Re Marrying, And Sponsor On An Eea Permit

[junglejimbo]

husband and wife wants divorce, wife is in uk on EEA permit now and applying for ILR . husband goes back to thailand and re marries say in 2 more years time. can husband then apply again for another EEA permit for his new wife ?

only a thought but i would imagine the ukba would not grant a second eea permit as his last marriage had failed .

maybe im wrong.

[Basil B]

I think you are wrong...

UKBA work to guide lines and I presume previous marriages are not considered unless there is grounds to believe this is a bogus marriage scam.

[7by7]

If wife is in the UK under the EEA rules she cannot apply for ILR. ILR applications come under the UK's immigration rules and if someone entered under the EEA regulations they cannot then switch to the UK ones; even if their partner is a dual UK/EEA national.

After 5 years in the UK she can apply for permanent residence under the EEA regulations. Whether she has PR or not, if the marriage breaks down there is no guarantee she will be allowed to remain; each case is treated on it's own merits.

There is no limit under either the UK immigration rules or the EEA regulations on the number of partners one can sponsor for residence in the UK. Although one will have to show that any previous relationships have indeed ended.

Also, as Basil says, if someone does this too often then there may be doubts about the validity of the marriage(s). The primary purpose rule may have been abolished under UK immigration law, but it's equivalent still exists in the EEA regulations. The burden of proof rests with the ECO, and the level of proof is high; but if the ECO suspects a marriage of convenience then they will interview the applicant and if they can prove their suspicions the EEA family permit will not be issued.

[Eff1n2ret]

After 5 years in the UK she can apply for permanent residence under the EEA regulations. Whether she has PR or not, if the marriage breaks down there is no guarantee she will be allowed to remain; each case is treated on it's own merits.

If the couple have not yet commenced divorce proceedings, and the wife is nearly at the point of applying for PR she probably has a protected right of residence under the EEA Regulations, which confer this if the marriage has lasted for more than three years prior to commencement of divorce proceedings, and they have spent more than one year together in the UK.

- so theoretically the right can be acquired long before applying for PR - if a couple were already married for 2 years before coming to the UK, the Family Member would only have to spend a year with their spouse to qualify in their own right. There is a further stipulation that someone claiming this protected right of residence must effectively have a job or be self-sufficient in some way.