If the Home Office decide to stop your spouse visa as a result of your separation or divorce then... Work visa. We recently received a question from a sponsor whose relationship to their non-EEA partner has ended, clarifying if they can cancel their partner's visa. This website uses cookies to ensure you get the best experience. The way they handled our documentation and also the list of documents they sent was efficient and top quality. We are very happy with the immigration advice we received from the team. If you overstay, you will be placed under “removal proceedings” and will have to answer to an immigration judge. They acted with utmost professionalism throughout the entire application. You cannot stay in the United Kingdom on a spouse visa when you separate or divorce. a person with indefinite leave to remain or EU Settled Status). We highly recommend them. You may be eligible for an additional three-month leave (referred to as a 'Victim of Domestic Violence Concession') while you apply to settle as a victim of domestic violence. He is a valuable asset to Reiss Edwards. Visa after divorce is final When her divorce is final, this means that he is no longer the “spouse of a Japanese national.” Therefore, it stands to reason that he will lose her visa as a “spouse of a Japanese national” at the time of her divorce. In this article, we will explain the process for when a couple separate, where one person was permitted to stay in the UK on the basis of their relationship to a British national or settled person. I would recommend them over and over again for anyone looking for an immigration advice. Spouse Visa curtailment under exceptional circumstances The Home Office may grant the right to stay in the UK after a divorce to those who fall into specific categories. In your letter you should provide your name, date of birth, address, passport number and Home Office reference number. That’s because, the minute after you separate or divorce, you’ll imminently relinquish your visa […] It was an EX1 application. It should be noted though that both forms effectively grant permission for the Home Office official to contact your ex-partner at the address you have provided. As a spouse visa holder, if your relationship has ended, it is not an option to simply not inform the Home Office and remain on your current visa. He ensured that there was little to no room for error. In this case, you may not be able to obtain a green card once the priority date becomes current. He remained calmed and continued to assure us on our immigration matter. This article explains how to deal with separation from spouse. If you entered the UK on a Spouse Visa but your marriage has ended, you will be subject to a Spouse Visa curtailment after divorce. If your current status in the US is dependant on your spouse’s status or citizenship, it will be important to understand how your divorce … You may not be able to file for a green card. If your spouse also needs to apply for a visa to stay in Hong Kong such as an employment visa or for an extension of his stay, your spouse can apply for your dependants visa in the same application. It is important to assess your options for staying in the UK after a divorce. They are really affordable. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help. These statutory powers are supplemented by guidance on curtailment of leave can which tells caseworkers whether to curtail leave and when to consider using discretion. custody or child maintenance cases), indefinite leave to remain - if you have already been in the UK for five or more years on your spouse/partner visa. They helped us professionally throughout the process. For example, if you are married to an H1B visa holder, and your spouse has an approved adjustment of status application, but the priority date is not yet current, a divorce or separation may disqualify you as a "dependent." Consent form: permission to use information about an estranged spouse/partner MS Word Document , 177KB This file may not be suitable for users of assistive technology. Your visa is based on your relationship if you have permission to stay in the UK for a limited time as: Crucially, the guidance also clarifies that "the same rules apply if your ex-partner's visa is based on your relationship (for example they're your dependant, or you're their 'sponsor')". Curtailment letter. Without new lawful status, you will have to leave the UK. He gave me a great deal of quality advice and decided to take on my messy case. Under the family visa route, a UK based person can sponsor their non-EEA partner to live with them in the UK. In the email you should include you and your ex-partner's: You must then complete and sign one of the following forms which should be scanned and attached to the email: Remember - you only need to complete and attach one of these forms to your email, depending on your disclosure preferences. It is also highly recommended that you seek the help of an immigration lawyer, who can help you find the right visa to remain in the UK. If you need a particular, name, Amar would be it. US Visa After Divorce For non-US nationals in the US, adding to the pressures of separating from your spouse will be your visa status. 5 min read. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. You must tell the Home Office as soon as you separate if you're a dependant on your partner's visa - explain your circumstances and that you've experienced domestic abuse. In 2012, the law was changed whereby a foreign spouse of a Japanese national who becomes divorced may no longer stay in Japan until the expiry date of their spouse visa. have spent half your life or more in the UK. There are a number of routes which can be used depending on your circumstances, including: You may be able to apply for ILR if you experienced domestic violence as the partner of a British citizen or person settled in the UK. If you do plan to stay in the UK, the best option is to seek the guidance of experienced immigration Solicitors who will be able to assess and explain your options, and then make an application on your behalf. Inevitably, a proportion of those relationships will fail, leading to separation. We have addressed the options available to those in the UK on a spouse visa in a separate post here. If you separate from your partner, you will receive a Spouse Visa Curtailment. At the end of the day, I have not received my British citizenship within 3 months. We received out positive outcome very quickly. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The Home Office has wide ranging statutory powers that allow caseworkers to curtail a migrant’s limited leave to remain in the UK. Thank you to the team. Most people in his position would have panicked but he was calmed and continued to assure us. in Part 9 of the Immigration Rules and replaces the term ‘curtailment’, although ‘curtailment’ is still used in some sections of the Immigration Rules, such as ‘Appendix EU’. ... he has had a spouse visa since 2014 which has been renewed twice. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. Fantastic Solicitors!!! You will only have a short time to act if you wish to stay in the UK. Spouse Visa Curtailment after Separation-Can You Cancel Your Partner's Spouse Visa? If you are in Canada with your spouse or common-law partner but have not yet been sponsored and landed as a permanent resident, or have not applied for permanent residence and have temporary status only, you may wish to consult with a lawyer about the potential impact to your status and ability to remain in Canada after a separation or divorce. such as family or cultural ties; You are aged between 18 and 24 years, and you If you are going through a divorce while living in the UK, you may be worried about the validity of your Spouse Visa. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. I am glad that i instructed Reiss Edwards on my visa matter. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them. It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. Spouse Visa Curtailment After A Divorce. My Tier 1 Investor Visa was dealt with quickly and without issue. The Home Office might end your permission to stay as a partner, so it's important to … The Home Office makes it very clear that a person in the UK on a spouse visa is only able to stay (subject to their visa conditions) as long as they remain in a genuine relationship with their partner. The 60 days gives an Applicant an opportunity to consider and make an application to regularise leave to remain. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. It started with a 20 minutes free immigration advice. The process was long but was worth it. He exemplifies, for me, the true, professional gentleman. Consequently, it is essential to seek the help of an immigration lawyer who can help you find the right visa to stay in the UK. They can, however, apply for another visa, or possibly indefinite leave to remain (ILR) if they are eligible. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. Brilliant and informative. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. By continuing to browse the site you consent to the use of cookies. They were also very helpful. Both for my initial application and extension. It is unlikely that your Spouse Visa will still be valid after a divorce. They are very professional and are very popular in London. Now, the immigration office may revoke your spouse visa after 6 months from the divorce. Getting through a divorce is never easy. Subsequently, you will receive a Spouse Visa Curtailment, meaning that you will need to find different options to stay in the UK. You and your K2 children may lose immigration rights and leave the US. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards. The team was ever present and happy to answer my question. Learn more. In recent years, the UK Home Office has been granting over 30,000 spouse visa annually, allowing non-EEA citizens to join their British partner or a settled person (i.e. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. a person with indefinite leave to remain or EU Settled Status). Until this date you can remain in the UK, and depending on your individual circumstances you may be able to switch to a different sponsor if you are a Tier 2 General visa holder, or to a different visa category if you are on other visa types. It is an emotionally overwhelming experience, which forces you to start everything fresh. He is very knowledgeable, corporative and engaging. There is a chance that you can plead your circumstances t… I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. Curtailment of visa after abuse from foreign spouse. The UK government website states, "You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship. All rights reserved, UK Skilled Worker Visa | A Guide to the New UK Points Based System, Applying for a Partner Visa: Meeting the Genuine Relationship Requirement, Visit the UK | How to Visit the UK for Tourism and Business. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. Investing over 2 million pounds is defintely not a routine decision. I used Reiss Edwards for my Tier 2 visa application and it was successful. ok. In the end, a big thank you to Reiss Edwards. The challenge from an immigration stand-point for non-EEA citizens is that if they are no longer in a relationship to their sponsor, they are no longer entitled to remain in the UK. You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship. This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. TELL THE HOME OFFICE: You can enter, and live, in the United Kingdom with a spousal visa based on … Retaining rights to stay in the UK after a divorce with a partner. The breakdown of a relationship between a British national and a non-EEA individual can cause severe immigration issues. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The Home Office guidance explains that to make a successful application for ILR, your relationship must have been genuine and ongoing when you were last given permission as a partner, and you will need to provide sufficient evidence that "you were the victim of domestic violence from your partner, their family, or both, and this is why your relationship has broken down". Private life. Ultimately, you may be forced to leave. You will need to send an email to StatusReviewUnit@homeoffice.gov.uk with the words' MARRIAGE BREAKDOWN' in the subject line. Essentially, this asks the court to approve the informal agreements that you and your spouse came to on your own resolving any issues that would have arisen during the divorce process. Things can get even more complicated if you’re currently living in a foreign country as a dependent on your ex-spouse’s visa. October 25, 2020. how long does home office take to send curtailment letter Another lawyer stepped and took over the case without any hassle. I contacted Reiss Edwards to help me with my wife's UK settlement visa. You should always bear in mind that your Spouse or Partner Visa is linked to … Divorce is a stressful time, particularly when one spouse’s immigration status is dependent upon the other, as is the case if you are what’s known as a “conditional resident.” (In other words, you’ve received an initial approval of marriage-based U.S. residency, but because your marriage is relatively new, your status will expire in two years unless you take additional steps.) The UK spouse visa allows applicants to join their partner and live in the UK for two and a half years. Reiss Edwards is a top notch immigration service company. If you have separated from your spouse and you are in the UK with a spouse visa, you are required to notify the Home Office and, where eligible, apply for a new visa under a different category. You are in the UK on a temporary visa such as a work visa; You should write to the Home Office explaining that your relationship has ended. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind. They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. By doing so, you will be in breach of UK immigration law and will jeopardise any chance of receiving a positive decision on a future visa application. He was always reassuring. The Statement of changes to the Immigration Rules, published on 22 October 2020 provides the following definitions for ‘cancellation’ and ‘curtailment’: In the curtailment letter the Home Office will state by what date you must depart the UK. How can I find a Tier 2 or Tier 5 Sponsorship Employer? If you’ve married your sponsoring US citizen within 90 days and a divorce happens . To avoid such a situation occurring, the best divorce and Immigration lawyers will advise you against overseas travel if your visa is about to expire. You must then either apply for a new visa or leave the UK. I have just applied for a divorce and restraining order last month due to his unpredictable and aggressive behaviour. In recent years, the UK Home Office has been granting over 30,000 spouse visa annually, allowing non-EEA citizens to join their British partner or a settled person (i.e. Would recommend Reiss Edwards as an Immigration law firm in London. He responded to my emails, calls and enquiries promptly. What is the spouse visa? CONTACT US if you need help with securing your stay after a divorce or you are contemplating a divorce or separation while in the UK on the basis of your relationship to your EEA national spouse or partner. Spouse Visa Curtailment After A Divorce. I have been using Reiss Edwards for three years now for my family's immigration application. In other words, both parties have an obligation to tell the Home Office in the event of divorce or separation. Spouse Visa Curtailment after divorce: what are my options? The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. I met with Amar to discuss my ILR refusal. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. Generally, your visa will be curtailed to 60 days, unless you have less than 60 days left on your visa in which case the Home Office will normally let your visa run its course. This means that your visa will be canceled and become invalid. Re: Spouse Visa and Separation/Divorce Post by Gagan1986 » Wed Mar 15, 2017 2:07 pm Thank you very much as that was my next question, that do we have to have a divorce … That made me quite secure. 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