How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Vineet S Your Own Question
Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2477
Experience:  Freelance Solicitor at Self Employed
60556257
Type Your Law Question Here...
Vineet S is online now

I am married to EEA national since about 1 year, but

This answer was rated:

I am married to EEA national since about 1 year, but unfortunately, the marriage is about to divorce, will I receive curtailment letter with short leave once the Home Office is aware of the divorce ?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, yet if my sponsor contact and inform the Home Office
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: will the Applicant get 60 day letter once the Sponsor inform the Home Office that their marriage is going to be divorced ?

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 8 days ago.
I am waiting for your answer

Hi there,

Unfortunately if your current Leave was dependent on your spouse, and your marital relationship is not subsisting, and Home office has been informed about the break down of your marriage, then you are usually given 60 days to either get a new visa or to Leave by the HO

Customer: replied 8 days ago.
Will the Applicant be able to switch his leave to Tier - 4 visa with the 60 days leave ?

Yes, Applicant can switch to tier 4 within the 60 days time period.

Customer: replied 8 days ago.
But I contacted the Home Office about 60 days leave, but they cannot give assurance about 60 days or any short leave, are they correct ?

They will send you a letter confirming your Leave has been curtailed and the 60 days time you have either to leave or to make any other valid visa application.

Customer: replied 7 days ago.
Thanks, ***** ***** sure that every curtailment letter does contain 60 days leave regarding this issue ( divorce) ?

Yes.

You will be notified by the Home office by sending a letter to your address regarding curtailment of your current leave.

Thank you.

Customer: replied 7 days ago.
Does the Applicant need to leave the UK to switch his visa to tier 4 ?

You can apply for tier 4 visa from within the UK.

Thank you.

Customer: replied 7 days ago.
Thank you, ***** ***** Sponsor report the Home Office that they are not living together, then will the Home Office curtail the Applicant's leave straightway or the Home Office needs to see the court proceedings about divorce? OR how long the Home Office may take to curtail the leave once they are aware of

Once the sponsor reports the Home office about the break down of the marriage, within 2-4 weeks you should expect to get the letter from the Home office notifying you that your leave has been curtailed.

Thank you.

Customer: replied 7 days ago.
Do the Home Office need to see any court proceeding about the divorce or merely report, letter or phone call by the Sponsor is enough ?
Please

Mere report from the sponsor is suffice.

Thank you.

Customer: replied 7 days ago.
If the Applicant changes his postal address and update the changed/ new address online successfully to the Home Office is that suffice to receive the curtailment letter to his new address ? Can the Home Home Office be updated this way about the new address?
Thank you sir

If the new address has been updated online and the sponsor is also aware of the new address, then curtailment letter would be sent to the new updated address.

Thank you. Have a nice day & stay safe.

Customer: replied 7 days ago.
Is it necessary for the Sponsor to know the Applicant's new address when she reports to the Home Office about the break down of the marriage?
Thank you.
Customer: replied 7 days ago.
Please

Not necessarily.

Thank you.

Customer: replied 7 days ago.
LAST QUESTION SIR, if the Applicant claims asylum within 60 days after receiving the curtailment letter , will he retain all the rights such as right to work , business in the UK until his asylum is finally disposed of ?
Customer: replied 7 days ago.
until his asylum is finally determined

Not until the asylum status is successfully granted to the applicant.

Thank you.

Can not work while his asylum application is pending decision.

Thank you.

Customer: replied 7 days ago.
Why not? if he claims when he has valid leave for 60 days, sir ? Shouldn't he retain the previous work right since he claims asylum when he had valid leave ?
Customer: replied 7 days ago.
Hi Sir , are you there ?

It is different for asylum applications.

For new questions, regarding asylum, please post your question here-

https://www.justanswer.co.uk/law/expert-vineetsharma/

Thank you.

Customer: replied 7 days ago.
What would happened, If the Applicant is outside the UK when the Home Office issue the curtailment letter with 60 days letter ?

Applicant would not be able to return into the UK, If the leave has been curtailed.

Thank you.

Customer: replied 7 days ago.
I have posted my question reading the asylum issue sir where you asked me to post sir , can you please answer my that question ?
Customer: replied 7 days ago.
OK, lets say, the Applicant was outside the UK, the curtailment letter has been issued with 60 days leave, within 60 days he came back to Heathrow airport, in this situation, will he be deported or be given chance to take further actions to extend or switch his leave as he has 60 days ? Thank you

It is not advisable for you to travel outside when your leave is curtailed, as you would not denied entry back into the UK and can be asked to apply for a new visa application from your home country.

Thank you.

Customer: replied 7 days ago.
Thanks sir for your great advice, sir if the Applicant himself starts divorce proceeding based on a valid ground such as the ground of unreasonable behaviour, and he shows the proceedings to the Home Office, will he get 60 days letter himself once his leave is curtailed ?

Yes, the visa applicant who is on spouse visa would get the curtailment letter notifying him regarding curtailment of his leave.

Thank you.

Customer: replied 7 days ago.
What does the Applicant need to do to inform the Home Office once he himself start divorce proceedings ? Thank your Sir

Visa applicant have nothing to inform, it is the sponsor who needs to inform the home office about the Break down of their marriage. I think I have explained this part in details above.

Thank you. Have a nice day & Kindest regards.

Customer: replied 7 days ago.
Thanks Sir , you been very helpful

You are welcome. Take care.

Customer: replied 7 days ago.
Sorry, this is last question for today, that means, unless the Applicant receives curtailment letter, he will enjoy all the rights even the marriage has been Brocken down , is that correct ?

Yes, until his leave is curtailed, the applicants have all the rights as per his last valid leave.

Thank you.

Customer: replied 7 days ago.
Thanks Sir, You been great, I will seek more legal advice from you later on if needed sir.

My pleasure. Thanks again for visiting Just Answers.

Vineet S and other Law Specialists are ready to help you