Can someone please help....

[A1980]

Hi All

I am new to this board so please excuse me if i make any mistakes.

I am currently living in london on a student dependant visa. I have been living in UK since 2000. I have always been working. I got married in 2003 & eventually became a dependant on my spouse who is non eu. However our marriage broke down earlier this year. I met someone else & have decided to get married in November 2008.

My problem is as to how can I change my status to EU dependant without breaking any law. I am in permanent employment at the moment.

Your help would be very much appreciated.

[sakura]

Are you currently divorced from your first spouse? If so, then your leave to remain might have been curtailed. If you are currently separated, I am not so sure about whether or not you have leave to remain (maybe someone else can clarify).

Have you been living with your EU partner? If so, for how long?

[A1980]

Thanks for the reply.

I am separated & not yet divorced. I am currently living with my EU partner & have been doing so for the past few months. My current visa expires in March 2009.

[Administrator]

.

Please be careful.

You are currently residing in th UK as the spouse of someone else who has the right to stay in th UK based upon employment.

You are no longer in a relationship with your legal spouse.

Therefore, you are already violating the conditions of your visa. The moment you became separated, your visa became invalid. It is not valid until March 2009; it has already expired due to the change in your marriage status.

It is your obligation to report the change in your marriage status. Just because you have not reported this change does not mean you are in the UK legally at this time.

Technically, you are already an overstayer.

You need to plan and take action very carefully. Make sure your documentation is in very careful order. If it becomes apparent during the process of applying for future visas that there was a violation of the conditions of your spouse visa, your future applications can be summarily denied.



The trick you need to pull off now is to:

1) get divorced

2) make sure that divorce and your visa conditions all agree as far as documentation goes

3) get a new visa to come back in


Since you are legally employed (?) at this time, will your employer sponsor you for a work permit?

That is one possibility. If you can come back in under a work permit (or possibly change your status from spouse to another visa type), then you can remarry later and change your status again if you wish.

That's pretty complicated for many reasons.

If you intend to remain in the UK permanently, you need to plan this VERY carefully or you will not get credit for all the legal time you have already spent in the UK.


Think carefully about your situation. You may have to plan on leaving the UK for a time. It may only be a few days, or it could be several months.

At some point you will have to cancel your current spouse visa. What will be the basis for you to remain in the UK when you do that?


One problem with attempting to switch directly from one spouse visa to the another spouse visa: the visa can be denied because you will have no proof of a "real" relationship. The new marriage can (probably will) be seen as a marriage of convenience and the application can be denied on those grounds.

Think it through for a minute. How will you prove that you have a substantive relationship with your new spouse during the time you are still married to your old spouse?

That relationship with your new spouse cannot have any documentation during the time period prior to the date you divorce your current spouse.

the Admin

[A1980]

Thank you once again.

I am planning to get married in Greece as my spouce is Greek. CAn i apply for spouse visa from there?

[Administrator]

.

Thank you once again.

I am planning to get married in Greece as my spouce is Greek. CAn i apply for spouse visa from there?

Well, the answer is, yes, you can. The question is how.

Actually, the fact that you're getting married in Greece (another EU country) to an EU citizen will simplify your situation dramatically.

Not to say it will be easy ... but you're in a better situation than I imagined from your initial post.

Find out the requirements for obtaining a spouse visa in Greece. Get married in Greece, get your spouse visa there, then you have rights to travel, reside and work in the UK (ANY EU nation!) without further legal issues.

You will not need a UK spouse visa; you will be in the UK by EU treaty.

SEE: -> Europe immigration forum -> Directive 2004/38/EC thread

Your most difficult task at hand is to make sure all the dates and times match up correctly so that you don't end married to two people at the same time (doesn't seem likely with you) ... but also that your co-habitation and various proofs of your relationship with your new husband don't overlap with your previous marriage.

the Admin

[A1980]

Would i be able to apply for EEA family permit after the wedding from Greece?

Thank you administrator

[A1980]

Would i be able to apply for EEA family permit after the wedding from Greece?

Thank you administrator

[A1980]

I was wondering can guide me. Continuing from my earlier post, i am now in Greece on Schenzgen visa for 2 weeks to get married. Should I be appllying for Family permit visa & what is the procedure & documents required. I am getting conflicting information. Asny help would be appreciated.

[scorpiolady]

(quote) You are no longer in a relationship with your legal spouse.

Therefore, you are already violating the conditions of your visa. The moment you became separated, your visa became invalid. It is not valid until March 2009; it has already expired due to the change in your marriage status. (quote)

I thought the visa is valid until the divorce comes through?