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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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Thanks, it does give food for thought. But. Further to the

This answer was rated:

Thanks, XXXXX XXXXX give food for thought. But.

Further to the reply you just gave re Im from Myamar married to a Hungarian man.

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


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


There's no need to submit a further question to the board.


I've answered in a reply to your earlier question so you can just check that.


Kind regards,


Customer: replied 7 years ago.

So, I cannot separate or divorce in England without breaching immigration regulations and therefore IF while we are seperated I met someone else there would be no way we could become partners in any way ?


Basically untill 2012 I'm reliant on my husband. Is this right ?


AND finally


what would I need to do to get PR as in 2012 the visa expires and I will have 5 years on the Family Member of EU National Visa.


Many Thanks for your help in this matter.










If you found one else then it would be difficulty to make an application as the unmarried partner of that person because you must have been in the relationship for two years before making the application.


If you find someone who you think you want a long term relationship with and marry then you are better off staying until you divorce, then returning home. You can then make a further application for a visa application for a finance visa to get married here or spouses visa if you marry somewhere else.


In order to obtain permanent residence you have to prove you have been here legally for 5 years and your husband must have been exercising treaty rights (ie. living, working) here in the UK for the whole of the last year before the application.

Kind regards,



Edited by T_Graham12 on 7/5/2010 at 6:20 PM EST
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Customer: replied 7 years ago.

Just to clarify


Your para. 1 means I cannot be here because if I were I'd be in violation of immigration because the visa would be curtailed.


The above relates to your para. 2


Your para 3 we both qualify as we are both in full time employment in England


So I'm in a catch 22 situation. To remain here I must stay in my current partnership and pray I am on good terms in 2012 to get PR. If it comes to our separation I'm out !! and as the government are restricting entrance of foreign nationals from outside th EU it will be difficult to return.



Yes, that's correct.


A decision about your curtailment (if it comes to that) can also be appealled so at the very least you will be able to spend some more time here before you go home and perhaps make a further application.


Kind regards,



Customer: replied 7 years ago.
Ok Thanks :-(

Sorry it wasn't not better news.