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Tier 2 dependent visa refused - visa curtailment

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sashan001
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Joined: Sat Jul 21, 2018 4:54 am
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India

Tier 2 dependent visa refused - visa curtailment

Post by sashan001 » Wed Aug 01, 2018 6:39 pm

Hello,

I was married to a British Citizen in 2012 and moved to the UK on spouse visa. Due to some issues our relationship broke down and we got separated. My husband filed for divorce and I received the divorce notice at my work in December 2017. I was planning to get married again in India, but was waiting for the divorce proceedings to finish so that I could leave the UK. I received my decree absolute in June 2018 and immediately left the UK as I did not want to overstay.

I then got married again - my husband holds a Tier 2 visa for 3 years - and applied as a Tier 2 dependent visa on 17th July 2018 and I received the decision that my visa was refused on the basis that I had overstayed my previous visa. The letter specifically says that my spouse visa had been curtailed until 13/04/2018 but I left UK in June 2018. However, I had not received any correspondence regarding the curtailment of my visa, otherwise I would have left before that date. Moreover, my solicitor advised me that until my divorce is finalised, I can legally stay in the country.

Does anyone know if I apply for an administrative review, what are the chances it will be successful? Also, what arguments can I provide to make my case, as clearly my intention was not to overstay and had I known about the curtailment I would've immediately left the country.

Any help will be appreciated.

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