How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6649
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

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

Resolved Question:

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 ?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

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

Thomas, Solicitor
Satisfied Customers: 6649
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 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

Expert:  Thomas replied 4 years ago.

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

Thomas, Solicitor
Satisfied Customers: 6649
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1805 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor