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Discussion Starter · #1 ·
Helo i am citizen of nepal .i get married on 30 april 2013 with lithunian citizen i apply for EEA residence card on 28 July 2013 but unfortunately my residence card was refused due to my wife passport was reported as lost i appeal for that i get date for appeal on 7th July 2014 but due to my health issue i didn't attend my appeal i informed court about this the day before appeal but they dismiss my apeal.
I apply for residence card again on 21 January 2015 with my wife new passport home office call for interview me and my wife on march 2015 but i didn't attend that interview due to my health problem they give me 2nd interview date on march 2015 i unable to attend 2nd time as well due to some misunderstand and bad relationship with my wife home office refused my application saying marriage of convenience in may 2016 i did request for appeal court has give me date for September 2016 but my relationship broken down due to divorce before appeal hearing so i withdraw appeal and apply for retain right of residence in oct 2016 i got COA with full time work got refused retain right of residence on 12 MAy 2017 with right of appeal marriage was one of the convenience and i am unable to provide proof of living together enough with right of appeal.I did appeal and waiting for date from court

On Feb 28 2017 i got married again my new wife has ILR status she earning £18600 and i got SELT test i want change my immigration status from new marrige can anyone advise me i should go back country or i can change from here . :)
 

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You could simply apply for FLR(M) based on your current marriage (just submit new documents with your new marriage certificate, proof of your divorce, and proof of your "genuine" relationship)

But in honesty, if you're still awaiting the outcome of an appeal for a false marriage which broke down and you're already married to someone else, I wouldn't rate your chances very high of having an ECO believe that this new marriage is actually legitimate.
 

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Discussion Starter · #3 ·
Helo clever-octopus
are you sure i can apply from within UK i get advice from couple of IMMIGRATION ADVISORS but all advice me i cannot apply FLR(M) within uk due to my circumstances has to be done from my home country .My divorce was started and finalized in uk on September 2016 .I never been involved in fake marriage but due to not helped by previous spouse when i need i was unable to prove about this to home office untill now and i am waiting hearing date from court i might win at hearing date but i think its gone take over years for hearing date.So if possible i am thinking to aply visa under new marriage withdraw the appeal for retain right of residence after that .
My new marrige was done in uk at Deginated Register office .HOME OFFICE already extend notice of marriage to 70 days investigate and let me marriage after their investigate so do you think still ECO can say new marriage is actually legitimate?
 

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Discussion Starter · #4 ·
You could simply apply for FLR(M) based on your current marriage (just submit new documents with your new marriage certificate, proof of your divorce, and proof of your "genuine" relationship)

But in honesty, if you're still awaiting the outcome of an appeal for a false marriage which broke down and you're already married to someone else, I wouldn't rate your chances very high of having an ECO believe that this new marriage is actually legitimate.
Helo clever-octopus
are you sure i can apply from within UK i get advice from couple of IMMIGRATION ADVISORS but all advice me i cannot apply FLR(M) within uk due to my circumstances has to be done from my home country .My divorce was started and finalized in uk on September 2016 .I never been involved in fake marriage but due to not helped by previous spouse when i need i was unable to prove about this to home office untill now and i am waiting hearing date from court i might win at hearing date but i think its gone take over years for hearing date.So if possible i am thinking to aply visa under new marriage withdraw the appeal for retain right of residence after that .
My new marrige was done in uk at Deginated Register office .HOME OFFICE already extend notice of marriage to 70 days investigate and let me marriage after their investigate so do you think still ECO can say new marriage is actually legitimate?
 

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There is a small window for applying for another visa in-country after the expiry of your existing visa, regardless of any appeals pending.
 

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Discussion Starter · #6 ·
There is a small window for applying for another visa in-country after the expiry of your existing visa, regardless of any appeals pending.
Hello Joppa thanks for your information would you mind to tell about in more detail about that small window.
 

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Discussion Starter · #8 ·
Hi Joppa i look it up but didnot understand clearly you mean i can aply under Human Right Ground i didnot get information about applying visa under uk immigration rule while eea case under appeal if u could explain in more detail will be great help to me.
Thanks
 

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In your case you are unlikely to be allowed to apply for spouse leave to remain on FLR(M).
 

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Discussion Starter · #10 ·
Thanks joppa so what you suggest withdraw retain right appeal and aply entry clearence from nepal for spouse visa on based of mew marrrige.
 

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Did you report your divorce to the Home Office?
 

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Discussion Starter · #13 ·
Yes i did cleaver octopus when i gave notice of marrige for new marrige
Yes i did cleaver octopus when i gave notice of marriage for new marriage home office extend my notice period for 70 days they investigate and on 65 days they say i can go ahead for marriage.
 

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Discussion Starter · #15 ·
In your case you are unlikely to be allowed to apply for spouse leave to remain on FLR(M).
Thanks joppa so what you suggest withdraw retain right appeal and aply entry clearence from nepal for spouse visa on based of mew marrrige.
 

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Discussion Starter · #17 ·
Yes, but consult a specialist.
Thanks Joppa i wan ask some question about financial requirement for spouse visa my wife working in 2 company at this moment one job she start on Jan 2017 second one on feb 5 2017 first job she working in nhs on salary basis £15200 and second job she work in retail 10 hr per week permant contract on minimum wage but on feb she didnot work one week so i had payslip of 30 hr only that month but she work one day overtime that month if i aply on 1 st week of august i will be fine after feb she working continue without any day offf
 
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