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

Curtailment and access to courts

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

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

Locked
Osol
Newly Registered
Posts: 12
Joined: Wed Apr 04, 2018 4:28 pm
United Arab Emirates

Curtailment

Post by Osol » Mon Nov 19, 2018 4:28 pm

How long does curtailment take once HO have been informed of end of a relationship?

Anyone with inform or experience.
I am aware that likely no one has exact time frame just wondered if there are guidelines or people with such experiences.
Also If report is made whilst the person is out of the country would they be able to return back into the uk?

User avatar
Londoner007
Diamond Member
Posts: 1651
Joined: Mon Feb 13, 2017 9:29 am

Re: Curtailment

Post by Londoner007 » Mon Nov 19, 2018 4:35 pm

No time period at all, if at all they will curtail it.

The obligation is on the sponsor to inform that relationship has ended. It is then up to Home Office what to do next. They will no longer update the ex-sponsor of the outcome of the case.

It all depends on the circumstances and sometimes the applicant can remain in UK via other visa routes.

I have seen curtailments happening within weeks and months to year - all cases are different and unique.

If they are abroad they may still be able to enter UK because curtailment doesn't happen instantly, it has to go through a judge.
Verily, After Hardship Comes Ease

kamsi
Member
Posts: 119
Joined: Fri Aug 12, 2016 6:53 am
Mood:
United Kingdom

Re: Curtailment

Post by kamsi » Tue Nov 20, 2018 3:51 am

Once the HO has been informed curtailment can happen any time depending on how busy they are. It would never take years for this to happen. In my opinion it could be a matter of weeks or a couple of months.

When leave to remain is curtailed the person would not be able to appeal it.

If leave is curtailed when the person is abroad the person will not be able to enter into the country.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Curtailment

Post by vinny » Tue Nov 20, 2018 5:46 am

Curtailment does not have to go through a judge.

If leave is curtailed while outside the UK, then cannot return on it.
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.

Osol
Newly Registered
Posts: 12
Joined: Wed Apr 04, 2018 4:28 pm
United Arab Emirates

Curtailment and access to courts

Post by Osol » Wed Jan 30, 2019 11:29 am

Hi guys.. this maybe slightly difficult question but any information or advise will be appreciated.

I acted as a sponsor for my ex on flr application after 4 months I wrote to curtailment team as we are no longer together and never really lived together anyway.

We have a child together. When I said I was inform the HO of us no longer being in a relationship, he stated that he would take me to court. What that meant was that he would do so so that he would gain his stay through our child who he doesn’t even bother for much with and I would be greatly concerned about him having her over at his place if I’m not there. He isn’t attentive and is always Ona gadget or sleeping when visiting so I wouldn’t want to imagine what harm she may come to if I’m not there.

What are the chances he can apply to court and I would be summoned if his visa is curtailed? I don’t care much what he does with himself and am happy for him to maintain contact with our daughter but jus not him having her over to be able to gain a stay when he has never done it and has proven to potentially be incapable of doing this.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Curtailment and access to courts

Post by physicskate » Wed Jan 30, 2019 11:47 am

Osol wrote:
Wed Jan 30, 2019 11:29 am
Hi guys.. this maybe slightly difficult question but any information or advise will be appreciated.

I acted as a sponsor for my ex on flr application after 4 months I wrote to curtailment team as we are no longer together and never really lived together anyway.

We have a child together. When I said I was inform the HO of us no longer being in a relationship, he stated that he would take me to court. What that meant was that he would do so so that he would gain his stay through our child who he doesn’t even bother for much with and I would be greatly concerned about him having her over at his place if I’m not there. He isn’t attentive and is always Ona gadget or sleeping when visiting so I wouldn’t want to imagine what harm she may come to if I’m not there.

What are the chances he can apply to court and I would be summoned if his visa is curtailed? I don’t care much what he does with himself and am happy for him to maintain contact with our daughter but jus not him having her over to be able to gain a stay when he has never done it and has proven to potentially be incapable of doing this.
Access would be determined by the courts! It might be supervised or unsupervised. It might be weekly or fortnightly (or a different pattern altogether). He can apply for access as he has the right to do so, regardless of his visa status. Let the judge decide.

Osol
Newly Registered
Posts: 12
Joined: Wed Apr 04, 2018 4:28 pm
United Arab Emirates

Re: Curtailment and access to courts

Post by Osol » Wed Jan 30, 2019 9:26 pm

Thanks for response physicskate.. I know the courts will have to decide on contact but they aren’t always rights in their decision and at time at the expense of children who end up being in harm’s way.
He has contact already and doesn’t even manage that well or prove he is capable of caring for our child. The only reason he wants to take me to court is to obtain a court order that he can use in his application as a parent. Not that there has been an issue with contact or any indication there would be. It’s just frustrating.
Appreciate your input regardless x

Locked