Spouse visa curtailed just given birth

[k4iser]

Hello, i needed help and advise on what to do next. I came to the UK Last year in Feburary on a spouse visa sponsered by my husband, we lived together for 4 months and started having arguements and my husband did not want to live with me anymore and sent me to my aunties house. He notified home office and Uk border Agency that he is no longer living with me and added allegations to them that i was violent to him and attempted suicide. My visa has been curtailed after all this i had found out i was pregnant and gave birth to a son this year in may and have applied and recieved my sons British passport. this month the final divorce papers have come. I wanted to know what will happen to me once 2 year visa is over in Feb? Will I get Extended stay due to my son being British? What can i apply for to stay Here?

(Even though no proof was given to home office, Uk border Agency Will this affect me in any way now or in the future).

[batleykhan]

I am somewhat confused about your personal circumstances.

You say your visa has benn curtailed, but then go onto say no proof has been provided to teh HO, so how did this happen?

What do you exactly mean your visa is curtailed?

You say your final divorce paper have come through. What are these papers. Are they English divorce or Islamic divorce papers?.

Lets have an answer to these, then you might get advise.

I am afraid you might not want to hear the answers though

[UKBAbble]

Surely if your visa was curtailed you were given appeal rights?

[k4iser]

I am somewhat confused about your personal circumstances.

You say your visa has benn curtailed, but then go onto say no proof has been provided to teh HO, so how did this happen?

What do you exactly mean your visa is curtailed?

You say your final divorce paper have come through. What are these papers. Are they English divorce or Islamic divorce papers?.

Lets have an answer to these, then you might get advise.

I am afraid you might not want to hear the answers though

Hi, Sorry let me make things more clear uk border agency curtailed my visa up until the 2 year visa ends due to my husband not supporting my application.

My English divorce has come through this month leaving me only 5 months on my visa left.

my child is 4 months old and i have been able to make his british passport, will i be able to stay in the uk on compassionate grounds due to my son being british.

and what will be the requirments from me to be able to stay as my husband has protrayed me as bieng violent, abusive and mentally ill also he has had no contact with my since birth but his name is on the birth certificate.

[Wanderer]

Basically you can't stay on the strength of ur child being British unless u give the child up to ur former partner and apply for access to a child visa.

The fact is ur visa has been curtailed so it has expired now, not in Feb so you are illegal now.

[batleykhan]

You,ve beaten me to it again Wanderer, its exactly what I was going to say

[k4iser]

Basically you can't stay on the strength of ur child being British unless u give the child up to ur former partner and apply for access to a child visa.

The fact is ur visa has been curtailed so it has expired now, not in Feb so you are illegal now.

thank you, i know my visa has been curtailed but i have up until feb 2010 ti stay, will i not be able to stay because my child is british and my ex partner

[UKBAbble]

Basically you can't stay on the strength of ur child being British unless u give the child up to ur former partner and apply for access to a child visa.

The fact is ur visa has been curtailed so it has expired now, not in Feb so you are illegal now.

thank you, i know my visa has been curtailed but i have up until feb 2010 ti stay, will i not be able to stay because my child is british and my ex partner

If your visa has been curtailed it means that irrespective of the vignette in your passport you are now here illegally.

[Rozen]

How does the OP know that her visa has actually been curtailed? Did UKBA write to her telling her this? Surely if they did, they would have mentioned as to whether she had right of appeal, or had to leave the country asap. Or is this just an assumption? Not really understanding....

[UKBAbble]

How does the OP know that her visa has actually been curtailed? Did UKBA write to her telling her this? Surely if they did, they would have mentioned as to whether she had right of appeal, or had to leave the country asap. Or is this just an assumption? Not really understanding....

If it was curtailed it would attract a right of appeal so she would have been sent the relevant papaerwork.

[Rozen]

If it was curtailed it would attract a right of appeal so she would have been sent the relevant papaerwork.

That is exactly my point, and why I'm a bit confused! So I guess the question is, does she have paperwork from UKBA or not? If not, then she is just assuming that it has been curtailed already.

[immigrationuk2009]

Hi

I doubt her visa is curtailed as her leave is remaining less then six month and home office normally did not curtailed visa if less then six months leave is remaining.

One more thing said by many members if her visa is curtailed then she should have been given appeal rights so she can appeal and argue her artcile8 claim.

Has father interested in child.Has he applied for any court order.

Access to child visa is really possible if father is interested in child and has child contact order.Then you have a good chance.

Otherwise make an artcile8 application and nothing harm in trying.

UK_Banned_Member