Swiching visa from in the UK

[crudevegan]

I would like some advice on switching my visa. I have been living in the UK since 2001. I have been married since Nov 2003 however I am now getting divorced and would like to know if I need to leave the UK to marry my partner or can I switch my visa here in the UK?

I have been seperated from my (ex) husband for 3 years and have been living with my new partner for 2 years.

My husband is from Spain (soon to be ex-husband)
I am South African and my current partner is British.

Any help is much appreciated.

[CR001]

What is your UK immigration history?

What has your Spanish partner being doing the UK for all these years?

[crudevegan]

I have a EEA Family Visa since I've been married (renewed every 5 years). My husband has been in and out of work for all these years (I have been supporting him). I am not able to apply for any new visa while married to him as we have no paper work other than our marriage certificate to prove we have been living together as everything has always been in my name.

[CR001]

Some members have reported success switching to the UK immigration rules FLR(M) visa, others have been refused as on the EEA route, you are on a different path and rules and don't have 'leave to remain under the UK immigration rules' as such but rights under the EU regulations as the spouse of an EU citizen.

FLR(M) will cost you substantially more than the route you are on, with fees going up in April and IHS expected to double later this year.

How far along is the divorce if started already?

[crudevegan]

I have not started the divorce proceedings yet as I have been told should my divorce finalise before my visa expires I will need to leave UK. All my family live in the UK and my parents live in Portugal. Should I return to S.A. I will be alone with my partner until her returns to UK and we start again. However do you think it's better for me to return to S.A. and get married to my partner and then return to UK?