Seeking Divorce after marriage of convenience

[Sekera]

Guys I need your option on this issue.

3 Years ago me and my girlfriend went into a marriage of convenience, no sooner we went our separate ways but remained friends and still see each other. she is the EEA national and I am non EEA.

No sooner, I also met the love of my life following separation from my girlfriend and we have been planning our entire future together to the point of marriage. practically her family is now my family too and she too is from EEA and our life is full of happy and full of great commitment.

Currently my ex girlfriend is asking for divorce which seem fair enough to the both of us, my question is me and my fiancee now are keen to settle into our own marital life and she is not willing to wait longer.

Is is best file the divorce with my ex whom i had the marriage of convenience with, so me and my current partner can take our own marital vows, pls note that as I write the visa issued previously was via marriage to my ex and it is what i currently hold but will expire in 2020.

Honest opinion require, please contribute as best as you may know.

Annalyn & Shess

[Obie]

So essentially the last marriage was a sham, if that is the case please confirm. If it was then there really was no marriage, especially if the marriage was not consummated. The best course is an annulment.

But if by your own admission, your marriage was a sham, you should prepare for a bit of fight with UKVI as it is unlawful to engage in a sham marriage as opposed to a Marriage of convenience, which in some circumstances can be legal.

[Sekera]

It is not sham, we got married

So essentially the last marriage was a sham, if that is the case please confirm. If it was then there really was no marriage, especially if the marriage was not consummated. The best course is an annulment.

But if by your own admission, your marriage was a sham, you should prepare for a bit of fight with UKVI as it is unlawful to engage in a sham marriage as opposed to a Marriage of convenience, which in some circumstances can be legal.

The marriage was not a sham, you may have misunderstood my use of the word convenience, we lived together for 2 years as couple, (there was sex and also a 4 months lost pregnancy) husband and wife for two years before we realize that its not working and separated agreeably.

my question really is on the issue of divorce and getting remarried, the key concern being my future second wife is also an EEA citizen and i will probably end up applying for EEA a second time. a sham marriage is when you pay money or coerced someone into marrying you to get a visa and this is obviously not how i got married.

[Casa]

3 Years ago me and my girlfriend went into a marriage of convenience, no sooner we went our separate ways but remained friends and still see each other.

Your opening post has caused confusion. It appeared that you separated soon after marrying, not that as you now mention that you were in a genuine relationship for 2 years.

[Sekera]

3 Years ago me and my girlfriend went into a marriage of convenience, no sooner we went our separate ways but remained friends and still see each other.

Your opening post has caused confusion. It appeared that you separated soon after marrying, not that as you now mention that you were in a genuine relationship for 2 years.

Sorry but i find 2 years quiet a short time for my wife to want to separate from me, not to sound like a simple minded person but am from a different culture and grew up without an understanding of these dilemma that comes with foreign marriages.

[Obie]

You can divorce and possibly retain a right of residence as your residence card only depends on your wife living and exercising treaty rights in the UK.

[Sekera]

You can divorce and possibly retain a right of residence as your residence card only depends on your wife living and exercising treaty rights in the UK.

I need clarification on one final thing, in the event that we got divorce and I did not apply for a ''retained right''

1) does that mean that my current Visa automatically becomes invalid before October 2019 or i can still use for work and other purpose.?

[Wise]

Divorce your ex-wife as soon as possible and reapply with the new wife. But make sure you keep your ex-wife treaty right up till your divorce date and also all your relationship papers work before you apply for new RC.

The beauty side is that, whenever your new RC is granted, just count the remaining year to make it complete five years under the regulation and apply for your PR as you don't need to finish the second RC.



Good luck.

[Sekera]

Divorce your ex-wife as soon as possible and reapply with the new wife. But make sure you keep your ex-wife treaty right up till your divorce date and also all your relationship papers work before you apply for new RC.

The beauty side is that, whenever your new RC is granted, just count the remaining year to make it complete five years under the regulation and apply for your PR as you don't need to finish the second RC.

Good luck.

thank you for your response but will it be okay to get married with the Visa/RC that I currently have to my new wife because the Visa was obviously issued with my ex wife as my sponsor?

[Sekera]

Divorce your ex-wife as soon as possible and reapply with the new wife. But make sure you keep your ex-wife treaty right up till your divorce date and also all your relationship papers work before you apply for new RC.

The beauty side is that, whenever your new RC is granted, just count the remaining year to make it complete five years under the regulation and apply for your PR as you don't need to finish the second RC.

Good luck.
[/quote]


thank you for your response but once I divorce my ex wife Asap, the point being i'll still be on the same RC from the marriage and is it okay to get married with the Visa/RC that I currently have to my new wife because the Visa was obviously issued with my ex wife as my sponsor?

Thank you

[Wise]

As you have pointed out earlier that your marriage is over 3yrs, you have an automatic retained right provided your wife is exercising her treaty right correctly up till divorce and it doesn't change unless your are not working afterwards, then you lose it.

My concern is, did you have evidence of your relationship with the new wife if HO raise eyebrow when you request for marriage permission?Because it doesn't make sense to divorce today and next day intend to marry again. Don't forget, genunity is the key that you need. Again you can re marry anytime if it's real at anytime.