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UK Visa Curtailed by mistake!?
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UK Visa Curtailed by mistake!?

Hi, Really need some advice, genuinely need help and advice. My Egyptian husband with whom I have a 2 year old son was granted a 2 years Spouse Settlement Visa in March 2010. He came to the UK but shortly after we had a huge argument and he returned to Egypt. I notified the UK Border Agency that he was not staying with me, as was my obligation and before I knew it they had "curtailed" his Visa. We are now back together (I'm sure we are not the only married couple who have fought and broke up in a crazy way before!) and I want him to return to live with us again, but am not sure what to do about the curtailment, whether we can get it overturned or if we have to start the process again ( I hope not) especially as it is impossible to contact anyone at the UK Border Agency. Any advice would be really helpful, and please I do not wish to hear from people who want to have a go at me. Many thanks, Claire







AnYing
Rating
Unfortuneately, it was 'not' a mistake as such on the UKBA's part. it was based on your instruction that the relationship was no longer existing. Solution 1: start the visa process again.... Solution 2: Advise the UKBA that the relationship is back on/is continuing, and request that visa be resumed... and that.. You previously informed them of his return to Egypt as a courtesy, there was no intention to indicate that the relationship was genuinely over permanantly as such. Therefore that the UKBA misinterpretted the information, and acted without confirming that the notification of travel was the same as the relationship being over. This was merely a temporary tiff, but felt that you informed them as you felt you were obliged to inform of every small detail. This is the more so, as clearly you have had a substantial relationship for over 2 years and a child as well. Talk to them on the phone at the contact center. And next time, advise the UKBA only if (and really if) the relationship has broken forever (and has been for long enough that it will never standa chance of resuming). Most people do not bother to informa the UKBA, both because the trust the other person not to abuse the visa, and second because there can be the chance to resume the relationship.


The Dark Side
Rating
The mistake was to have ever told the UK Border Agency anything. They will have made the assumption that "it's all off" and naturally cancelled your husband's visa. (I remember my parents' occasional rows so of course you're not alone!) The way to go about this is do whatever you can with the UK Border Agency, and when that fails (and keep detailed records of whatever you do), and you have exhausted all other possible options (this is important), get in touch with your MP and get them to take up the case. Your MP is the "nuclear option" and can be really useful ONCE you have exhausted all other possibilities first. You could suggest referring the case to the Ombudsman as a case of maladministration, and you can only do that via your MP. Just a little personal experience... I used to be the NAO auditor in charge of auditing the national PAYE system - am still a civil servant now - and it was amazing what an MP could do. Whenever a seriously aggrieved taxpayer complained to their MP, the file went right to the top shelf and got treated with the utmost seriousness. Any correspondence from an MP WILL get responded to. But I stress, exhaust all other possible options first. If even that doesn't work, get Theresa May involved as Home Secretary in charge of the UK Border Agency (it's part of the Home Office). And David Cameron if you like.







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