curtailed spouse visa

Ecuador999 · Post by **Ecuador999** » Tue Oct 30, 2018 6:12 pm

I am from Ecuador and I came to live in the UK 8 months ago with a spouse visa as I am married to a British lady. But 3 months ago we were having lots of problems and I met another British lady and we got together... and she is now pregnant. When my wife found out about this, she throw me out of the house and told the HO that we are not together anymore. I went to live with my pregnant lady and we are now an oficial couple as we are preparing to get married. But now I got a curtail letter from the HO saying I have to leave the country whiting 60 days or apply for a different visa. I do not qualify for any other type of visa, but if I get divorce and marry my British pregnant lady, before the 60 days come to an end, would I be able to stay here in the UK? It is possible for me to get divorce and marry in my country in a matter of two weeks, thats not a problem, because that's how things work over there... so, would I be able to stay with my new wife and my unborn baby here, or do i have to leave at the end of the 60 days?

Casa · Post by **Casa** » Tue Oct 30, 2018 7:46 pm

Ecuador999 wrote: ↑
Tue Oct 30, 2018 6:12 pm
I am from Ecuador and I came to live in the UK 8 months ago with a spouse visa as I am married to a British lady. But 3 months ago we were having lots of problems and I met another British lady and we got together... and she is now pregnant. When my wife found out about this, she throw me out of the house and told the HO that we are not together anymore. I went to live with my pregnant lady and we are now an oficial couple as we are preparing to get married. But now I got a curtail letter from the HO saying I have to leave the country whiting 60 days or apply for a different visa. I do not qualify for any other type of visa, but if I get divorce and marry my British pregnant lady, before the 60 days come to an end, would I be able to stay here in the UK? It is possible for me to get divorce and marry in my country in a matter of two weeks, thats not a problem, because that's how things work over there... so, would I be able to stay with my new wife and my unborn baby here, or do i have to leave at the end of the 60 days?

You have no chance of divorcing and re-marrying in the UK within 60 days.
1. You are married to a British citizen and British law applies. In the UK you are unable to divorce until you have been married for 1 year.
2. You don't appear to have any grounds to divorce your wife as you are considered to be the 'guilty' party having entered into a relationship with another woman (adultery).
3. If your wife chooses not to petition for a divorce you won't be able to divorce for 5 years after separation.
4. In order to re-marry in the UK (after divorce) you would have to register with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the standard 28 days to 70 days, in order to interview you both before the marriage can take place. As you have already been served with a 60 day departure notice, permission is likely to be refused.
5. A pregnant partner or later the birth of a child, doesn't give you automatic right to remain in the UK and in the circumstances of a cancelled Spouse visa after such a short time, the Case Worker may well take the view that you can settle together as a family in your Home Country.
4. If you choose to ignore the 60 day curtailment notice and remain in the UK, you will have no legal status without the right to work, rent accommodation, hold a bank account or a driving licence.

Ecuador999 · Post by **Ecuador999** » Wed Oct 31, 2018 5:43 pm

I understand what you say about divorcing my british wife in the UK, however, I can go to my country and get divorced over there, (as we married in Ecuador), and also soon after divorce, I can remarry my new lady over there, all of that in a matter of 2 weeks, bacause as i said, thats how the law works over there. My question is... if doing so whithing the 60 days curtailment time... would I be able to stay in the UK, because I will be then married to another British lady?

seagul · Post by **seagul** » Wed Oct 31, 2018 7:09 pm

Ecuador999 wrote: ↑
Wed Oct 31, 2018 5:43 pm
I can remarry my new lady over there, all of that in a matter of 2 weeks, bacause as i said, thats how the law works over there.

I think 60 days are just given to pack up and leave voluntarily instead using these grace days as leave to enter.

Casa · Post by **Casa** » Wed Oct 31, 2018 7:39 pm

It's not where the marriage took place, it depends on your country of domicile of both you and your British wife, which in your case is the UK.

Ecuador999 · Post by **Ecuador999** » Wed Oct 31, 2018 8:22 pm

but if I marry my pregnant new partner in my country, this marriage will be recognised in the UK, as it was my previous/current one. So could I stay?

physicskate · Post by **physicskate** » Wed Oct 31, 2018 8:47 pm

Ecuador999 wrote: ↑
Wed Oct 31, 2018 8:22 pm
but if I marry my pregnant new partner in my country, this marriage will be recognised in the UK, as it was my previous/current one. So could I stay?

But the issue is that both you and your wife live in the UK. You must use the divorce laws for the UK.

Not sure how that works if you depart the UK and move back to Ecuador (or another country) and then decide to divorce.

Bottom line is you should expect to leave the UK, at least temporarily.

Casa · Post by **Casa** » Wed Oct 31, 2018 8:56 pm

Assuming you have been able to divorce and then marry your new partner in Ecuador, you would have no valid visa on which to return to the UK. However, physicskate and I are in agreement that you will only be able to divorce in the UK under British law.

You would have to apply for a Spouse Settlement visa from Ecuador and meet all the conditions. Your new wife would have to submit evidence of a minimum income of £18,600 p.a. If she isn't employed you would need £62,500 in savings, held in an accessible account for at least 6 months.

In fact, the same requirements that you were required to meet when you were sponsored 8 months ago by the wife you now want to divorce.

Pregnancy won't guarantee any right to settle in the UK with your new wife and with a Spouse visa which has been cancelled by the Home Office, your plan of a 'quick' fix a divorce and re-marriage in order to gain re-entry into the UK in my honest opinion, stands a slim chance of succeeding.

Ecuador999 · Post by **Ecuador999** » Thu Nov 01, 2018 10:39 am

I dont know why you insist in saying that I have to get a divorce in the UK just because my wife it British. We married in my country and we can get divorce over there, in fact I dont even have to get out of the UK to go to Ecuador to get divorced, I can pay lawyer service to represent me for my divorce over there, and as my wife is not a Ecuador citizen and we have no children or assets together this will be done very quickly. So with the divorce certificate on hand and 28 days notice on a registry office in the UK I can marry my new British lady in the UK before the 60 days curtailment time. Right?

We, (me and my new British partner), just want to be happy together in here, we are expecting a baby, I dont think human rights would approbe separating me from my child...?

seagul · Post by **seagul** » Thu Nov 01, 2018 12:11 pm

seagul wrote: ↑
Wed Oct 31, 2018 7:09 pm
60 days are just given to pack up and leave voluntarily instead using these grace days as leave to enter/leave to remain.

physicskate · Post by **physicskate** » Thu Nov 01, 2018 1:49 pm

Ecuador999 wrote: ↑
Thu Nov 01, 2018 10:39 am
I dont know why you insist in saying that I have to get a divorce in the UK just because my wife it British. We married in my country and we can get divorce over there, in fact I dont even have to get out of the UK to go to Ecuador to get divorced, I can pay lawyer service to represent me for my divorce over there, and as my wife is not a Ecuador citizen and we have no children or assets together this will be done very quickly. So with the divorce certificate on hand and 28 days notice on a registry office in the UK I can marry my new British lady in the UK before the 60 days curtailment time. Right?

We, (me and my new British partner), just want to be happy together in here, we are expecting a baby, I dont think human rights would approbe separating me from my child...?

We are 'insisting' on getting divorced in the UK because you are both resident in the UK and therefore subject to UK law!!! There are very specific laws about timelines of getting divorced in the UK, and you will need to abide by them because you have CHOSEN to make this country your home - you therefore must abide by its laws! Flaunting the rules will not do you any favours on this board or in the UK in general. You aren't in Ecuador, and even if Ecuadorian law applies, SO DOES UK LAW!!!

Might you be able to get an annulment??

Human rights says you can live with your family - but it need not be in the UK. Is there a lawful reason why your new 'partner' can't relocate to your home country other than not wanting to?

Casa · Post by **Casa** » Thu Nov 01, 2018 2:08 pm

Further to Physickate's advice, you may well be able to obtain a divorce in Ecuador, but it won't be recognised under British law (or the Home Office) and as has already been explained several times, you and your British wife are domicile in the UK.
See case law below:
“Domicile abandonment only takes place when the person has left the country with no further intention of ever residing there again.[/b][/i]

I strongly suggest you seek the advice of the legal advisor specialising in Family law.

Your timescale is unrealistic if you believe you will be able to obtain a 'quick' divorce, obtain Home Office approval to marry without the registration period being extended to 70 days and attending an HO interview....all within the period of the 60 day curtailment notice

As has been advised previously, the Home Office are highly likely to decide that you can settle as a family in your home country. Read through the numerous posts on the forum where families are living apart due to not meeting the conditions in the Immigration Rules.

Ecuador999 · Post by **Ecuador999** » Fri Nov 02, 2018 9:56 am

where can I see this...? See case law below:
“Domicile abandonment only takes place when the person has left the country with no further intention of ever residing there again.[/b][/i]
And why is this related? I dont understand what you mean... I havent left Ecuador forever, and I have no intention of abandon the UK either.

Casa · Post by **Casa** » Fri Nov 02, 2018 1:50 pm

Ecuador999 wrote: ↑
Fri Nov 02, 2018 9:56 am
where can I see this...? See case law below:
“Domicile abandonment only takes place when the person has left the country with no further intention of ever residing there again.[/b][/i]
And why is this related? I dont understand what you mean... I havent left Ecuador forever, and I have no intention of abandon the UK either.

Google it.

Domicile and Matrimonial Proceedings Act 1973 (DMPA 1973) (jurisdiction disputes within the related jurisdictions of England and Wales, Scotland, Northern Ireland, Jersey, Guernsey, Alderney, Sark and the Isle of Man).

How much time do you have left before the 60 day curtailment notice expires?

Richard W · Post by **Richard W** » Sat Nov 03, 2018 12:07 am

Ecuador999 wrote: ↑
Fri Nov 02, 2018 9:56 am
And why is this related? I dont understand what you mean... I havent left Ecuador forever, and I have no intention of abandon the UK either.

Your spouse visa was granted on the basis of

Immigration Rule E-ECP.2.10 wrote:The applicant and partner must intend to live together permanently in the UK.

Are you saying it should not have been granted?

Appeal32011 · Post by **Appeal32011** » Tue May 21, 2019 5:12 pm

The advise given on this thread seem to be condescending, narrow-minded and paternalistic, as usual.

Equator999, What was the outcome of your case?

Casa · Post by **Casa** » Tue May 21, 2019 5:28 pm

Appeal32011 wrote: ↑
Tue May 21, 2019 5:12 pm
The advise given on this thread seem to be condescending, narrow-minded and paternalistic, as usual.

Equator999, What was the outcome of your case?

Equador999 hasn't visited the forum since Nov 27, 2018

Jhelumi · Post by **Jhelumi** » Tue May 21, 2019 7:01 pm

Hello,

I don't think the OP realised that his first wife sponsored his visa to the UK and this sponsorship cannot be shifted to the second wife the way he was planning

physicskate · Post by **physicskate** » Wed May 22, 2019 10:02 am

Jhelumi wrote: ↑
Tue May 21, 2019 7:01 pm
Hello,

I don't think the OP realised that his first wife sponsored his visa to the UK and this sponsorship cannot be shifted to the second wife the way he was planning

Coincidentally, that was the advice he was given... just saying!

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