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Could you explain your situation a little more please - have you applied for settlement on the basis of your marriage (spouses visa)?
Why do you wish to withdraw this application ?
Have you submitted a spouse application for settlement to the UKBA?
I am trying to help, but I need you to be clear. Private contact is prohibited by JA I'm afraid.
Please respond to these questions using the numbering when you reply.
1. Have you prepared an application to the UKBA for a spouses visa based on your marriage
2. Has the application actually been sent to the UKBA
Right. I'm still not clear so I will provide very general advice.
If you are Italian then you are an EEA national. As a non-eea national he would have to apply to for a residence card based on your marriage in order to stay here. he would have to apply using form EEA2. If he has made this application or has received his residence card and you are no either no longer married or living and having a relationship as man and wife then you can inform the UKBA.
They will take the decision to curtail his residence card if you are divorced (ie. you have received your decree absolute in your divorce) and will ask him to leave the country. If they do and he does not leave then he will become an overstayer again and if they catch up with him they may deport him.
If you have been married for a period of three years then he will retain his right of residence upon divorce, meaning that will be able to stay in the UK.
If they have not made a decison on an application that you have recently submitted then they will simply withdraw the application and he will remain an overstayer.
This may not be great news for you if you wish to divorce him because you will need to know where he is in order to file a petition for divorce in this Country (if you are married).
If you wish to inform the UKBA (and you are probably under a duty to do so) then you should write to the UKBA giving full details of you, your husband, his application for a residence care based on your marriage and state that you are no longer living as man and wife and that you will petition for divorce (if in fact you are).
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If you are not married then he cannot obtain a residence card to remain in the Country yet. He can only do that once you are married.
I suspect what you may have applied for is a certificate of approval from the UKBA so that you can marry here. All foreign national must apply for one of these if they intend to marry in the UK.
You should write to them and confirm that you no longer intend to marry and the application will be withdrawn. He will then remain an overstayer and if the UKBA catch up with him they may deport him.
Receiving a Certificate of approval does not mean that you must marry, it only means that you can. It is obviously your decision whether to actually marry or not.
Write the UKBA giving details of both your and your partner, confirm that you submitted an application for a COA (giving any refernce numbers you have) and then state that your relationship is no longer subsisting, that you have split up and do not intend to marry.
They will return the application with your passport to the address you and your partner gave on the application form. If you do not want it sent to that address then you should ask them to send it to the address to which you do what it send to or otherwise to hold your passport at there offices (or one nearer to you) so that you can attend to take you passport back.
The address to which applications should be sent is:-
UK Border Agency
PO Box 504
I would send it there .
If you do not have a reference number make sure you give full details (eg. names of both of you, addresses, dated of application etc).
I'm an expert, I don't deal with billing enquiries. I have referred this to the moderators who will deal with your request.Tom
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