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. As the sponsoring spouse controls the Immigration status of the non- EEA spouse, they may be unable to renew their spouse visa in time or to apply for ILR. October 25, 2020. how long does home office take to send curtailment letter In this case, you may not be able to obtain a green card once the priority date becomes current. That made me quite secure. In other words, both parties have an obligation to tell the Home Office in the event of divorce or separation. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. You cannot stay in the United Kingdom on a spouse visa when you separate or divorce. They acted with utmost professionalism throughout the entire application. They were also very helpful. The Home Office has wide ranging statutory powers that allow caseworkers to curtail a migrant’s limited leave to remain in the UK. 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." 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. If the Home Office decide to stop your spouse visa as a result of your separation or divorce then... Work visa. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. The team of lawyers at Reiss Edwards are very professional and friendly people. How can I find a Tier 2 or Tier 5 Sponsorship Employer? TELL THE HOME OFFICE: You can enter, and live, in the United Kingdom with a spousal visa based on … 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. That’s because, the minute after you separate or divorce, you’ll imminently relinquish your visa […] I could not have asked for a better Immigration service. In your letter you should provide your name, date of birth, address, passport number and Home Office reference number. You and your K2 children may lose immigration rights and leave the US. Learn more. Amar was indeed a very thorough and professional gentleman. It is therefore important to consider whether to make submissions when notifying a change in circumstances, so the Home Office can fully consider whether to curtail your leave. Private life. Brilliant and informative. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. 5 min read. 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. have spent half your life or more in the UK. 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. We are very happy with the immigration advice we received from the team. Reiss Edwards is an internationally recognised UK immigration law firm based in London. If you separate from your partner, you will receive a Spouse Visa Curtailment. He exemplifies, for me, the true, professional gentleman. 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. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. 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. At the end of the day, I have not received my British citizenship within 3 months. Both for my initial application and extension. You will only have a short time to act if you wish to stay in the UK. 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. Would recommend Reiss Edwards as an Immigration law firm in London. Leading UK spouse visa experts, First Migration, talks through the key documents and requirements necessary to apply for this type of visa. In the end, a big thank you to Reiss Edwards. 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. My Tier 1 Investor Visa was dealt with quickly and without issue. They helped us professionally throughout the process. It started with a 20 minutes free immigration advice. This divorce filing can be simple and fast, especially if you and your spouse are comfortable with the status quo after five years of separation. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. I contacted Reiss Edwards to help me with my wife's UK settlement visa. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. 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. If you overstay, you will be placed under “removal proceedings” and will have to answer to an immigration judge. He remained calmed and continued to assure us on our immigration matter. Inevitably, a proportion of those relationships will fail, leading to separation. If you would prefer not to use email, you can send a letter with the above information and a printed copy of the form you have chosen to: If you or your ex-partner have children in the UK, you must provide the following additional information in your email/letter to the Home Office: As we have already outlined, if your relationship has ended, the non-EEA citizen will need to either leave or apply for a new visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them. 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. 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. This website uses cookies to ensure you get the best experience. 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')". I am glad that i instructed Reiss Edwards on my visa matter. I would recommend them over and over again for anyone looking for an immigration advice. Without new lawful status, you will have to leave the UK. The 60 days gives an Applicant an opportunity to consider and make an application to regularise leave to remain. The process was long but was worth it. They are really affordable. You may be eligible if: You have no connection with your home country, such as family or cultural ties; Fantastic Solicitors!!! Getting through a divorce is never easy. They offered free advice over the phone and spent good time with us before inviting us for consultation. 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. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. I met with Amar to discuss my ILR refusal. 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. You have no connection with your home country, He ensured that there was little to no room for error. 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. TI have just had British Citizenship application approved. 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 responded to my emails, calls and enquiries promptly. Things can get even more complicated if you’re currently living in a foreign country as a dependent on your ex-spouse’s visa. It was an EX1 application. Subsequently, you will receive a Spouse Visa Curtailment, meaning that you will need to find different options to stay in the UK. a public statement - this form should be used if you do not want the Home Office official handling your case to inform your ex-partner any details from your email, or; a consent form - this form should be used if you consent to the Home Office official informing your ex-partner of any of the details from your email, names of their parents or guardians, and who they live with, how much time they spend with you or your ex-partner, how much child maintenance or financial help you give each other, details of any ongoing or pending family court cases (e.g. 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". The Home Office might end your permission to stay as a partner, so it's important to … I have been using Reiss Edwards for three years now for my family's immigration application. We boast a wide ranged expertise to support our client’s business and private immigration needs. Most people in his position would have panicked but he was calmed and continued to assure us. 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. This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. The UK spouse visa allows applicants to join their partner and live in the UK for two and a half years. 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 highly recommend them. Curtailment of visa after abuse from foreign spouse. Now, the immigration office may revoke your spouse visa after 6 months from the divorce. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". 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. If you need a particular, name, Amar would be it. Retaining rights to stay in the UK after a divorce with a partner. Spouse Visa Curtailment After A Divorce. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards. 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 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. 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. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. 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. It is important to assess your options for staying in the UK after a divorce. He was always reassuring. You must then either apply for a new visa or leave the UK. The process of informing the Home office of a separation or divorce is very straightforward. 1st Floor, Holborn Gate, 330 High Holborn, London, WC1V 7QT, United Kingdom, Copyright © 2020 Immigration Lawyers London, apply to settle as a victim of domestic violence, Retaining rights to stay in the UK after a divorce, VIEW ALL AWARDS, Permanent residence, Entrepreneur extension, About us, Contact Us, Privacy Policy, a spouse or partner on a 'family of a settled person' visa, Home Office reference number (you'll find it on letters sent from the Home Office). Another lawyer stepped and took over the case without any hassle. You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship. 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 team was ever present and happy to answer my question. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. 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 … This article explains how to deal with separation from spouse. 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. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help. There is a chance that you can plead your circumstances t… What is the spouse visa? At some point I thought he was over cautious. 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. 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. If you are going through a divorce while living in the UK with a Spouse Visa, you may be worried about retaining legal residency after the Spouse Visa curtailment. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. 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. I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. We received out positive outcome very quickly. Under the family visa route, a UK based person can sponsor their non-EEA partner to live with them in the UK. 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. He is a valuable asset to Reiss Edwards. ok. You will need to send an email to StatusReviewUnit@homeoffice.gov.uk with the words' MARRIAGE BREAKDOWN' in the subject line. Under the family visa route, a UK based person can sponsor their non-EEA partner to live with them in … We have addressed the options available to those in the UK on a spouse visa in a separate post here. In the curtailment letter the Home Office will state by what date you must depart the UK. The Statement of changes to the Immigration Rules, published on 22 October 2020 provides the following definitions for ‘cancellation’ and ‘curtailment’: Spouse Visa Curtailment After A Divorce. 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. If you are going through a divorce while living in the UK, you may be worried about the validity of your Spouse Visa. In other words, if you do not qualify for different immigration status, you will no longer be eligible to live in the UK, and you will need to go back to your home country. 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. 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. Before filing the Adjustment of status (I-485) If you divorce your sponsoring fiance(e) before filing the I-485, then you will likely lose residency. You may not be able to file for a green card. Investing over 2 million pounds is defintely not a routine decision. They are very professional and are very popular in London. It is unlikely that your Spouse Visa will still be valid after a divorce. He gave me a great deal of quality advice and decided to take on my messy case. 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. My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. He is very knowledgeable, corporative and engaging. Time limit to change visa status. 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. 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 has had a spouse visa since 2014 which has been renewed twice. 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. The way they handled our documentation and also the list of documents they sent was efficient and top quality. 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