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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I am a Swedish and Moroccan national and have been living and

Resolved Question:

I am a Swedish and Moroccan national and have been living and working in the UK since 2004. I work within the financial markets in the city in London. In 2010 I met a Moroccan national living in Morocco. to be able to be together and for him to come to the UK we got married in Morocco in 2011 and he came to join me in London in September 2011 on an EU family visa and obtained a 5 year residence permit. The relationship broke down very quickly and we separated in June 2012 and got divorced in Morocco in August 2012 as neither party had any claims on the other party and we didn't have any children. However, I never notified the border agency and neither did he. He is still in the UK. After living 11 years in the UK and paying taxes I would now like to apply for citizenship but I am unsure of where I stand legally with regards ***** ***** matter. If I declare that I am divorced but have not notified the border agency will that affect my application? Also will that then lead to his visa being cancelled? Additionally because we got married and divorced within almost less than a year i've always put down myself as single in my tax return. Does that come into play at all for a citizenship application. I would be very grateful for any insights in this matter.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
yes i"m ok to keep waiting. just need soemone dealing with immigrationissues. thanks for the help.
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Have you ever stated you were married on any government documents?
Kind regards
Customer: replied 2 years ago.
Hi, only on the visa application documents where we had to provide the marriage certificate. As mentioned, in my tax return I never changed it from single.
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I do not think that you should be too worried about him still being in the UK, although you as a matter of course may have wanted to inform the home office that your relationship is no longer subsisting and that you have now divorced. Ultimately it is up to the applicant ie your ex-husband to inform the home office that his relationship is no longer subsisting.
In respect of your questions my answers are as follows:
1. It will not effect your application as the onus is on the application to inform the home office of his visa not you.
2. Regarding his visa being cancelled then yes, if you inform the home office that he is no longer in a subsisting relationship with you and have been divorce, his visa would be cancelled. Essentially he is living in the UK illegally.
3. Regarding your tax etc, what I would recommend you do is state the truth that you were married from x period to x period and due to the relationship only lasting a short period you did not have time to change your title and therefore it always remained Miss. This would be sufficient and provided you have explained the reasons behind it, should not effect your application.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.
Thank you for your reply. So if I understand you correctly I should in my application for British citizenship state that I am divorced? Will I need to provide divorce papers? Will this automatically cancel his visa? With regards ***** ***** tax return did you mean I should state the truth in my application or in my next tax return? I assume they will look at my tax returns?
Many thanks for your help
Nadia
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes, you would need to state you are divorce and submit divorce papers to confirm this. This is because your ex-husband entered on the basis of your marriage and therefore on the home office records you would be seen as married.
2. His will be reviewed and may be cancelled. It would definitely effect any future applications, once he applies the home office can take any required action or they might just send him a letter confirming his visa cancellation.
3. I mean in your application, they will look at your tax returns and correspondence from HMRC and therefore you would need to clarify this in the application.
I hope this answers your questions, if so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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