⚠️ Switching Asylum Visa | UK Immigration Solicitor Explains

Many migrants only realise the seriousness of visa curtailment after it has already happened. Missed deadlines, incorrect switching advice, or delayed action can remove lawful routes entirely.

In this video, Kayani, a UK immigration solicitor regulated in England and Wales, explains what happens when a visa is curtailed following divorce from an EU or European spouse, and what legal options remain under current UK immigration law in 2025.

The discussion explains post-Brexit EU regulations, treaty rights under the EEA Regulations as amended, and how individuals who exercised treaty rights for at least three years during a genuine and subsisting marriage may still have appeal rights. Kayani clarifies that domestic violence is not a mandatory requirement where treaty rights have been exercised; however, evidence of lawful work and residence during the marriage period is critical.

This video also addresses Section 3C leave under the Immigration Act 1971 and explains why timing is decisive. Where no application is made within the 60-day curtailment window, Section 3C protection is lost. Once broken, switching into points-based routes such as Skilled Worker or Student visas from within the UK is usually no longer possible.

Practical scenarios from the transcript are covered, including asylum applications made after curtailment, whether switching is possible while an asylum claim is pending, and the risks of making private life applications without strong evidence. Kayani explains why private life applications are legally complex and should not be attempted without professional assessment.

The video also touches on EU Settlement Scheme issues, including pre-settled status extensions, long absences during COVID, clock resets, and when medical or compassionate reasons may justify earlier settlement applications.

Kayani Legal is a LEXCEL-accredited law firm providing immigration and family law services across England and Wales. Legal Aid is available for eligible family matters, including domestic abuse and child proceedings.

Don’t let past mistakes hold you back. Contact Kayani Legal today for personalised, precise, and cost-effective legal support.

Kayani Legal Contact Details:
Website: https://kayanilegal.co.uk
Email: [email protected]
Phone: 020 8478 5797
Address: 128 Ilford Lane, Ilford, IG1 2LE

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CHAPTER NAVIGATION
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00:00 EU spouse divorce and visa curtailment
00:46 Treaty rights after relationship breakdown
01:31 Appeal rights under post-Brexit EU rules
02:32 Section 3C leave explained
03:37 Why switching visas may no longer be possible
04:43 Asylum applications after curtailment
05:55 Risks of private life applications
08:58 Evidence and legal representation warnings
09:45 Pre-settled to settled status absences
10:24 When settlement clock restarts

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