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Marriage Breakdown - Applying from a different visa

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angelmarin16
Newly Registered
Posts: 1
Joined: Sun Jun 16, 2024 8:17 am
Venezuela

Marriage Breakdown - Applying from a different visa

Post by angelmarin16 » Sun Jun 16, 2024 8:32 am

Hi!!

I hope you are well! I have tried to find all this info online but it is very confusing as my case is very specific. I hope somebody can help!

I am currently in the UK under a spouse visa for 5 years but I have found also found a job with a full time position. Unfortunately, my marriage has broken down and we are separated since 2 months (we are living in different houses at the moment). My partner is quite chilled about the situation and is not planning to notify the HO but I would like to regularize my situation and not stay dependent on her. I need to notify the HO about the marriage breakdown, but unfortunately my salary is not enough to switch to a Skilled Worker Visa.

My employer has suggested I leave the country and I apply from abroad for a creative worker visa, which should be easy in my case and quite straight forward, and then re enter the country under the new visa status.

My questions are the following:

I understand that when I notify the HO about the marriage breakdown they will send me a curtailment letter giving me 60 days to leave the country: fine.

1.- How long does it usually takes to receive the curtailment notice?
2.- Am I allowed to travel in and out of the UK after I receive such notice?
3.- Can I still be under contract and work for that period of time?

As soon as I leave the country (which should be in a couple of weeks anyways), I plan to apply for the creative worker visa for a year (which is the duration of my contract in the UK):

4.- Can I apply inmediately after I leave the country? (Which most likely will mean that these 60 days grace period would not have yet finished).
5.- I have an italian passport and I plan to be in Europe for the period I will make the application and wait for a reply: can I do everything through the ID Check Inmigration App without having to attend an appointment?

Thank you very much for any help you can provide!

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Marriage Breakdown - Applying from a different visa

Post by AmazonianX » Sun Jun 16, 2024 11:13 am

angelmarin16 wrote:
Sun Jun 16, 2024 8:32 am
Hi!!

I hope you are well! I have tried to find all this info online but it is very confusing as my case is very specific. I hope somebody can help!

I am currently in the UK under a spouse visa for 5 years but I have found also found a job with a full time position. Unfortunately, my marriage has broken down and we are separated since 2 months (we are living in different houses at the moment). My partner is quite chilled about the situation and is not planning to notify the HO but I would like to regularize my situation and not stay dependent on her. I need to notify the HO about the marriage breakdown, but unfortunately my salary is not enough to switch to a Skilled Worker Visa.

My employer has suggested I leave the country and I apply from abroad for a creative worker visa, which should be easy in my case and quite straight forward, and then re enter the country under the new visa status.

My questions are the following:

I understand that when I notify the HO about the marriage breakdown they will send me a curtailment letter giving me 60 days to leave the country: fine.

1.- How long does it usually takes to receive the curtailment notice? This is unknown, just that the 60days countdown start from when the letter is received.
2.- Am I allowed to travel in and out of the UK after I receive such notice? If you exit within the curtailment period, there is the high likelihood of not being able to enter again as the primary purpose of being in UK already curtailed.
3.- Can I still be under contract and work for that period of time? While the curtailment is going on yes, however once the 60days is completed you cease to have any right conferred on you by the previous spouse visa status.

As soon as I leave the country (which should be in a couple of weeks anyways), I plan to apply for the creative worker visa for a year (which is the duration of my contract in the UK):

4.- Can I apply inmediately after I leave the country? (Which most likely will mean that these 60 days grace period would not have yet finished). Yes you can.
5.- I have an italian passport and I plan to be in Europe for the period I will make the application and wait for a reply: can I do everything through the ID Check Inmigration App without having to attend an appointment? Most likely an appointment, this will be determined when you apply.

Thank you very much for any help you can provide!

User avatar
Ticktack
Respected Guru
Posts: 2699
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Marriage Breakdown - Applying from a different visa

Post by Ticktack » Mon Jun 17, 2024 10:56 am

AmazonianX wrote:
Sun Jun 16, 2024 11:13 am
angelmarin16 wrote:
Sun Jun 16, 2024 8:32 am
Hi!!

I hope you are well! I have tried to find all this info online but it is very confusing as my case is very specific. I hope somebody can help!

I am currently in the UK under a spouse visa for 5 years but I have found also found a job with a full time position. Unfortunately, my marriage has broken down and we are separated since 2 months (we are living in different houses at the moment). My partner is quite chilled about the situation and is not planning to notify the HO but I would like to regularize my situation and not stay dependent on her. I need to notify the HO about the marriage breakdown, but unfortunately my salary is not enough to switch to a Skilled Worker Visa.

My employer has suggested I leave the country and I apply from abroad for a creative worker visa, which should be easy in my case and quite straight forward, and then re enter the country under the new visa status.

My questions are the following:

I understand that when I notify the HO about the marriage breakdown they will send me a curtailment letter giving me 60 days to leave the country: fine.

1.- How long does it usually takes to receive the curtailment notice? This is unknown, just that the 60days countdown start from when the letter is received.
2.- Am I allowed to travel in and out of the UK after I receive such notice? If you exit within the curtailment period, there is the high likelihood of not being able to enter again as the primary purpose of being in UK already curtailed. OP should still be able to enter the UK as a visitor based on Italian passport held. However, he wouldn't be able to work legally.

3.- Can I still be under contract and work for that period of time? While the curtailment is going on yes, however once the 60days is completed you cease to have any right conferred on you by the previous spouse visa status.

As soon as I leave the country (which should be in a couple of weeks anyways), I plan to apply for the creative worker visa for a year (which is the duration of my contract in the UK):

4.- Can I apply inmediately after I leave the country? (Which most likely will mean that these 60 days grace period would not have yet finished). Yes you can.
5.- I have an italian passport and I plan to be in Europe for the period I will make the application and wait for a reply: can I do everything through the ID Check Inmigration App without having to attend an appointment? Most likely an appointment, this will be determined when you apply.

Thank you very much for any help you can provide!
No sin in failing, you just have to try and try again!

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