Seperation, reuniting and visa extension

[momo121]

Hi Guys/Girls,

My wife I were having a difficult times due to IVF process which did not work for us. During that time I send a letter to a curtailment team in Manchester notifying them our separation. However, after few therapies and consultation we resolved our issues.

Now the problem is, I have to extend my visa and have made an appointment so how much effect will the letter and the separation have on the process? is there a likelyhood that they will reject the application?

Thanks

[Casa]

Extending your visa or your wife's?

[momo121]

Mine. My wife is British and she is the one who sponsored me.

[Casa]

In which case, why did you send the curtailment letter? This should have come from your wife as your sponsor.

Yes, this may well raise issues regarding a subsisting relationship when you apply to extend your visa. I suggest you apply by post, submit a letter from your wife supporting your application and explaining that you are reconciled. But be prepared for further checks and a possible interview.

[momo121]

Thanks for the quick reply. I appreciate it.

To be honest, I don't know why I did. Probably depression and stress. Sometimes things take their toll on you.

For the post. We have already made a premium service appointment and my wife will go with me. So will that be enough? or does she still need to write a letter?

I understand that they will put as on their watchlist/blacklist but we will be fine.

[Casa]

Your wife can submit a letter of support as this may be needed if a decision isn't made at the PSC on the day. It's essential that she attends the appointment with you.

[momo121]

Thanks Casa. You are really helpful.

One more question, If my visa expires during the process than do I have to leave the country?

[Casa]

No. Your legal status remains the same, however long it takes to process the extension.

[momo121]

Thanks Casa again.

I have heard that they will not curtail a visa if its expires soon, like less than 20 days. I have read 100 or so PDF pages and it says that they should not take any actions when visa expires less than 60 days.

I don't know what to make off it. Do you know anything about that?

[Casa]

As long as you can show that your marriage is subsisting and submit all the required evidence for the application, you should be granted your FLR(M) extension.

I'm assuming that you didn't receive any notification of curtailing your visa following your letter to the Home Office?

[momo121]

Yes, I have not and that scares me a bit.

[Casa]

It's quite possible that they've decided to disregard it.

Did you live apart at any time during the last 2.5 years? If so, for how long?

[momo121]

We were together most of the 2.5 years. However, our issues started on early September and we reconciled on late September. So we have not been together about 10 to 15 days. I don't know how they will interpret that.

To be honest, its just that the IVF process took toll on us especially me and I pressed the self destruct button.

[momo121]

Casa,

Considering that the curtailment team may disregard the letter, do you still recommend that we should submit a supporting letter wrote by my wife?

[Casa]

In which case the few days apart will be insignificant.

Submit your proof of joint address throughout the 2.5 year period, spread as evenly as possible.

If you don't have 6 examples of correspondence/bills in joint names from 3 different sources, you'll need to submit 6 each in single names.

Ideally one (or 2 if in single names) every 4-5 months.

Your wife can submit a letter supporting your application but I don't think she needs to refer in writing to your letter to the Home Office. However, if it is raised during your PSC appointment, be honest.

[momo121]

Thanks a lot Casa.
I would post the outcome to the thread so that the other members can benefit from my experience.

[Casa]

Please do. It's always helpful to have feedback for others who may be in a similar situation.

And to know that it's all gone well for you of course. Get into the mindset that this was a very brief blip in your relationship.

[momo121]

Update:

My visa has been extended to another 2.5 years. I am very happy with the result. But, they asked us about the curtailment letter and we explained the reasons behind it and the fact that we reunited since then to the immigration officer. My wife and I had to write two letters, explaining our situation and intentions in the future. Furthermore, Immigration officer also wrote a letter (don't know what information she put on there).

She raised an interesting point, though. She said that the immigration officers at the airport may try to enforce the curtailment. She also said that I should write a letter to the curtailment team notifying them our situation.

So I am not quite sure why I need to write a letter. would not they see that I have been granted a new extension?

Anyways, I will write a letter to the curtailment team as soon as possible and see what happens.

[Casa]

Pleased it worked out well for you. It would be wise to write the letter as suggested to the curtailment team in order to ensure the system is updated.