(Second) Marriage to a non-EEU citizen

[jwill55]

Hi all,

I am a non EEU citizen (Turkish), who was married to a French citizen in London on 23.04.2006. We have lived in London together until 15.08.2009, which was the date of our divorce. My ex-husband has resided in the U.K. throughout this whole time and still does. I have been working full time in London for the last three years and just got engaged to an American citizen about a month ago; i.e. 02.04.2010. I am planning to apply for indefinite leave to remain on 23.04.2011. In the meantime, my fiance wants to come to the UK and we would like to start our life together as a married couple. We are planning to get married this summer. My question is whether or not my fiance can come to the U.K. immediately following our wedding this summer under my sponsorship even before I obtain my indefinite leave to remain.

I would appreciate any help I can get.

Thanks!

[Wanderer]

Whoa! Not so fast! You need to establish urself wrt EEA rights first!

1. Are u divorced?

2. Have u been married to the EU cit for three years, one in UK?

3. ILR is not relevant to you.

Basically u need to prove ur right to remain here under EU rules and you will most likely need the co-op of ur ex for that. Have you done anything about that in the interim?

[jwill55]

Hey Wanderer,

here are the answers to your questions:

1. Yes, like I indicated in the original post, I am divorced as of 15.08.2009 after having been married and lived together with an EEU citizen in London for about 40 months.

2. Yes, I have been married to and lived together with an EU citizen (French) for about 40 months, all of it in London.

3. I was informed by a lawyer I met with about six months ago that ILR was relevant to me for two reasons: a) five years legally in the UK, b) having been married and lived together with an EU citizen for at least three years.

My ex-husband is willing to provide me with the documents to prove our marriage and living together for over three years and him having lived in London throughout this whole time.

Thanks!

[86ti]

3. I was informed by a lawyer I met with about six months ago that ILR was relevant to me for two reasons: a) five years legally in the UK, b) having been married and lived together with an EU citizen for at least three years.

The technical term is still 'permanent residence' and not ILR, see http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/ .