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Marriage | Unmarried Partners | Fiancé | Ancestry

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sri23
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Post by sri23 » Thu Jun 13, 2013 9:42 am

Hi
Last edited by sri23 on Tue Oct 08, 2013 11:21 am, edited 1 time in total.

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Re: Curtailment of leave - breakdown in relationship -

Post by Amber » Thu Jun 13, 2013 9:49 am

sri23 wrote:Hi,

Can someone please advise if they have ever cancelled their partners leave OR informed the UKBA in the event of breakdown of relationship if you are a settled person or british citizen ?

If yes, can you tell me regarding

1. Do you need to be divorced to inform UKBA of the breakdown
2. If anyone of you have done this, what has happened post your communication to the UKBA ?


Thanks in advance
Please clarify, do you currently have leave to remain as a spouse/partner of a settled person/BC? Or are you the settled person?
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sri23
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Post by sri23 » Thu Jun 13, 2013 10:04 am

I am the settled person.

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Post by Amber » Thu Jun 13, 2013 10:07 am

sri23 wrote:I am the settled person.
And your spouse/partner is on leave as a spouse/partner of a settled person and subsequently the relationship has broken down?

If so, you can report the change to the HO and the may act upon it and revoke the leave. However, when your spouse/partners comes to apply for settlement this will fail as s(he) will not be in a subsisting relationship with you and you will not be signing the declaration nor providing your passport. If you have children, there may be a chance for that person to get leave another way.

Was this person a domestic abuser?
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sri23
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Post by sri23 » Thu Jun 13, 2013 11:04 am

Thanks for your reply.

Yes the spouse is on leave as partner of settled person and the relationship has broken down.
Last edited by sri23 on Tue Oct 08, 2013 11:22 am, edited 1 time in total.

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Post by Amber » Thu Jun 13, 2013 11:07 am

sri23 wrote:Thanks for your reply.

Yes the spouse is on leave as partner of settled person and the relationship has broken down.

We dont have any children.

The spouse may file a case of domestic abuse to prevent deportation or curtailment and to get ILR on DV basis. Any way that can be prevented or anything that can be done by the settled person ?
The HO will expect to see some evidence. I.e. letter from doctor, police, court etc....
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Post by sri23 » Thu Jun 13, 2013 3:56 pm

Thanks again.

Yes, but that will certainly not allow curtailment.

Are you aware if any proof needs to be submitted to evidence breakdown ? Is a divorce certificate mandatory ?

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Post by MPH80 » Thu Jun 13, 2013 3:58 pm

No - you just need to inform them.

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Post by Amber » Thu Jun 13, 2013 3:58 pm

sri23 wrote:Thanks again.

Yes, but that will certainly not allow curtailment.

Are you aware if any proof needs to be submitted to evidence breakdown ? Is a divorce certificate mandatory ?
No, a signed statement by you should suffice. Have you acted with abuse or is your (ex) spouse trying to deceive?
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Post by sri23 » Fri Jun 14, 2013 9:52 am

No. It is simply a case of breakdown in marriage.

However I have become aware that partner may possibly apply for DV tobe able to stay in the UK.

Anyone else have actually been through this? Will be nice to hear your experience.

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Post by MPH80 » Fri Jun 14, 2013 10:17 am

Your partner will require evidence!

So if he/she is serious - I'd expect you'll get a visit from the police.

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Post by Ayyubi72 » Fri Jun 14, 2013 2:04 pm

sri23 wrote:No. It is simply a case of breakdown in marriage.

However I have become aware that partner may possibly apply for DV tobe able to stay in the UK.

Anyone else have actually been through this? Will be nice to hear your experience.
She cannot apply due to domestic violence if no domestic violence has taken place, simple.

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