Hi,
Looking for some advice for a rather complicated situation - sorry - will try to be succinct.
A = Colombian national (M)
B = Italian national (F)
Z = British national (F)
A and B met while at university in London and married in Feb 2008. A was issued 5 year residence card (EEA2) in March 2009.
A and B separated in early 2012 but remain legally married and on good terms. A wants to apply for permanent residence (EEA4), with B's support on providing documents etc. However B - as the EU national exercising treaty rights - has incomplete evidence for the full 5 year period - no income declared since Sep 2011, missing documents eg 'comprehensive sickness insurance' during university study. B has been working in the couple's joint business - established in March 2012. But they have yet to file company accounts for the business and B has not filed self-assessments etc - s0 no means of proving income for the past 2 years.
1) Am I correct on thinking that based on this, EEA4 is unlikely to be approved? Is it worth a shot? (Also, see 3))
2) If B can gather enough evidence to support the current situation, does A at least stand a chance of being granted a second EEA2?
3) Is there any risk that, in submitting a patchy application, there may be serious consequences i.e. could it result in A (or both) being kicked out or prosecuted etc?
Also -
Some time after separating from B, A met Z and they are now in a relationship. Z would be willing to sponsor A if there is a route available - i.e. A moves into visa category of partner of British citizen.
4) If A and B legally separate (divorce) and A and Z were to marry in UK soon after, what would the next steps be? Would A need to leave the country to apply for new visa, or could he apply to change category from within the UK while still on EEA visa? (I understand his right to be in UK under EU law ends as soon as divorce from B is granted?)
Sorry for complexity - any advice gratefully received.
Thanks from A, B, and Z...
