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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Im legaly married to a Norwegian citizen who lives in London.

Resolved Question:

I'm legaly married to a Norwegian citizen who lives in London. We've been married for 6 years but decided to get separated a few months ago. I'm originaly from Brazil and when i got married the home office gave me a 5 year family member visa. The visa expired and they've given me a permanent one, which is on my passport.

Now my question is, when i come into the country and the immigration officer asks me how do i qualify for that kind of visa - they've asked last time i came in - should i say i'm still legally married but separated or should i just say i'm married? And if i ever decide to get a divorce, will i lose my visa?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  INC replied 6 years ago.

Hi,

 

Thanks for your question.

 

Technically, you are still legally married. Thus, if asked, you should state that you are the family member of an EEA National whom is exercising treaty rights in the UK.

 

If you have been granted a 5 year residence permit, you will not lose this. At the end of the 5 years, you will be eligible to apply for Idefinite Leave to remain (ILR). This would mean that you would be entitled to remian in the UK indefinitely.

 

After having held ILR for 12 months, you would be entitled to become Naturalised as a UK Citizen.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 6 years ago.
hello, tnx for you answer.

the thing is, they have already granted me a ILR, so as you said, in 12 months i can apply to be naturalized.

However, when i come into the country next time would it be a problem if i said that my wife and i are separated but still legally married ?

Or would it be better not to mention i'm sepaarated as, technically, i'm still married?

And if we do get divorced, do i lose the ILR ?

tnx for your time.
Expert:  INC replied 6 years ago.

Hi,

 

I would suggest that you do not mention that you are seperated. Technically, you are still married as a Divorce has not been finalised. Thus, you would not be misleading the UKBA.

 

If you get divorced, you will not lose your ILR.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC and 2 other UK Immigration Law Specialists are ready to help you

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