DDV(C)

[brunosdog]

Hello All,

I'm in desperate need of some support/guidance. For the record, I am in discussions with an immigration solicitor, but I would also like to understand the advice and experiences of the people on this forum.

As a background, my wife originally came to the UK in 2019 on a Fiance Visa, we then married and applied for our first spousal (2.5 years) visa, and then earlier this year we applied for our second extension and she was granted another 2.5 years, due to expire some time in 2024.

Over the last year, my wifes mental health has been a struggle and without my knowledge, following some arguments and with the advice of a local charity, she was advised to apply for a DDV Concession. This application was accepted (and she was issued a new BRP card) on the 3rd of October 2022.

Around the same time, I became aware of a short one night affair she had with a colleague. In the hight of the emotions I also notified the home office of a marriage breakdown (after the date her new DDVC BRP was issued). I have since (the day after) responded to the same email notification, explaining that it should be withdrawn and it was an error of judgement made at the wrong time.

Since the above to actions, we have had further discussions and have decided that we will work through our recent issues with the help of a marriage Councellor.

I have three main questions:
1. Is it possible for my wife to 'withdraw' or 'reverse' the DDV concession application and return back to her original leave on her spousal visa?
(From what I can see, the declaration on the form states it cannot be reversed, but the solicitor my wife used for this application seems to believe so - also, I have seen a post on this forum board of an almost exact situation, where they did indeed get it cancelled and returned to the spouse visa leave.

2. Will my 'marriage breakdown' notification be acted upon immediately? and if so, will my email confirming it was made in error be listened to?
(My understanding is, if the original notification was accepted, then her leave on the spousal visa would be cut short to 60 days).

3. Is there any better way to contact the home office for specific issues like above, the staff working the phone lines dont seem to be able to answer questions of this nature.

I appreciate the information above is a lot to take in, its been a whirlwind of a month.

Thank you in advance,

Jake

[secret.simon]

1. Is it possible for my wife to 'withdraw' or 'reverse' the DDV concession application and return back to her original leave on her spousal visa?
(From what I can see, the declaration on the form states it cannot be reversed, but the solicitor my wife used for this application seems to believe so - also, I have seen a post on this forum board of an almost exact situation, where they did indeed get it cancelled and returned to the spouse visa leave.

If she has been accepted for a domestic violence application, (a) she has likely been issued ILR and (b) asking the Home Office to reverse the grant of ILR and put her back on the spousal visa route may look to the Home Office as exposing her to domestic violence again.

As an aside, trying to declare a marriage breakdown to the Home Office could be construed as another form of domestic violence, thus further complicating the situation.

also, I have seen a post on this forum board of an almost exact situation, where they did indeed get it cancelled and returned to the spouse visa leave.

Can you link to that post? Open the post in a new browser window and copy-paste the link in a reply to this thread.

[CR001]

1. Is it possible for my wife to 'withdraw' or 'reverse' the DDV concession application and return back to her original leave on her spousal visa?
(From what I can see, the declaration on the form states it cannot be reversed, but the solicitor my wife used for this application seems to believe so - also, I have seen a post on this forum board of an almost exact situation, where they did indeed get it cancelled and returned to the spouse visa leave.

If she has been accepted for a domestic violence application, (a) she has likely been issued ILR and (b) asking the Home Office to reverse the grant of ILR and put her back on the spousal visa route may look to the Home Office as exposing her to domestic violence again.

DDV Concession is to be able to claim public funds due to destitution. It is not a Set DV application.

https://www.gov.uk/government/publicati ... c-violence

[secret.simon]

DDV Concession is to be able to claim public funds due to destitution. It is not a Set DV application.

https://www.gov.uk/government/publicati ... c-violence

True, but the link also states;

You can apply to claim public funds (benefits) for up to 3 months while UK Visas and Immigration considers your application to settle in the UK.

Would they have issued a new BRP just for the wife to claim benefits?

To the OP: What does the text on the BRP state? It could state that she is still on a spousal visa with right to public funds or it could state that she has ILR. Could you have a butcher's and let us know?

[brunosdog]

DDV Concession is to be able to claim public funds due to destitution. It is not a Set DV application.

https://www.gov.uk/government/publicati ... c-violence

True, but the link also states;

You can apply to claim public funds (benefits) for up to 3 months while UK Visas and Immigration considers your application to settle in the UK.

Would they have issued a new BRP just for the wife to claim benefits?

To the OP: What does the text on the BRP state? It could state that she is still on a spousal visa with right to public funds or it could state that she has ILR. Could you have a butcher's and let us know?

That's correct, this is not a Set DV application, but a concession to be able to access public funds whilst she prepares any Set DV Application (A route she is no longer considering).

Her new issued BRP states "Leave to Remain" "Work Permitted Outside Rules" (Expires 05/01/2023).

Apologies, I'm not sure how to reply with the 'quotes features' above. I hope that answers your questions.

[brunosdog]

1. Is it possible for my wife to 'withdraw' or 'reverse' the DDV concession application and return back to her original leave on her spousal visa?
(From what I can see, the declaration on the form states it cannot be reversed, but the solicitor my wife used for this application seems to believe so - also, I have seen a post on this forum board of an almost exact situation, where they did indeed get it cancelled and returned to the spouse visa leave.

If she has been accepted for a domestic violence application, (a) she has likely been issued ILR and (b) asking the Home Office to reverse the grant of ILR and put her back on the spousal visa route may look to the Home Office as exposing her to domestic violence again.

As an aside, trying to declare a marriage breakdown to the Home Office could be construed as another form of domestic violence, thus further complicating the situation.

also, I have seen a post on this forum board of an almost exact situation, where they did indeed get it cancelled and returned to the spouse visa leave.

Can you link to that post? Open the post in a new browser window and copy-paste the link in a reply to this thread.

Find the post below (the post states curtailment of spouse, but from what I see on the post its referring to a DDV concession also):
immigration-for-family-members/reversal ... 16149.html

[brunosdog]

Hi Both,

Do either of you know if it’s possible to make a fresh spousal application when on a DDV Concession?

My wife was in a bad place when she applied for the concession and deeply regrets it. She’s been having a tough time with her mental health.
We are continuing with our marriage.

However my concern is, if we are not able to ‘withdraw’ our concession, are we actually able to make a fresh spousal application whilst on a concession?

We meet all requirements (our circumstances haven’t changed from our successful spousal application earlier this year)..

Further question would be:
Would the DDV concession application hinder a fresh spousal application?
Would my marriage breakdown notification hinder a fresh spousal application?

Many thanks

Jake