switch from EEA residence card to a spousal visa?

[irakra]

Hi guys,

I was wondering if anybody had a similar situation. I am in the uK at the moment holding EEA residence card, but I got divorced my EU husband a year ago, informed home office, didn't hear from them since then, but i want to get married with my fioncee who is british and we live together, I just don't know whether I should go back to my home country and apply for a fioncee visa or if I could apply for a certificate of approval in the UK and get married here, but I would have to face "retention of rights of residence after divorce woth my ex" which can be very demoralizing. If I do retain my rights, could I switch to a spousal visa? Any ideas are welcome.
thanks.

[John]

About your previous marriage, how long did the two of you live together, before the divorce petition was filed in the Court? Also how much of that time was spent in the UK?

[irakra]

It's all fine, I mean it's been 3 years before petition and 1 in the uk, i donno if HO would let me switch to a spousal visa, from this forum I see even if I go through this tyring process of retention of rights now, at the end of my 5 year period I would have to prove again that my ex was in the uk and so on, I can't wait for two years thinking constantly about doing it again. Just want to get it over with asap.

Thanks.

[jude]

irakra
Whatz up girl? I am gland to heard that you want to get marry with ur new partner. Anyway no need to go back to ur home country. Apply to get marry here with all the right documents for u and ur partner. But know for sure that before HO issue you with the marry certificate, they will want to see that ur X husband was working here at the time of dicorce and if you were working as well, if you sent them this document they will issue you with the certificate then you are free to marry and apply for a new stay. But u may still keep your pervious right if you quailified.
Good luck

[John]

That actually raises an interesting point .... whether a CoA .... Certificate of Approval to Marry .... is actually needed. After all not all non-EEA persons need a CoA.

From the UKBA website :-

The rules on certificate of approval do not apply to you if you:

• are a British citizen; or
• are a national of a country in the European Economic Area (EEA); or
• are the family member of an EEA national and have right of residence in the United Kingdom but are not yourself an EEA national; or
• have in your passport a certificate of entitlement giving you right of abode in the United Kingdom; or
• are not subject to immigration control.

It seems to me that the third bullet point might apply. Other opinions very welcome.

[daisy81]

Hi Irakra - just curious...did you manage to find out more about what you need to do?
I am in a similar situation, will have my divorce finalized in the next few months (me and my ex have been separated for 2 years) and I am living with my new British partner for 1.5 years.
From what I've been told I'm not allowed to switch catagories (EEA route to Immigration route) from within the country. I'm confused

Please let me know if you managed to get any more clarity on the matter, many thanks!