he's saying he will divorce before applying for the spouse visa.

I read it as marry second wife, then divorce first wife, then apply for spouse visa for second wife.

However having re-read it a few times I now don't know who I am or what my name is....

[jst4u_m]

thanks to all of you for the answers
So, its crystal clear now that i cant marry anyone before the divorce and i should wait for three years for divorce.
Once again a big thanks to all of you.
Kind regards

[sammii1111]

Hi guys I'm really stress n need sum advices regarding my eea2..I'm married aid my EU wife since September 2012 n now she want divorce asap n I just passed 2 years as I have to b wid her a year more but things got change..my question is if I delay even she file court divorce n drag her till 3 years marriage until decree absolute den can I apply for ROR?? Kindly reply guyssssss