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Visa and dependent's visa both curtailed - what to do

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Man2016
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Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 7:38 pm

I have been a silent user of this very informative forum for a very long time. I have been going through a difficult phase and caught in the same problem as naveednikka. I would request the senior members to please advice me. My current Tier 1 visa is curtailed and I am in the UK for last 8 years 9 months. My spouse's dependents visa was also curtailed at the same time. We have two British born children. We have never applied for their leave to remain. I have not left the Uk for last 7.5 years. To cut the story short, I have been out of the Uk for only 1 time ever since I have come here. We have been served One stop notice. Please guide me what should I do. I am very anxious and going through a very tough time.

Regards.

noajthan
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Re: Visa and dependent's visa both curtailed - what to do

Post by noajthan » Wed May 18, 2016 7:51 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 7:56 pm

Thank you so much for creating a thread for my question. I will really appreciate any expert advice on this matter.

Regards

sm12
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Re: Visa and dependent's visa both curtailed - what to do

Post by sm12 » Wed May 18, 2016 8:21 pm

But what reason did they give for doing so?

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 8:25 pm

We have received the one stop notice. It is served for not being able to meet the conditions of the Visa. They never caught me doing the Private Hire though. I was never called for interview at all.

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Casa
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Re: Visa and dependent's visa both curtailed - what to do

Post by Casa » Wed May 18, 2016 8:27 pm

You need to explain why you didn't meet the conditions of your visa...otherwise you're just leaving us to guess what that may be. :?
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Visa and dependent's visa both curtailed - what to do

Post by Mrchaany » Wed May 18, 2016 8:31 pm

Someone report you that you breach your visa condition

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Re: Visa and dependent's visa both curtailed - what to do

Post by Mrchaany » Wed May 18, 2016 8:31 pm

Someone report you that you breach your visa condition
Strong commitment, extreme faith and honesty will recognize your existence.

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 8:32 pm

Thanks Casa for a prompt reply. It was a consultancy business that I was struggling with therefore started doing private hire-Part time. I have a parental responsibility as well. Somebody made a complaint to the HO probably.

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Casa
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Re: Visa and dependent's visa both curtailed - what to do

Post by Casa » Wed May 18, 2016 8:36 pm

Following the One Stop Notice you are required to state:
(a) your reasons for wishing to enter or remain in the United Kingdom,

(b) any grounds on which you should be permitted to remain in the United Kingdom, and

(c) any grounds on which you should not be removed from or required to leave the United Kingdom. (s.120(2); the 2014 appeals provisions do not materially amend s. 120(2))
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 8:43 pm

Yes its absolutely the same as you have pointed out Casa. Now our family life is established here and we have two children born here. My spouse is currently doing here studies as well from here. We have replied to the notice now waiting for a response. But I want to know what if the HO gives us one ROA. Will I be able to qualify for ILR next year?

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Re: Visa and dependent's visa both curtailed - what to do

Post by Mrchaany » Wed May 18, 2016 8:57 pm

where are you live Man2016, if you live in london then there is more familiar cases
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Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 9:00 pm

No I am far away from London, in Manchester

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Re: Visa and dependent's visa both curtailed - what to do

Post by Mrchaany » Wed May 18, 2016 9:09 pm

ok private hire is the most easy way to target by well wisher,
Strong commitment, extreme faith and honesty will recognize your existence.

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 9:14 pm

Business2business,

Could you please explain how is it?

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Re: Visa and dependent's visa both curtailed - what to do

Post by Mrchaany » Wed May 18, 2016 9:20 pm

My first advice is please arrange legal advice from good solicitor or barrister.

second private hire taxi base, so many people or operators who can access to your data and can complain about you or anybody.

so many Entrepreneur visa holder stopped private hire because it is not allowed and there is risk involved.

ignore everything take solicitor advice.

regards
IK
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helpingperson
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Re: Visa and dependent's visa both curtailed - what to do

Post by helpingperson » Wed May 18, 2016 9:30 pm

It is unfortunate that you are in this situation. Given your family, time you have been in UK, you should consult with few solicitors as most of them will be negative about your future in UK. You should try your best and hopefully you will come out of this difficult time successfully.

I am not in anyway expert but just want to help to best of my ability so may be it is worth discussing with legal experts about Discretionary Leave based on your family life, or vary your leave or another application on your wife name as main applicant, etc..

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 9:43 pm

Thank you so much business2business aka IK and helpingperson. Your kind words means a lot to me. Any updates from people who are caught in the same situation will be highly helpful.

Thanks.

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Re: Visa and dependent's visa both curtailed - what to do

Post by hina_pirzada » Wed May 18, 2016 10:21 pm

Dear Member, sorry to hear about your case. If HO didn't catch you so hoe they curtailed your visa. Did you catch or not while you are driving or you are working on your NI.

You have strong case on Private Life. As you stated that your two children born on the UK could you please tell me about their ages.

If there is anyone of your child nearly 10 years old.

Because you current visa has been curtailed so I don't think you are eligible to apply ILR.

Give me the above answer

Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Wed May 18, 2016 11:27 pm

Thank you so much Hina-pirzada. i am not sure but there is a very high probability that somebody has tip-off about it. My children are aged 4 and 1.

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Re: Visa and dependent's visa both curtailed - what to do

Post by Momi » Wed May 18, 2016 11:46 pm

Either some of your well wisher has reported to home office and home office has curtailed your visa after confirming from council and taxi base or you council has checked your right to work from home office.

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Re: Visa and dependent's visa both curtailed - what to do

Post by Entrepreneur9 » Thu May 19, 2016 12:12 am

Man2016 wrote:Thank you so much Hina-pirzada. i am not sure but there is a very high probability that somebody has tip-off about it. My children are aged 4 and 1.
I am aware of 2 options:

1. You can apply for exceptional leave to remain on the basis of family route.

2. you can legalise your stay as soon as your first child turns 7.

Hope this helps.

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Re: Visa and dependent's visa both curtailed - what to do

Post by CR001 » Thu May 19, 2016 12:32 am

Man2016 wrote:My children are aged 4 and 1.
In HO's terms, they are small enough to move and adapt to life in your home country.
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Man2016
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Re: Visa and dependent's visa both curtailed - what to do

Post by Man2016 » Thu May 19, 2016 1:15 am

Thank you Momi, entrepreneur9 and CR001. If anyone one else is facing the same problem please share your timeline of one stop notice response. It will be a great help.

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