Spouse Visa Cancellation

[Zedet]

Apologies in advance if this has been asked/answered before but I just wanted to know if I let UKBA know about breakdown of my marriage and that I am withdrawing sponsorship of the spouse visa when my spouse is out of the country on holiday, will immigration stop the entry if my spouse plans to travel back in the UK? I am a British citizen and my spouse is Indian citizen with spouse visa sponsored by me under FLR(M). There hasn't been any DV incident at all. Thanks.

[Casa]

Has the relationship broken down?

[Zedet]

I am getting strong signals of that however it hasn't gotten there yet.

[Casa]

I am getting strong signals of that however it hasn't gotten there yet.

In which case you can't report to the HO that your relationship is no longer subsisting, when as present it obviously is.

[Zedet]

Thanks. However, if it does get to that and the marriage doesn't subsist one day, I wanted to know what happens if in the scenario I originally described please?

[Casa]

IF you separate in the future and the relationship has ended, you would have to notify the HO by submitting an online Statement of Consent form
https://www.gov.uk/government/publicati ... nsent-form

Be aware however that submitting a false statement could put you in a very difficult situation. Do you have children together?

[Zedet]

Thanks. No children. Any view on my original query please? Is there a defined process/ is established based on examples/instances or is it totally based on discretion of Border Agency?

[CR001]

Once you notified HO on the prescribed form, there is nothing further you can do, HO will likely at some point curtail/cancel her visa. HO will NOT keep you updated either. They follow the processes they have and that is it. We do not know what the processes are they follow, so anyone advising would only be speculating and guessing.

She definitely won't be able to extend her current visa.

[Zedet]

Thanks. One more question please...How can I prevent any false DV incident reporting from her side in future? Is there anything I can do as a preventative measure? Just in case she tries to build up a case from her Visa under DV?

[CR001]

For a DV case, she would require evidence from various authorities to prove DV. It is important to note the DV is not only physical but can be emotional, financial, mental etc.

[Zedet]

What happens in the scenario of she filing for divorce and I withdraw sponsorship of Visa? What affect these two things will have on one another?

[CR001]

No effect, they are two completely separate processes.

[Zedet]

If i withdraw sponairship and HO curtails her leave but the divorce is not settled, will she still be required to leave (assuming she doesnt get visa in any other category)?. If yes, what happens with the divorce case?

[CR001]

Yes, she will be required to leave by the date that HO gives her.

She does not have to be present in the UK for the divorce to run its course and this is not a reason to seek permission to remain either.

[Zedet]

When there is a child involved who has Indian citizenship with CoE-RoA, how does it affect the withdrawal of sponsorship & spouse's options to remain in the UK?

[CR001]

It does not affect your child and your wife MIGHT be able to make an application to remain based on the child but only possible to do an FLR(FP) based on a British child within the UK.

[Casa]

Thanks. No children. Any view on my original query please? Is there a defined process/ is established based on examples/instances or is it totally based on discretion of Border Agency?

In this post you said that you have no children.

[CR001]

We are all simply advising on a situation that has not happened, so in effect guesstimating.

Suggest post again if or when something actually happens. Until then, this topic has provided the basics you need to know and will now be locked.