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Section 5 - Curtailment wrote:It should be borne in mind that the curtailment provisions are discretionary. Therefore curtailment should not follow automatically if one of the above criteria applies. When curtailing a person's leave the burden of proof rests with the Secretary of State. Careful consideration should accordingly be given to all the person's circumstances.
They may choose not to act.Section 5 - Curtailment wrote:5. CURTAILMENT WHEN A MARRIAGE BREAKS DOWN
Where we have been notified that a marriage has broken down during the probationary period, a person's stay in the United Kingdom may be curtailed where more than one month of their leave is remaining. (See also Chapter 8, Section 1, Spouses.)
Did you also inform the police?F1234 wrote:... marriage has broken down cuse of domestic violence and many other reasons. and HO have been informed of this.
Under the circumstances, probably good chances.F1234 wrote:what u think the chances are of it happening and him going?
This is not your decision, isn't it? You have no right or power to make decisions like this no matter what your circumstances are.F1234 wrote: i want him deported
If you want him out of your house, that would make more sense. You collect sufficient evidence, make a complaint to the police, see a solicitor and on the basis of the evidence you have, obtain an injunction order against him through the court. But you have no power to get him out of the country - it is not your decision and not up to you...he has made my life hell and i just want him out UK.
I think your Immigration Lawyer is slightly exaggerating, In the UK he has the right to an in-country appeal, so he if he exercises that right, he'll be prolong his stay short-term.F1234 wrote:i have been talking to a lawyer and he will be deported and i spoke to HO today and they also confirmed yes it may take a few weeks but it will be done. Just a matter of time now he has no leg to stand on here he has been in trouble with police many times here etc, and also proved he is only here for the visa.
Don't be that naive. I had very similar situation in the past and know exactly how it works.F1234 wrote:i have been talking to a lawyer and he will be deported and i spoke to HO today and they also confirmed yes it may take a few weeks but it will be done.
There is no right of appeal against the curtailment of visa Johnboy.johnboy096 wrote:In the UK he has the right to an in-country appeal, so he if he exercises that right, he'll be prolong his stay short-term.
Chapter 12 - Appeals[/url] > [url=http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter12/section1.pdf?view=Binary]Section 1 - Rights of appeal wrote:3.5 Variation of a person's leave to enter or remain in the UK if, when the variation takes effect, the person has no leave – s82(2)(e)
There is a right of appeal against a decision to vary a person’s leave to enter or remain so that they have no leave. This is generally known as ‘curtailment of leave’. The right of appeal under section 82(2)(e) may usually be exercised in the UK, subject to certain exceptions and limitations.
I’ve read this forum thread with interest and it holds a lot of similarities to my case. We married, obtained the probationary visa from Croydon and he then walked out on me within 5 weeks and burgled both my possessions at home and my parent’s house in the process!Frontier Mole wrote:Harm & compliance are the watch words at the moment. Harm in the wider sense of the community not individuals.
Thanks Rusty, I'll try giving them a call on Monday. He went home mid-May and returned to the UK at the end of May. Your right, they did decide to revoke his LTR in either late December or early January and they then sent me the letter notifying me of this. What I am thinking is that they only wrote to him and didn't actually get his passport. Thus, he waved it past Immigration on his return and since it didn't contain a cancelled stamp waved him through. Do they link up foreign passports/visas and their warning index still or just where they suspect an issue?Mr Rusty wrote:Flanders Fields,
I'm puzzled by your post. Did UKBA actually revoke his Leave to Remain in January?
If so, and he left the UK and returned in May, de facto he "entered without leave", therefore he is an illegal entrant and liable to be arrested and removed. How he was allowed in is another matter, but the fact that he was doesn't mean that action can't be taken.
Even if he appealed against the revocation of leave, the appeal should be deemed abandoned when he left the UK. He came back without any rights at all.
Phone up your local immigration Office and talk to them about it. If there's a good chance he can be removed, the police may be prepared to take no further action.
The charge against him does not prevent him from returning to his home country so I would not withdraw itFlandersFields wrote:Frontier Mole wrote: 1. What I would like to ask, however, is that given my (ex) partner is using the Court proceedings as an excuse for staying in the UK for as long as possible when I be better off withdrawing the charges I brought against him so that he no longer has an excuse to not return to his home country?