Spouse visa

[gzl]

Hi,

Im hoping someone can help me. I have recently separated with my spouse. I can to the UK in Jan 2018 on Spouse visa. My visa has now been curtailed and i need help understanding what my options are now please?

I currently dont have my BRP as my partner kept this and is not giving it back to me. Can i apply for a replacement BRP to be issued now my visa has been curtailed? If so how long would this take.

What alternative routes can i potentially switch my visa to while within the UK?

Do i have any options from within the UK to apply for alternative visa or must i go back home and apply from there for new visa.

Any help you can give will be greatly appreciated please.

Thank you

[CR001]

I currently dont have my BRP as my partner kept this and is not giving it back to me. Can i apply for a replacement BRP to be issued now my visa has been curtailed? If so how long would this take.

It would be pointless as replacements take a couple of months and unlikely you will get one if your visa has been cut short to 60 days.

What alternative routes can i potentially switch my visa to while within the UK?

Do you have children with your spouse? If not, you would have to find a visa you qualify for, which in all honesty, might not be possible in such a short space of time and you would have to apply from home country anyway.

Do i have any options from within the UK to apply for alternative visa or must i go back home and apply from there for new visa.

Likely from home country.

[gzl]

CR001, Thank you for your prompt reply. I dont have any children with my spouse.

There is someone i currently am with and if we did have children, would i be able to apply with this route? Would i have to leave until the child is born or can i apply for any family reasons?

If i delayed going back past my curtailment date for what ever reason, how likely are HO to chase me to deport me or is it a matter of if they come across me then they take action?

[Casa]

Without a valid visa you will be unable to work or rent accommodation. Being in a new relationship won't help as you won't qualify as an Unmarried Partner and until you have been granted a divorce absolute from your marriage you can't apply for a new spouse visa. In any event, spouse visa applications can only be submitted from the applicant's home country.

Thinking that you may be able to stay if you eventually have a child with your new partner is over-optimistic.

[gzl]

Many thanks both for your advice.

Finally, i was looking at switching to a student visa. Would this be possible as the HO visa site is not very clear on this if is possible or not.

[CR001]

Many thanks both for your advice.

Finally, i was looking at switching to a student visa. Would this be possible as the HO visa site is not very clear on this if is possible or not.

No you cannot switch within the UK on a spouse visa. Only certain visa categories in the PBS group can.

You will need to apply from home country if you can get sponsorship and a CAS and have the required funds.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa

[gzl]

Some really great advise guys. Thank you very much.

Just one final question about divorce. Not sure if you can help but can you advise is it possible to get divorce from Pakistan? We got married in Pakistan and the marriage was registered in union council. We are both currently living in the UK. Can we still do divorce process in Pakistan? If so what would the process be for this?

Does either party need to physically be in Pakistan for the divorce to be valid in the UK and for HO?

Can i get Islamic divorce in UK and then get this registered in Pakistan union council. Would this be valid.

[bluebird12]

Islamic divorce is not acceptable in UK ... only divorce through courts is acceptable which can take a year or so on ...not in days ....

2- Best option to apply divorce in UK court and you can follow up divorce proceedings while living in Pakistan...

3- If you are planning to marry and live in Pakistan ... and do not want to come UK again on Spouse Visa than Islamic divorce is enough and is accepted in Pakistan...

[Casa]

I suggest you contact a solicitor specialising in family law. How long have you been married? Under British law couples are unable to divorce before 12 months of marriage.

If you have no grounds to divorce your wife the minimum waiting time would be 2 years separation (if you both agree), or 5 years if your wife chooses not to divorce.

[gzl]

We have been married for 2 years but together in the UK since Jan this year. so 7 months together in UK

[gzl]

Hi,

I am currently separated from my spouse who visa has been curtailed. If she makes any new claim for visa under false domestic abuse claims, will home office notify me off such claims so i can put my defense forward as there has never been any such instances but doing some research i feel this is the only option she has to apply to stay in the UK and i fell she may try this route.

There has never been any domestic abuse. If she goes down this route or claims i was controlling or abusive what are chances of her being granted visa?

Thanks

[CR001]

You posted earlier this month that it was YOUR spouse visa that has been curtailed and now you state that is it your spouse, not you??

general-uk-immigration-forum/spouse-vis ... l#p1665644

[gzl]

Sorry is my visa. im using translator to translate into English. I need to know will home office notify ex-partner. Last thing i need is for ex to start issue.

[gzl]

Also would i be given new BRP for application as still i can not get my old one from ex

[CR001]

What evidence do you have regarding proving domestic violence??

If your visa has already been curtailed, then no you are unlikely to be able to apply for a replacement BRP card.

[gzl]

Sorry for taking time to reply

[gzl]

Sorry for taking time to reply, due to personal issue i have been away and thank you for all your help so far.

So it not physical violence i talk about. More of the controlling my every move, not allowing to do work or study. When ever i wanted to go anywhere not letting me go anywhere alone. Always controlling my finance, not allow me to open my personal bank account etc. Always belittling me not only from my partner but also from the family. I was like be used for physical relation only even when i did not want to. I was affraid so never said no and due to fear never report to police or anything. Just to my family members i tell everything.

My ex also has keep my passport and brp and refuse to give to me.

[gzl]

Someone help please. Im very scared. I think by ex is looking is at this and might see my posts and know its me. Can i delete the above posts? Someone advise. /Im really worried he will come after me, Please help. help please. i dont know what else to do. i dont want to make things worse then is already