Minimum time period?

[lainybug]

I would really appreciate it if someone could please offer us some advice...

A friend of mine came to the UK from South Africa in Dec 2016 with her husband, who has an ancestry visa. Unfortunately, after just over a year of marriage, their relationship is on shaky ground

We have done as much research as we can about her options, should they decide to end the relationship, and will be consulting an immigration lawyer this coming week, but I was wondering if anyone had any answers in the mean time please?

1. If the relationship breaks down and they inform the HO of this, will the HO curtail her visa straight away, or let her remain on it until it expires in just over 4 years' time? (at which point she would obviously be unable to apply for ILR)

2. If they do curtail it, does anyone know how long you usually have to leave the UK?

3. Will a curtailed visa affect any future applications she makes in any way, if she leaves willingly, using her own funds, within the time frame given?

4. If the HO don't curtail her visa, will she still be able to legally live and work here until it expires?

Many thanks for any help you can give!

[CR001]

1. The main Ancestry visa holder has a responsibility to inform HO that the relationship has broken down on the prescribed form, link below. HO will then follow their processes and the Ancestry dependent visa will be curtailed and your friend will have 60 days from the date of the letter to either leave the UK or make an application for any other visa they MIGHT qualify for. She will not be allowed to simply 'remain for the duration of the visa'. She will not be able to apply for ILR without her spouse and even more so if the relationship is no longer subsisting.
https://www.gov.uk/government/publicati ... nsent-form


2. 60 days from date of curtailment letter.

3. No.

4. They will curtail it and no she won't as the condition of her visa is wholly dependent on the main visa holder and being in a subsisting relationship with evidence to prove it.

I would strongly suggest your friend try to resolve the marriage issues, perhaps with some marriage counselling. It is very difficult moving to a country that is so different from SA and the toll on any relationship can be devastating, so best to try work things out and not rush things.

[lainybug]

Thank you for the reply.

Do you perhaps have any idea how long the HO takes to issue a curtailment letter, generally? Thank you!

[CR001]

It can take a few months, sometimes many months and sometimes a few weeks.

[lainybug]

Thank you very much for your help! We are waiting on a call back from the immigration lawyers at the moment. Thank you again

[CR001]

What question have you posed to an immigration lawyer? They will give you the same answer.

[lainybug]

The same questions are here, essentially, but we just wanted to be sure of her options.

[CR001]

Unless she qualifies for a visa in her own right or has a British partner, she doesn't have any options to remain on her Ancestry dependent visa as her status is wholly dependent on her spouse.

[lainybug]

I'm hoping someone may be able to offer some insight into a friend's situation, please.

She came over to the UK in 2016 as the dependent of an Ancestry visa holder. Now 2 years on, the relationship has broken down (for various reasons including emotional abuse). They are now no longer living together and have decided they can't make it work. She will be letting the HO know about the relationship breakdown shortly.

For the last few months, she has had a very close friendship with a man at work. They have stayed as friends and no more, as she is still married and was, until recently, hoping to make her marriage work (the friendship has nothing to do with her marriage breakdown). However, now that she will be divorcing, they would like to be in a relationship.

My question is this...

If she returns to her home country (South Africa) when she receives the HO visa curtailment letter, what are her chances of being able to return on a spouse visa in a few months'/years' time? (Provided of course that the relationship works out, and they meet all the visa requirements such as minimum income, accommodation and maintenance, etc). He is a British National.
In other words, will her having been here with another spouse (on a different type of visa) and it not working out, jeopardise a future spousal visa application?

Thanks!

[CR001]

No issue provided she meets all the requirements for a spouse visa at whichever point and obviously is divorced.

[lainybug]

Hi all,

I have a bit of a strange question but would appreciate any advice please.

A friend of mine came to the UK in Dec 2016 as the dependent of an Ancestry visa holder. Their relationship has broken down and she has let the home office know. She is currently waiting for them to send a curtailment letter, which we assume will be any day now.

She has met someone else and they would eventually like to marry once she is divorced. He is British.
The questions she has are:
- if she lives with the new partner before she leaves the country (while waiting for visa curtailment), will the HO look negatively at this with regard to future applications (as they could see it as adultery) or won't they care as she had already let the HO know about her relationship breakdown? She is worried they may consider her not to be of good character because of it.
- can she possibly switch to a spouse visa while still in the UK or does she have to return to her home country to do it?
- if she can switch, could her income count towards the spouse visa income requirement as she is technically still on a valid visa until hers is curtailed so is working legally?

We're aware it's a bit of a grey area!

Thanks for any help!

[lainybug]

Bit of a complicated question, but here goes...

Person A is in the UK, working legally, and earning more than £18600.
They are in the UK based on their relationship with person B, but this has broken down, they've let the HO know and had their visa curtailed.

They started a relationship with person C a while back and want to eventually return to the UK on a spousal visa.

Can person A's income from when they were working in the UK legally be used to count towards the £18600 financial requirement needed for a spouse visa?

Thanks!

[CR001]

Is this another query continuing on from your previous posts about your 'friend'???

immigration-for-family-members/can-work ... l#p1673916

immigration-for-family-members/can-work ... l#p1673916

immigration-for-family-members/ancestry ... l#p1529498

See also multiple posts/topics (click to read)

For spouse visas applied for OUTSIDE the UK, only the UK sponsor's income can be counted. Joint or applicant's income can ONLY be counted if applying within the UK.

[lainybug]

Thank you for the fast reply - much appreciated.

And yes it is still about her. She has now received her curtailment letter so just confirming her options before she goes back

PS) It is about a friend - I already have British citizenship.

Thank you again for your help!

[lainybug]

Apologies for not including them all in one post - didn't realise the rules and didn't want to cause confusion. Will delete them shortly.

[CR001]

Apologies for not including them all in one post - didn't realise the rules and didn't want to cause confusion. Will delete them shortly.

You can't delete posts. I will merge all of them together into one topic.

[CR001]

Thank you for the fast reply - much appreciated.

And yes it is still about her. She has now received her curtailment letter so just confirming her options before she goes back

PS) It is about a friend - I already have British citizenship.

Thank you again for your help!

I am aware it is for your friend.

What date has the visa been curtailed to??

[lainybug]

Thank you - was just about to ask how to delete them!

[lainybug]

5th November (60 days from the date of the letter)

[CR001]

How long has your friend been in a relationship with her new partner? Do they live together and if so for how long?

Your friend returning to SA is not a nice thought to be honest.

5th November (60 days from the date of the letter)

She must leave by this day latest if she is not submitting any further leave to remain applications within the UK.

[lainybug]

It's heartbreaking for them both

She has known him for probably 1.5 years, but they only "officially" started their relationship around April this year when she and her husband decided they couldn't make it work and separated. They started living together then but obviously she is still married :/

If she applies for another visa of some kind (we can't think of one just yet, but hypothetically) before her leave expires, she's allowed to stay here legally until the outcome is decided, isn't she?

I also assume she can't apply for a fiance visa until she is officially divorced, which takes a while.

Thank you again for your help

[CR001]

If she applies for another visa of some kind (we can't think of one just yet, but hypothetically) before her leave expires, she's allowed to stay here legally until the outcome is decided, isn't she

?
If there was on she qualified for yes, ie. unmarried partner visa. But unfortunately she does not qualify for that and there is no other visa she could switch to within the UK that I can think of. Does she have children with her husband?

I also assume she can't apply for a fiance visa until she is officially divorced, which takes a while.

No she cannot, not until the divorce process is nearing completion and after the Decree Nisi has been issued. A divorce in the UK can take many months.

[lainybug]

No, they don't have children.

We also can't think of any other visas unfortunately. It's so frustrating when someone who wants to be here, has worked two jobs for 2 years and paid taxes and generally contributed, cannot stay.

Hopefully things will work out...

Thanks again for the help

[lainybug]

Hi All,

Just a quick question...

If someone applies for a spouse visa under Appendix FM Section 1.7A, is there a minimum time period they need to have been employed and also receiving a disability payment?

I cannot see it in the guidance; only the following:

5.2. b) At least one personal bank statement in the 12 month period prior to the date of application
showing payment of the amount of the benefit or allowance to which the person is currently
entitled into their account.

5.3. b) Payslips covering the period of 6 months prior to the date of application or such shorter
period as the current employment has been held.

I know for section 1.7 it's 6 months employment at £18600 (or 12 months at the required level if employed in current job for less than 6 months), but is there an equivalent requirement under 1.7A? (other than if using savings - as that specifies 6 months).

Many thanks!

[lainybug]

Hi All,

Just a quick question...

If someone applies for a spouse visa under Appendix FM Section 1.7A, is there a minimum time period they need to have been employed and also receiving a disability payment?

I cannot see it in the guidance; only the following:

5.2. b) At least one personal bank statement in the 12 month period prior to the date of application
showing payment of the amount of the benefit or allowance to which the person is currently
entitled into their account.

5.3. b) Payslips covering the period of 6 months prior to the date of application or such shorter
period as the current employment has been held.

I know for section 1.7 it's 6 months employment at £18600 (or 12 months at the required level if employed in current job for less than 6 months), but is there an equivalent requirement under 1.7A? (other than if using savings - as that specifies 6 months).

Many thanks!