CURTAILMENT of UK SPOUSE VISA

[Rob180]

I've read that when a marital relationship ends, the Home Office have to be notified and that they may curtail the Spouse Visa and grant 60 days for the visa holder to leave the UK or be deported. Would these 60 days commence from the date the letter of curtailment is received by the visa holder?

 

Can the visa holder continue working during these 60 days, or would they lose the right to work in UK immediately?

 

If the visa holder does not leave UK after 60 days and becomes an overstayer, are they likely to be deported and what does that mean in reality, that they could be detained and put on a plane home? Or is it likely nothing much would happen for weeks or months?

 

Thanks for any info.

Edited September 2, 2018 by Rob180

[simoh1490]

The TVF Moderator named "theoldgit" is perhaps best placed to answer your question most accurately, I suggest you ignore other noise that will arise - perhaps PM him if he doesn't respond, (which he will).

[theoldgit]

https://www.gov.uk/visas-when-you-separate-or-divorce

 

Don’t worry they’re not going to send an enforcement team to detain and remove her.

 

What stage of her stay is she at?

[Rob180]

Hi. She's got FLR, with ILR due to be applied for in April.

[Rob180]

Also, I know she can enter Thailand as a Thai national with an expired passport, but can you enter transit destinations with that (IE Dubai) or would you have to fly direct from UK to Thailand?

 

thanks

[7by7]

1 hour ago, Rob180 said:

Hi. She's got FLR, with ILR due to be applied for in April.

As you can see from theoldgit's link, there are many variables which determine whether or not she could remain in the UK and apply for ILR; it depends on her circumstances.

 

Does she have any children who are British citizens?

 

Why the relationship ended can also be a factor; for example if she is the victim of domestic violence.

 

11 minutes ago, Rob180 said:

Also, I know she can enter Thailand as a Thai national with an expired passport, but can you enter transit destinations with that (IE Dubai) or would you have to fly direct from UK to Thailand?

Depends if she has to pass through immigration in her transit destination when changing planes.

 

In most cases, passengers don't, they remain airside while changing planes and so do not have to show their passports. 

Edited September 2, 2018 by 7by7

[Rob180]

Hi, no there's no children involved and no domestic violence involved either. The reason it may be curtailed is due to her behaviour of which I have clear and indisputable proof/evidence. She also wouldn't qualify for a work visa, she's not in a skilled/higher paid job.

 

thanks

[7by7]

Looks like she'll be going home, then.

[Rob180]

What happens when a curtailment letter arrives stating 60 days, can she keep working here until day 60 or does her right to work end when that letter comes?

 

Thanks also re transit query, I checked with Emirates, seems it's ok to transit through there on an expired as you said.

Edited September 2, 2018 by Rob180

[7by7]

My layman's opinion is that as soon as the relationship ends, so does her leave to remain in the UK and as her right to work is based upon that leave, she loses that as well.

 

However, if she can apply to remain under another category then she may be able to continue working while that application is processed.

 

But, as said, that is my layman's opinion; I may very well be wrong.

 

BTW, where do you get the 60 days from?

[Rob180]

Thanks, the sections on Gov.Uk re curtailment seem to say the person will be given 60 days unless I've misunderstood which is possible!

[7by7]

Do you have a link for that page; I can't find it anywhere. Not doubting you, just want to have it for future use.

 

Thanks

[Rob180]

I'll see if I can find it, cheers

[Rob180]

hi,..........

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/520008/Curtailmentv16.0.pdf

 

In the section about breakdown of a relationship it says 60 days, unless there is a reason for extending it.

 

thanks

 

Click here to download a saved copy of the file (retrieved 08 September 2018): Curtailmentv16.0.pdf

Edited September 8, 2018 by blackcab
Added file as a download

[7by7]

Many thanks; I'll add that link to my index.

[Rob180]

Cheers 7by7. Thanks for all your help over the past 4 years with all these complicated visa application questions etc, you saved me major grief trying to decipher these unintelligible Government forms and Guidance Notes. I'm not sure whether I'll go down the curtailment route or not now, what I thought was clear before has turned out to actually be something different and far less serious. Her ILR is not due until April, so I'll probably give her those 7 months to get her act together.

 

Thanks.

[bobrussell]

As I understand it the norm is to allow the visa holder to continue to remain until the visa is due for renewal when, obviously the holder would no longer meet the requirements for extension. There may be a few situations where this might be considered undesirable.

It would be very unjust for a spouse to be removed from the UK while there is legal work being done on the divorce etc.

With suitable legal advice I would expect the visa holder to remain in the UK for as long as it is reasonable to do so.

The resident spouse has little or no say in the decision process as it is not their visa!

Edited September 8, 2018 by bobrussell

[Rob180]

Hi Bob, the immigration rules appear to say the sponsor can curtail the visa before it's due for extension. Perhaps if it's just an agreed breakdown of relationship they would be allowed to stay until the current visa expires? However,  it does look like the reasons for curtailment may determine whether that would be the case or not. As always, what the Home Office would do in reality is probably guesswork. Hopefully I won't have to go down this route, as it looks potentially messy.

Edited September 8, 2018 by Rob180

[bobrussell]

The sponsor cannot curtail anything. He or she can inform the immigration authorities but that is all.

This is to avoid anyone being 'forced' to remain in a relationship because of a threat from an abusive partner. My sister in law was in this position and it was dealt with promptly and efficiently by the authorities and she was granted ILR within a week!

You don't have a route to go down beyond reporting the breakdown to the authorities. They will act as they see fit but it is very unlikely that someone embroiled in a divorce would be told to leave until that has been resolved.

You are not the one with power to decide once a relationship has broken down. UKVI and the legal system do. It will not get messy for you as you will not be part of the review process.

[7by7]

From the document provided by Rob 180

Quote

When spouse or partner informs the Home Office of a breakdown

A UK settled person contacts the Home Office with information that their spouse or partner, who arrived 4 months ago with a spouse visa, has left them. As the marriage or partnership no longer exists, and the migrant has outstanding leave, you must consider referring the case for curtailment. (page 45)

 

Deciding to curtail due to a breakdown of a relationship

As the reasons for curtailment are discretionary, you must not automatically curtail a migrant’s leave if referred for curtailment. It may be appropriate to use discretion, see Using discretion when considering curtailment. (page 47)

 So curtailment is not automatic if the settled partner does inform UKVI of the breakdown of the relationship; it's discretionary.

 

There is also, as far as I can discern, no obligation for either partner to inform UKVI if the relationship breaks down.

 

Of course, unless the migrant partner has ILR, they will have to leave the UK when their current leave expires. Unless the migrant partner can apply for ILR because the relationship ended due to the migrant partner being the victim of domestic violence or for some other reason allowed under the rules.

 

On ‎9‎/‎8‎/‎2018 at 10:56 AM, bobrussell said:

it is very unlikely that someone embroiled in a divorce would be told to leave until that has been resolved.

As far as I can see, whilst a migrant whose relationship has ended and so their leave has been curtailed or expired will probably be allowed to remain in the UK for longer if there is a risk to their health were they to travel now, I can find nothing to say that they will be allowed to remain until a divorce has been finalised. But it's a long document and I may have missed it!

[bobrussell]

A court may require the visa holder to attend or attend mediation as part of the divorce process. It may be they do not consider the relationship to have broken down permanently until a divorce has been finalised. I don't know if divorce is specifically mentioned as a reason to allow someone to remain. That said the Thai's in my wife's circle of friends have been able to remain after divorce (perhaps because they have met the requirements for a different type of visa). 

Just as likely is UKVI may consider it a lot less messy to allow the visa holder to remain until the end of their current visa.

Curtailing a visa is discretionary as has been said but people are still married until the divorce comes through!

 

My point was that little happens automatically on notification of a breakdown of a relationship and none of it is controlled by the resident spouse. Use of the threat of 'deportation' to control a non-EEA spouse forms a degree of domestic abuse which thankfully UKVI take a pretty dim view of in my experience. It happened to my sister in law and has happened to some of her friends since.

 

Clearly without mitigating factors the visa holder may well have to leave the UK under the terms of their visa. 

 

Edited September 10, 2018 by bobrussell