Curtailment Of Leave

[sam550]

Hi I just need little bit of advice for my friend.

She moved to UK on Spouse visa in 2016 and soon after they were having marriage problems but things have taken its toll as soon as they had baby and her husband started having seizures, her hubby and her parents hid from her and all her family that he had really bad epilepsy. Anyway she wanted to see her parents so she flown to Pakistan for a visit with her son ( Son has British Passport ) soon she landed she received an Email from Home office saying that as they are no longer living together as spouse, so you no longer meet the requirement of the immigration rules under which your leave to enter was granted and you have until 13/10/18 to leave the country.

Now I have few question which I need help from you guys:

1 - Can she comeback to UK and apply for further application to remain before the deadline date ?
if not can she apply for a visa in future ? if yes what type of Visa

2 - Can she claim child maintenance from the father ( his name is on Birth Certificate ) while living in Pakistan ?


I know one letter is enough to give HO a chance to curtail visa but can she fight a case by saying there is no separation or divorce in the pipeline ?

PS: I am writing on her behalf as she is not computer literate.

I will appreciate any response

Thanks

[equitydealer]

He would have written to HO some weeks ago, they don’t process curtailments that quickly.

She can’t fight the decision, if the sponsor has withdrawn their support there is nothing she can do as regards to remaining on a spouse visa.

On the rest, I’ll defer to a senior member/moderator as this is a complex situation. Best of luck

[seagul]

I think on British sponsor information the HO acted very quickly with the curtailment of her visa. She still got leave until 13/10/2018 (deadline) so if miracle happens then HO airport staff might let her enter after questioning and then she might apply on the basis of her British child. But more likely she might not be able to re-enter on her existing visa.