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Pregnant spouse visa holder held against her...

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huqqapani
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Pregnant spouse visa holder held against her...

Post by huqqapani » Tue Jun 08, 2021 7:34 pm

A female friend of mine, a Pakistani national with an initial 2.5 years spouse visa went to Pakistan in February this year with her hsuband. There, they had fallen out with each other and her beloved husband has taken my friend's (her wife's) passport and BRP. My friend is currently 6 month pregnant and wants to return to the UK to ensure safe remaining pregnancy and to not be out of country by November 2021, when her initial 2.5 year visa runs out.
A quick initial research shows that in absence of BRP she can re enter, by applying for a one-off 'replacement BRP Visa'. However even for that, would she need a new/replacement Pakistani passport? Or can she apply for an Emergency Travel Document (ETD) from Pakistan passport authority, to travel into the UK and then sort the Pakistani passport out in the Pakistan's embassy within the UK? In the latter scenario, would the UKBA be able to process the 'replacement BRP visa' application on ETD?
Any urgent answers to above or any general guidance on this matter would be appreciated as ny friend is obviously very stressed, which is not a good thing for, what would be her, first baby.

secret.simon
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Re: Pregnant spouse visa holder held against her...

Post by secret.simon » Tue Jun 08, 2021 9:45 pm

Is the husband of the Pakistani female friend a solely Pakistani citizen themselves or are they a dual British-Pakistani citizen?
huqqapani wrote:
Tue Jun 08, 2021 7:34 pm
can she apply for an Emergency Travel Document (ETD) from Pakistan passport authority,
While I am no expert on matters relating to Pakistani passports, to the best of my knowledge, an ETD can't be applied from within the country whose passport you hold. An ETD would be issued by the Pakistani diplomatic authorities when a Pakistani abroad loses their Pakistani passport, so that the Pakistani citizen can return to Pakistan to be able to apply for a new passport. When the Pakistani citizen is already in Pakistan, that rationale does not exist. I suspect your friend will need to apply for a Pakistani passport.
huqqapani wrote:
Tue Jun 08, 2021 7:34 pm
to not be out of country by November 2021, when her initial 2.5 year visa runs out.
Will she not have an issue with renewing her spousal visa if her husband is out of the UK and it is apparent that they are not in a subsisting relationship?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

huqqapani
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Re: Pregnant spouse visa holder held against her...

Post by huqqapani » Wed Jun 09, 2021 4:54 am

secret.simon wrote:
Tue Jun 08, 2021 9:45 pm
Is the husband of the Pakistani female friend a solely Pakistani citizen themselves or are they a dual British-Pakistani citizen?
he is a dual BC.
secret.simon wrote:
Tue Jun 08, 2021 9:45 pm
While I am no expert on matters relating to Pakistani passports, to the best of my knowledge, an ETD can't be applied from within the country whose passport you hold. An ETD would be issued by the Pakistani diplomatic authorities when a Pakistani abroad loses their Pakistani passport, so that the Pakistani citizen can return to Pakistan to be able to apply for a new passport. When the Pakistani citizen is already in Pakistan, that rationale does not exist. I suspect your friend will need to apply for a Pakistani passport.
i suspect that you are right, she can apply for an urgent service for passport thus hopefully reducing the overall time required.
secret.simon wrote:
Tue Jun 08, 2021 9:45 pm
Will she not have an issue with renewing her spousal visa if her husband is out of the UK and it is apparent that they are not in a subsisting relationship?
This is a fair point but right now mine and her priority is to get back in the UK (for the reasons given in the OP) which she is perfectly entitled to do until her visa expiry. I am sure that the visa extension past Nov 2021, is the least of her worry (at least for now).

huqqapani
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Re: Pregnant spouse visa holder held against her...

Post by huqqapani » Wed Jun 09, 2021 5:11 am

If she applies for a new passport, would that cause any issues with applying for a replacement BRP visa, as original visa would have been issued against the previous passport?

Kaykash
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Re: Pregnant spouse visa holder held against her...

Post by Kaykash » Wed Jun 09, 2021 7:55 pm

No doubt husband already wrote to UKVI to cancel visa already as his intentions were very clear .
So first check with UKVI that is visa still valid or already revoked

huqqapani
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Re: Pregnant spouse visa holder held against her...

Post by huqqapani » Thu Jun 10, 2021 4:37 am

Kaykash wrote:
Wed Jun 09, 2021 7:55 pm
No doubt husband already wrote to UKVI to cancel visa already as his intentions were very clear .
So first check with UKVI that is visa still valid or already revoked
it is a fair assumption, how do we contact UKVI for confirmation? i mean would they disclose this info on an email or a phone call? if yes, who can call on her behalf?

I must admit, i didnt realise that a UK national can cancel the previously approved visa before its expiry. My understanding was that he could prevent the extension to the first visa.

Kaykash
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Re: Pregnant spouse visa holder held against her...

Post by Kaykash » Thu Jun 10, 2021 8:52 am

Main sponsor can contact Ukvi very easily either himself or herself or via his or her proxy such as solicitor / lawyer to let ukvi know that marriage didn’t work and he or she doesn’t want to continue anymore specially in ur case as u r in ur home country so ukvi can revoke ur visa easily and stop ur entry in uk .

huqqapani
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Re: Pregnant spouse visa holder held against her...

Post by huqqapani » Thu Jun 10, 2021 10:13 am

Kaykash wrote:
Thu Jun 10, 2021 8:52 am
Main sponsor can contact Ukvi very easily either himself or herself or via his or her proxy such as solicitor / lawyer to let ukvi know that marriage didn’t work and he or she doesn’t want to continue anymore specially in ur case as u r in ur home country so ukvi can revoke ur visa easily and stop ur entry in uk .
too many if and buts in this. She is going to apply for the replacement BRP regardless, she has no other choice, other than, to remain in her home country which obviously she is not keen on. I would do the same.

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