ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Reversal of Curtailment of Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Reversal of Curtailment of Spouse Visa

Post by poundworld » Thu May 06, 2021 2:40 pm

Hi everyone

Hoping someone could help me out please.

My wife came over in 2019 on a spouse visa.

Recently she was subject to emotional and domestic abuse from my family members therefore we had to flee our family home.

I had no choice so asked for help from a local charity/womens refuge and she was taken into their care.

I was able to find alternative accommodation during the first 48 hours and my wife came back to me

However the charity had already made an application in the first 48 hours without her consent for ILR through the Domestic Violence route online during her time in their care.

My understanding is that this can only be applicable if her relationship has broken down with me, which we both confirm hasn't.

We have been notified by the charity's support worker today that her existing Visa has been cancelled and a new BRP has been issued in regards to this application.

How do we go about reversing this Curtailment/Cancellation of her Spouse Visa?

User avatar
CR001
Moderator
Posts: 86832
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Reversal of Curtailment of Spouse Visa

Post by CR001 » Thu May 06, 2021 3:42 pm

Why not wait to see what this new brp states first???

If another visa or ilr has been granted, you cannot change back or reinstate a previous visa
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Sat May 15, 2021 9:45 am

I have recieved a BRP, its states "Leave to Remain" outside rules, for 3 months

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Reversal of Curtailment of Spouse Visa

Post by Djsuccess » Thu May 20, 2021 11:34 am

poundworld wrote:
Sat May 15, 2021 9:45 am
I have recieved a BRP, its states "Leave to Remain" outside rules, for 3 months
3 months or 30 months?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Reversal of Curtailment of Spouse Visa

Post by Djsuccess » Thu May 20, 2021 11:39 am

poundworld wrote:
Thu May 06, 2021 2:40 pm
However the charity had already made an application in the first 48 hours without her consent for ILR through the Domestic Violence route online during her time in their care.
Where did the charity get the information they used to apply for the ILR? I am sure they would have needed a lot of information which someone provided to them to make such an application.

You might need to check what information they used in the application to be sure the domestic violence has not been registered against you as the spouse of the applicant.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Sun May 23, 2021 1:38 pm

I now understand what they have done.

They have submitted a DDV Concession Application to the home office to access public funds.

So her current Spouse visa is cancelled and a 3 month visa is issued.

The individual then has 3 months to apply through the ILR domestic violence route.

Which she is ineligible for as we are still in a relationship with each other.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Sun May 23, 2021 2:39 pm

How do I go about reversing a DDV concession application??

Which department at the Home Office do I contact?

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Reversal of Curtailment of Spouse Visa

Post by TODMATT » Sun May 23, 2021 3:51 pm

poundworld wrote:
Sun May 23, 2021 1:38 pm
I now understand what they have done.

They have submitted a DDV Concession Application to the home office to access public funds.

So her current Spouse visa is cancelled and a 3 month visa is issued.

The individual then has 3 months to apply through the ILR domestic violence route.

Which she is ineligible for as we are still in a relationship with each other.
The charity organisation has made the situation complex.

Either she go ahead and apply for DV solely by herself or contact her MP to intervene in this regard to see if they can to HO in order to see what can be done or apply for FLR M with explanation of what has transpired between both of you. I will also seek for legal advice.
My opinions should not be constituted as an immigration or legal advice.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Reversal of Curtailment of Spouse Visa

Post by manci » Sun May 23, 2021 4:20 pm

poundworld wrote:
Sun May 23, 2021 2:39 pm
Which department at the Home Office do I contact?
You'll find the HO address here:
https://assets.publishing.service.gov.u ... 9-user.pdf

To fully understand the situation one would need:
1. copy of the DDV Concession application
2. The HO decision letter
Personal opinion, not professional or legal advice

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Reversal of Curtailment of Spouse Visa

Post by Djsuccess » Sun May 23, 2021 6:27 pm

poundworld wrote:
Sun May 23, 2021 1:38 pm
I now understand what they have done.

They have submitted a DDV Concession Application to the home office to access public funds.

So her current Spouse visa is cancelled and a 3 month visa is issued.

The individual then has 3 months to apply through the ILR domestic violence route.

Which she is ineligible for as we are still in a relationship with each other.

I don't think she can go ahead with ILR Domestic Violence route if the domestic violence is not against her husband. The husband was the sponsor for the previous spouse visa and based on your other posts, you were preparing to apply for her ILR as she will be completing 5 years on a spouse visa soon. To my understanding, the sponsoring spouse is responsible for providing accommodation for his spouse, and I guess you would have needed to provide evidence in previous applications. If the domestic violence was from the extended family members, I think the HO would ask more questions. So I don't think ILR DV is the right route. I would also expect that the HO will share information with other government agency, it is therefore important to know exactly what was filled in the DDV concession application and then see you can rectify the error. If your spouse is not able to get ILR, and she settles for FLR(M) or FLR(FP), I believe it might reset her LR time.
Indeed you might need legal advice.
You and your wife might also want to do SAR to the HO to see what information they on record for you.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Sun May 23, 2021 7:17 pm

She is adamant that she has not signed or gave any consent in respect to a DDV Concession Application, so how have the refuge/charity been able to submit such an application?

Does a registered charity or refuge have some form of internal link or Portal with the Home Office?

I am looking to get the MP and Police involved, however as you have advised it might be best to do a SAR and find out what they have put in the DDR concession application form

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Sun May 23, 2021 10:10 pm

manci wrote:
Sun May 23, 2021 4:20 pm
poundworld wrote:
Sun May 23, 2021 2:39 pm
Which department at the Home Office do I contact?
You'll find the HO address here:
https://assets.publishing.service.gov.u ... 9-user.pdf

To fully understand the situation one would need:
1. copy of the DDV Concession application
2. The HO decision letter
I will look at getting these documents from the charity/refuge that has submitted the application tomorrow and see what has been stated

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Reversal of Curtailment of Spouse Visa

Post by Djsuccess » Sun May 23, 2021 10:26 pm

poundworld wrote:
Sun May 23, 2021 10:10 pm
manci wrote:
Sun May 23, 2021 4:20 pm
poundworld wrote:
Sun May 23, 2021 2:39 pm
Which department at the Home Office do I contact?
You'll find the HO address here:
https://assets.publishing.service.gov.u ... 9-user.pdf

To fully understand the situation one would need:
1. copy of the DDV Concession application
2. The HO decision letter
I will look at getting these documents from the charity/refuge that has submitted the application tomorrow and see what has been stated
While waiting for the information from the charity, you can have a look at the DDV notification form

https://assets.publishing.service.gov.u ... 9-user.pdf
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Sun May 23, 2021 10:58 pm

Djsuccess wrote:
Sun May 23, 2021 10:26 pm
poundworld wrote:
Sun May 23, 2021 10:10 pm
manci wrote:
Sun May 23, 2021 4:20 pm
poundworld wrote:
Sun May 23, 2021 2:39 pm
Which department at the Home Office do I contact?
You'll find the HO address here:
https://assets.publishing.service.gov.u ... 9-user.pdf

To fully understand the situation one would need:
1. copy of the DDV Concession application
2. The HO decision letter
I will look at getting these documents from the charity/refuge that has submitted the application tomorrow and see what has been stated
While waiting for the information from the charity, you can have a look at the DDV notification form

https://assets.publishing.service.gov.u ... 9-user.pdf
I have had a look at the form, it explains the procedure precisely and asks for detailed answers in a few sections, it clearly states the eligibility main one being the breakdown of a relationship with your partner.

It is a form that should really be completed by the individual not the charity/refuge, however in some circumstances they can help to get this filled out, but it my case they have sent this off without my wifes knowledge or consent that's the worst thing about it.

Due to the complex nature I think im going to have to contact the MP, and also seek legal advice

In my situation my wife is denying any knowledge and signing any form in respect to this, therefore my case is quite complex, I think I definitely need to seek legal advice and get in contact with my local MP

AmazonianX
Respected Guru
Posts: 7309
Joined: Tue Jun 11, 2019 1:09 pm

Re: Reversal of Curtailment of Spouse Visa

Post by AmazonianX » Mon May 24, 2021 2:57 am

poundworld wrote:
Sun May 23, 2021 10:58 pm
Djsuccess wrote:
Sun May 23, 2021 10:26 pm
poundworld wrote:
Sun May 23, 2021 10:10 pm
manci wrote:
Sun May 23, 2021 4:20 pm
poundworld wrote:
Sun May 23, 2021 2:39 pm
Which department at the Home Office do I contact?
You'll find the HO address here:
https://assets.publishing.service.gov.u ... 9-user.pdf

To fully understand the situation one would need:
1. copy of the DDV Concession application
2. The HO decision letter
I will look at getting these documents from the charity/refuge that has submitted the application tomorrow and see what has been stated
While waiting for the information from the charity, you can have a look at the DDV notification form

https://assets.publishing.service.gov.u ... 9-user.pdf
I have had a look at the form, it explains the procedure precisely and asks for detailed answers in a few sections, it clearly states the eligibility main one being the breakdown of a relationship with your partner.

It is a form that should really be completed by the individual not the charity/refuge, however in some circumstances they can help to get this filled out, but it my case they have sent this off without my wifes knowledge or consent that's the worst thing about it.

Due to the complex nature I think im going to have to contact the MP, and also seek legal advice

In my situation my wife is denying any knowledge and signing any form in respect to this, therefore my case is quite complex, I think I definitely need to seek legal advice and get in contact with my local MP
Indeed going to be complex.
However before proceeding with any action towards redeeming your name and taking the charity on do clarify and be sure your wife didn't sign any thing stated in the DDV procedures or give authorisation to the charity to proceed with steps on her behalf.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Mon May 24, 2021 7:01 am

AmazonianX wrote:
Mon May 24, 2021 2:57 am
poundworld wrote:
Sun May 23, 2021 10:58 pm
Djsuccess wrote:
Sun May 23, 2021 10:26 pm
poundworld wrote:
Sun May 23, 2021 10:10 pm
manci wrote:
Sun May 23, 2021 4:20 pm
poundworld wrote:
Sun May 23, 2021 2:39 pm
Which department at the Home Office do I contact?
You'll find the HO address here:
https://assets.publishing.service.gov.u ... 9-user.pdf

To fully understand the situation one would need:
1. copy of the DDV Concession application
2. The HO decision letter
I will look at getting these documents from the charity/refuge that has submitted the application tomorrow and see what has been stated
While waiting for the information from the charity, you can have a look at the DDV notification form

https://assets.publishing.service.gov.u ... 9-user.pdf
I have had a look at the form, it explains the procedure precisely and asks for detailed answers in a few sections, it clearly states the eligibility main one being the breakdown of a relationship with your partner.

It is a form that should really be completed by the individual not the charity/refuge, however in some circumstances they can help to get this filled out, but it my case they have sent this off without my wifes knowledge or consent that's the worst thing about it.

Due to the complex nature I think im going to have to contact the MP, and also seek legal advice

In my situation my wife is denying any knowledge and signing any form in respect to this, therefore my case is quite complex, I think I definitely need to seek legal advice and get in contact with my local MP
Indeed going to be complex.
However before proceeding with any action towards redeeming your name and taking the charity on do clarify and be sure your wife didn't sign any thing stated in the DDV procedures or give authorisation to the charity to proceed with steps on her behalf.
she strongly confirms no consent was given and she didn't sign any documentation what so ever, so I think iv got strong grounds for prosecution, as the DDV concession form requires the Applicant Declaration in the form of a "Applicants Signature" so I don't know who has signed this

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Reversal of Curtailment of Spouse Visa

Post by secret.simon » Mon May 24, 2021 7:13 am

If the form was filled in in your wife's name, she should be able to apply for a SAR with the Home Office. They will generally send across a photocopy/printout of the scanned documents of all the documents received in her name. That should show whose signature is present on the forms.
poundworld wrote:
Mon May 24, 2021 7:01 am
I think iv got strong grounds for prosecution
This is not the US. You don't prosecute somebody. You complain to the police. The police and the Crown Prosecution Service decide whether a prosecution is called for.
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.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Mon May 24, 2021 7:19 am

secret.simon wrote:
Mon May 24, 2021 7:13 am
If the form was filled in in your wife's name, she should be able to apply for a SAR with the Home Office. They will generally send across a photocopy/printout of the scanned documents of all the documents received in her name. That should show whose signature is present on the forms.
poundworld wrote:
Mon May 24, 2021 7:01 am
I think iv got strong grounds for prosecution
This is not the US. You don't prosecute somebody. You complain to the police. The police and the Crown Prosecution Service decide whether a prosecution is called for.
Obviously I know its not the US, I have already notified the Police, I can appoint a legal representative to investigate the case if there has been any misrepresentation taken place, and get them to work alongside the Police.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Mon May 24, 2021 9:32 am

Right everyone!

I have some further clarification.

The charity have come back and said the form was submitted by email and a digital signature was printed on the form, not a actual physical signature by hand.

I am due to receive a copy of the DDV application form, along with the decision letter from HO by email today or tomorrow so ill keep you all updated.

AmazonianX
Respected Guru
Posts: 7309
Joined: Tue Jun 11, 2019 1:09 pm

Re: Reversal of Curtailment of Spouse Visa

Post by AmazonianX » Mon May 24, 2021 12:14 pm

poundworld wrote:
Mon May 24, 2021 9:32 am
Right everyone!

I have some further clarification.

The charity have come back and said the form was submitted by email and a digital signature was printed on the form, not a actual physical signature by hand.

I am due to receive a copy of the DDV application form, along with the decision letter from HO by email today or tomorrow so ill keep you all updated.
Alright please do update, there is keen interest in this.

Korekt
Senior Member
Posts: 685
Joined: Tue May 21, 2019 10:02 am
Mood:
Nigeria

Re: Reversal of Curtailment of Spouse Visa

Post by Korekt » Wed May 26, 2021 8:59 am

poundworld wrote:
Mon May 24, 2021 9:32 am
Right everyone!

I have some further clarification.

The charity have come back and said the form was submitted by email and a digital signature was printed on the form, not a actual physical signature by hand.
poundworld wrote:
Sun May 23, 2021 7:17 pm
She is adamant that she has not signed or gave any consent in respect to a DDV Concession Application, so how have the refuge/charity been able to submit such an application?
Have you raised the highlighted bit above with the charity?
What did they say?
"Facts are sacred. Opinions are free."

User avatar
Djsuccess
Diamond Member
Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Reversal of Curtailment of Spouse Visa

Post by Djsuccess » Wed May 26, 2021 9:17 am

Korekt wrote:
Wed May 26, 2021 8:59 am
poundworld wrote:
Mon May 24, 2021 9:32 am
Right everyone!

I have some further clarification.

The charity have come back and said the form was submitted by email and a digital signature was printed on the form, not a actual physical signature by hand.
poundworld wrote:
Sun May 23, 2021 7:17 pm
She is adamant that she has not signed or gave any consent in respect to a DDV Concession Application, so how have the refuge/charity been able to submit such an application?
Have you raised the highlighted bit above with the charity?
What did they say?
Probably the OP has more to settle/clarify internally first
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Reversal of Curtailment of Spouse Visa

Post by TODMATT » Wed May 26, 2021 8:43 pm

I think the charity applied for a short term leave under the destitute domestic violence concession as a first step which is usually granted for 3 months which will allow the applicants to claim public funds.

https://assets.publishing.service.gov.u ... n-v1_0.pdf
My opinions should not be constituted as an immigration or legal advice.

poundworld
Newly Registered
Posts: 28
Joined: Fri Mar 20, 2020 6:26 pm
Pakistan

Re: Reversal of Curtailment of Spouse Visa

Post by poundworld » Tue Jun 01, 2021 8:36 pm

Korekt wrote:
Wed May 26, 2021 8:59 am
poundworld wrote:
Mon May 24, 2021 9:32 am
Right everyone!

I have some further clarification.

The charity have come back and said the form was submitted by email and a digital signature was printed on the form, not a actual physical signature by hand.
poundworld wrote:
Sun May 23, 2021 7:17 pm
She is adamant that she has not signed or gave any consent in respect to a DDV Concession Application, so how have the refuge/charity been able to submit such an application?
Have you raised the highlighted bit above with the charity?
What did they say?
Yeah I made them aware of this and they were saying its standard procedure for them to apply for this, but as far as I am concerned they cannot fill out and submit this form to the HO, only the applicant can do this, they can help fill it out, but its up to the individual to apply for this.

Anyway my wife has contacted the HO directly and they have listened.

they are in the process of cancelling the DDV concession BRP and reinstating her spousal leave.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Reversal of Curtailment of Spouse Visa

Post by TODMATT » Tue Jun 01, 2021 8:51 pm

poundworld wrote:
Tue Jun 01, 2021 8:36 pm
Korekt wrote:
Wed May 26, 2021 8:59 am
poundworld wrote:
Mon May 24, 2021 9:32 am
Right everyone!

I have some further clarification.

The charity have come back and said the form was submitted by email and a digital signature was printed on the form, not a actual physical signature by hand.
poundworld wrote:
Sun May 23, 2021 7:17 pm
She is adamant that she has not signed or gave any consent in respect to a DDV Concession Application, so how have the refuge/charity been able to submit such an application?
Have you raised the highlighted bit above with the charity?
What did they say?
Yeah I made them aware of this and they were saying its standard procedure for them to apply for this, but as far as I am concerned they cannot fill out and submit this form to the HO, only the applicant can do this, they can help fill it out, but its up to the individual to apply for this.

Anyway my wife has contacted the HO directly and they have listened.

they are in the process of cancelling the DDV concession BRP and reinstating her spousal leave.
That's good to hear. I hope everything goes well with you guys.
My opinions should not be constituted as an immigration or legal advice.

Locked
cron