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Curtailment when abroad

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rshelar
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Curtailment when abroad

Post by rshelar » Tue Mar 19, 2019 11:27 pm

Hi,

Can someone advise if a spouse visa is curtailed due to divorce when the non settled spouse is abroad - is the visa curtailed immediately or is a period of time given. Can the spouse travel in that period of time to the UK?

Thanks

wahi66
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Re: Curtailment when abroad

Post by wahi66 » Wed Mar 20, 2019 12:03 am

the chances are very low if already outside UK.
if the official visa curtailment letter has been issued then obviously the visa has been cancelled. but the divorce is in process then might be chances however spouse is considered to be cancelled even if the separation period started.

you can apply new visa if any British child is involved.

rshelar
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Re: Curtailment when abroad

Post by rshelar » Wed Mar 20, 2019 9:21 am

Thanks, no children are involved.

I wanted to know if there is any 'buffer' period given during which the person can travel? Or is visa curtailed with immediate effect?

Can anyone advise

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CR001
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Re: Curtailment when abroad

Post by CR001 » Wed Mar 20, 2019 9:25 am

If you are abroad and HO have been notified of your breakdown of marriage etc, then a curtailment letter is not always sent as you have already left the UK and they will know this from the passenger information they get from airlines.

See last post in the link below.

uk-tier-2-employer-sponsored-visas/curt ... l#p1757715
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CR001
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Re: Curtailment when abroad

Post by CR001 » Wed Mar 20, 2019 9:25 am

Who is the question relating to as your previous posts suggest you are British and you and your spouse were potentially moving abroad for a long period?
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rshelar
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Re: Curtailment when abroad

Post by rshelar » Wed Mar 20, 2019 10:20 am

CR001 wrote:
Wed Mar 20, 2019 9:25 am
If you are abroad and HO have been notified of your breakdown of marriage etc, then a curtailment letter is not always sent as you have already left the UK and they will know this from the passenger information they get from airlines.

See last post in the link below.

uk-tier-2-employer-sponsored-visas/curt ... l#p1757715
Thank you for your help.

Curtailment letter was sent through email. as per the link, this was sent electronically because the non settled spouse was outside the UK and Home office would have known using flight information.

What I wanted to understand is the curtailment immediate? Is a buffer period given of certain days? Has anyone been in a similar situation?

This is for a friend who is British and wife is non EU national

Regards

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Re: Curtailment when abroad

Post by CR001 » Wed Mar 20, 2019 10:31 am

What dates does the curtailment email state the visa is curtailed to or does it state the visa is cancelled?

There is no 'buffer period'. You need to state what the email actually says. The dates HO gives are finite.
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Re: Curtailment when abroad

Post by rshelar » Wed Mar 20, 2019 10:49 am

I do not know what the email states other than the fact a curtailment email was sent when abroad.

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Re: Curtailment when abroad

Post by CR001 » Wed Mar 20, 2019 10:57 am

The person will almost certainly have difficulty in trying to re-enter the UK as the IO at the airport will see the visa has been curtailed and is no longer sponsor by a British citizen for a spouse visa.
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Re: Curtailment when abroad

Post by rshelar » Thu Mar 21, 2019 9:59 am

Thank you.

Can they travel even if the visa is curtailed to 60 days?

Regards

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Re: Curtailment when abroad

Post by CR001 » Thu Mar 21, 2019 10:00 am

It is risky and they are likely to be refused re-entry to the UK.
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Re: Curtailment when abroad

Post by seagul » Thu Mar 21, 2019 7:10 pm

rshelar wrote:
Thu Mar 21, 2019 9:59 am
Thank you.

Can they travel even if the visa is curtailed to 60 days?

Regards
No. 60 days curtailed visa simply facilitates the person to leave the country or justify his/her exceptional grounds/circumstances and suitability for switching into another category.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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