query

[Sn119]

Hi,

I have a query.

My wife is on UK spouse visa

Me and my wife had a massive argument while we were back home and she said she does want to come back with me to UK. long story short I return to UK without her. At this time I am also thinking of divorce - she is saying even if I file a divorce she will come back to UK on her own.

My question is if I file a divorce, would she then be able to come back to uk on her original spouse visa?

[Casa]

Hi,

I have a query.

My wife is on UK spouse visa

Me and my wife had a massive argument while we were back home and she said she does want to come back with me to UK. long story short I return to UK without her. At this time I am also thinking of divorce - she is saying even if I file a divorce she will come back to UK on her own.

My question is if I file a divorce, would she then be able to come back to uk on her original spouse visa?

If your marriage has broken down you are required to notify the Home Office in the link below:
https://www.gov.uk/visas-when-you-separate-or-divorce

After notification, if the HO curtail your wife's visa she will be refused entry on her return to the UK.

[seagul]

she is saying even if I file a divorce she will come back to UK on her own.

Yes on different visa if she can get that.

[Sn119]

Thank you both.

I did say her that I will cancel her visa by filing divorce, she goes, if I do that she will contact the relevant authority and tell them I forced her to stay back home and I treated her wrongfully etc, she goes I will then be in trouble etc.

I really dont want her to come back here in uk. How long would it take for home office to curtail her visa from the day i file divorce? Also if she lies and contact the authority what will happen?

[seagul]

Once you report to HO then afterwards there is nothing much you can do because they except curtailing the visa they wont follow you next. Also you wont be notified about curtailment.

[Sn119]

Once you report to HO then afterwards there is nothing much you can do because they except curtailing the visa they wont follow you next. Also you wont be notified about curtailment.

Sorry Seagul, I did not understand, are you saying, once I report to HO, it is curtailed straight way?

Also, can I report it to HO without having to file divorce or reporting to HO can only be done by filing divorce?

[seagul]

Once you report to HO then afterwards there is nothing much you can do because they except curtailing the visa they wont follow you next. Also you wont be notified about curtailment.

Sorry Seagul, I did not understand, are you saying, once I report to HO, it is curtailed straight way?

Also, can I report it to HO without having to file divorce or reporting to HO can only be done by filing divorce?

As stated earlier that once you will report to HO then you wont be notified as when the curtailment has been/will be made. If you wishes then in either situation (filling divorce or not) can notify to HO but one thing you both need to keep in mind that once you have informed and curtailment taken place then you cannot change your mind without re-applying again from scratch. A lot of examples of people exist who keep asking that.

[Sn119]

Just an update, my solicitor has notified HO that we are not getting along and to curtail her visa although a divorce has not yet been filed.

My wife’s family back home said they would file a case against me saying that I have violated her rights and I have oppressed her while she was in UK and (a lot of crap)… basically they would like to file a DV case against me with a lot of crap.

I don’t know if the visa has been curtailed yet, my question is do you think she can come back to Uk in the meantime on my spouse visa if she wants?

Or is there anyway to make sure she does not come back to uk on my spouse visa?

I would appreciate any guidance and assistance

[seagul]

Just an update, my solicitor has notified HO that we are not getting along and to curtail her visa although a divorce has not yet been filed.

My wife’s family back home said they would file a case against me saying that I have violated her rights and I have oppressed her while she was in UK and (a lot of crap)… basically they would like to file a DV case against me with a lot of crap.

I don’t know if the visa has been curtailed yet, my question is do you think she can come back to Uk in the meantime on my spouse visa if she wants?

Or is there anyway to make sure she does not come back to uk on my spouse visa?

I would appreciate any guidance and assistance

Without solid evidences domestic violence wont be succeeded and if you feel that someone is threatening or pressurising you then you can report to police. If you have a copy of her BRP card then you can check her right of live/work at below link and that might be the only quickest way to know whether has it been crutailed yet:

https://www.gov.uk/prove-right-to-work