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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I am an EU citizen married to a non-EU wife (she has a

Resolved Question:

Hi, I am an EU citizen married to a non-EU wife (she has a spouse visa to stay in the UK). We have been having a bit of a relationship crisis recently and so are thinking of living separately for a while to see if a break can revive our relationship. Is this possible to do? I.e., isn't there a requirement that we have to live together all the time for the spouse visa to be valid? Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. There is no requirement in UK law that a person granted a spouse visa has to live with that spouse whilst they are in the UK. So, it makes no difference that your non-EU wife lives in a different location to you. This is not material to her retaining her spousal visa. She can live separately from you without it affecting her spouse visa. You will then be proof that "Men and women should live next door to one another and visit occasionally".
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Ok, thank you very much for your answer. Can you then please also elaborate on "You must tell the Home Office if your relationship ends" from https://www.gov.uk/visas-when-you-separate-or-divorce ? We would really not want to come even close to any "visa fraud" suspicion if we decide to separate / break up (temporarily) but remain married.
Expert:  Buachaill replied 1 year ago.
3. My word, but you are an awful worrier! There is a difference between ending your relationship and merely taking time out. Particularly, where your non EU wife is concerned. Basically from a visa point of view, you would have to get a final divorce decree before her visa would end in law. So, you are a long way from that. I would suggest that you just take time out from your relationship and just realise that there is no impact upon her visa or upon you being engaged in "visa fraud". Take what you read on Home Office website with a pinch of salt. Don't take everything literally. IF the relationship end, it ends. You can then get a divorce. At that point, there will be issues surrounding her visa, if she hasn't got UK citizenship by then. Be aware that she can get Uk citizenship after 3 years being married to you, if you are resident in the UK. So, if it helps you to sleep at night, get citizenship for her before you end the relationship and get a divorce.
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