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Change category after receiving curtailment letter

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ravizma
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Posts: 2
Joined: Thu Jan 31, 2019 5:38 pm
India

Change category after receiving curtailment letter

Post by ravizma » Thu Jan 31, 2019 6:01 pm

Hello all,

I will keep it as simple as I can. It's an odd one:

- I have been in the UK for 8.5 years.
- My spouse visa (FLR-M) was renewed last year and I was on a valid visa till 24th Aug 2020.
- My wife (now ex) and I separated in May 2018.
- I was in an unfortunate fight with her brother and I ended up punching him. Police was called and long story short - I pleaded guilty and I was sentenced to 80 hours of community service. I have completed this time of unpaid work.
- While I was in the police station, my ex and her family took everything - including my passport, BRP and all graduation and masters certificates. (PS: I am not complaining or moaning about it. It is a fact that will assist you to help me. Thank you for reading thus far)
- My ex reported to the homeoffice about our separation and I received a letter of curtailment on the 10th Jan 2019 (this month) ending my stay with immediate effect.
- I run a business and I have raised more than 300,000 in investment in the last year
- I called voluntary return service on the day I received the letter (14th Jan) and told them that even if I have to leave the country, I will need my passport - Which is also the case if I were to apply in a new category.
- They suggested that I can get an emergency travel document. I can return to India and make a fresh application (entrepreneur visa) - after I get a new passport there.
- I was adviced that I can stay up to 30 days and it won't count as me overstaying and there will no travel ban. They also sent this in an email.
- However, today Indian embassy has issued me a replacement passport.

Now - my question is really simple. Can I apply for a new visa while I am in the UK (and within these 30 days)?

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seagul
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Joined: Thu Nov 12, 2015 11:23 am
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Re: Change category after receiving curtailment letter

Post by seagul » Thu Jan 31, 2019 9:47 pm

ravizma wrote:
Thu Jan 31, 2019 6:01 pm


Now - my question is really simple. Can I apply for a new visa while I am in the UK (and within these 30 days)?
Curtailment letter must state that.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ravizma
Newly Registered
Posts: 2
Joined: Thu Jan 31, 2019 5:38 pm
India

Re: Change category after receiving curtailment letter

Post by ravizma » Sat Feb 16, 2019 1:01 pm

Thank you. It was helpful. The letter did say that if there is a reason for me to stay then I should tell them / make a new application, which I did within 30 days.

My question now is - Can I work while my application is being processed?

Thank you very much for your help peeps.

Best regards

vinny
Moderator
Posts: 32803
Joined: Tue Sep 25, 2007 7:58 pm

Re: Change category after receiving curtailment letter

Post by vinny » Sat Feb 16, 2019 1:22 pm

Unfortunately, you cannot switch from FLR(M) under Appendix FM to Tier 1 (Entrepreneur) from within the UK, as 245DD.(e) fails.

You may work under Section 3C before they refuse your application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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