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Tier 2 Dependant Visa cancellation/Curtailment after Divorce

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Mo2018
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United Kingdom

Tier 2 Dependant Visa cancellation/Curtailment after Divorce

Post by Mo2018 » Tue Aug 28, 2018 9:54 pm

Hi
I am in a very complicated and stressed situation in terms of my legal stay in the UK, any help will be greatly valuable and appriciated.
I am on Tier 2 dependant visa and my ILR is due in July 2019. My partner decided to end our marriage ASAP and file for divorce. We both have come to a mutual agreement that we will file for Divorce for good. I would like to when does my visa will be cancelled once it is reported to Home Office or we file for divorce in court.
After informing to HO is there any way I can extend my stay for another 10 months when I will be qualified for ILR on 10yrs route?
There is myth that I can delay my visa curtailement or try to the process even after signing the divorce petition to continue my legal stay toward ILR !?
Would I be allowed to in-country-switch if I find a sponsor on Tier 2 General ?

Thanks and Regards

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CR001
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Re: Tier 2 Dependant Visa cancellation/Curtailment after Divorce

Post by CR001 » Wed Aug 29, 2018 10:52 am

when does my visa will be cancelled once it is reported to Home Office or we file for divorce in court.
When you notify HO on the prescribed form, see link below. Your divorce process is completely separate irrelevant to your divorce process. How long HO takes to inform you of your visa curtailment varies. Some get notified within weeks others it takes months.

https://www.gov.uk/government/publicati ... nsent-form
After informing to HO is there any way I can extend my stay for another 10 months when I will be qualified for ILR on 10yrs route?
Depends what visa you believe you qualify for.
There is myth that I can delay my visa curtailement or try to the process even after signing the divorce petition to continue my legal stay toward ILR !?
Your court process for divorce has nothing to do with the obligation you have to inform HO that the relationship is no longer subsisting. You should also look at the Set(LR) form, it asks for marriage details and evidence or documentation etc (seems a new addition).
Would I be allowed to in-country-switch if I find a sponsor on Tier 2 General ?
No. You have to apply from your home country.
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.

Mo2018
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Posts: 3
Joined: Tue Aug 28, 2018 9:33 pm
United Kingdom

Re: Tier 2 Dependant Visa cancellation/Curtailment after Divorce

Post by Mo2018 » Fri Aug 31, 2018 10:58 pm

Thank You

Mo2018
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Posts: 3
Joined: Tue Aug 28, 2018 9:33 pm
United Kingdom

Re: Tier 2 Dependant Visa cancellation/Curtailment after Divorce

Post by Mo2018 » Sun Sep 02, 2018 7:13 pm

Hi CR001
If I go and apply from home country to return within 6 months with a new visa (eg. Tier 2 General) how will this effect on my continous stay towards 10 years Long residency application.

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CR001
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Re: Tier 2 Dependant Visa cancellation/Curtailment after Divorce

Post by CR001 » Sun Sep 02, 2018 8:15 pm

If you leave with a valid visa and return to the UK within 180 days with a new visa, it has no effect on 10 years long residence ILR.
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.

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