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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am from Myanmar and married a Hungarian man in 2006 in Hungary. I

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I am from Myanmar and married a Hungarian man in 2006 in Hungary.

I currently have a Family member of EU national visa issued in 2007 due to expire in 2012.

Is it possible for me to change my status and visa to get indefinite leave to remain in Britain if we separate at any time ?

Hi,

 

Thanks for your question.

 

If you separate and one person notifies the UKBA then the visa will be curtailed and you will be an overstayer from when it is curtailed. If the UKBA are not told but you separate then make an application to extend you visa in 2012 that is not supported by your husband then it will be investigated by the UKBA, who will see that the application is not supported by your husband and then will not grant you a further visa I'm afraid.

 

The way it works with family member of EU nationals is that you can apply for permanent residence in the UK if you have been here for 5 years under that status. Once you have PR you could apply for naturalisation and then a UK passport.

 

I'm very sorry it could not be better news. If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom

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Customer: replied 6 years ago.

 

Thanks, XXXXX XXXXX give food for thought. But.

 

What IF we separate/divorce in the near future, where would that leave me ? What can I do to remain in England ?

 

and

 

As already said in 2012 I will need a new visa of some sort IF we are still on good terms what are my options re visa's or PR. AND if we're not on good terms what can I do.

 

Sorry it's long winded.

 

Many Thanks

Hi,

 

Thanks for your kind accept.

 

I'm afraid that your best bet is to stay on good terms with your husband and hope that he supports you application for permanent residence once you have attained the 5 years time limit. You can then apply for naturalisation so that you can stay here permanently.

 

If you're not on good terms and he divorces you then you do not really have any option, you're visa will be curtailed if they find out and you will have to return to Myanmar. You could make an application from Myanmar under one of the other categories of visa (ie. under the points based system).

 

Only if you claim asylum from your home country will you not be deported once your visa is curtailed and this would be quite difficult to prove as you would have to show that you would be in danger if you were deported.

 

Sorry it could not be better news, but it really would help your case if you can remain amicable with your husband.

 

Kind regards,

 

Tom

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