Is it possible to get a UK visa and continue to reside in the UK after a divorce if your right to remain is dependent on a marriage or long-term relationship with a stable sponsor in the UK? Dissolution of a marriage or civil union may have serious consequences on a spouse’s visa.
If your connection with your spouse or dependent visa ends, this article will help you understand your legal options for remaining in the UK.
To explore your options with Rees Clayton immigration lawyers, call 02033939272 or submit an online form.
How long can you stay in UK after divorce?
After a marriage or civil partnership ends, your ability to remain in the UK is conditional on your visa status and other individual factors. You are required to inform the Home Office of the dissolution of your relationship if your immigration status is contingent upon your relationship with a British citizen or an individual with settled status, such as under a spouse or partner visa.
Upon notification to the Home Office, your visa may be restricted, typically granting you a 60 days grace period to either register for a new visa or make provisions to depart the United Kingdom. Failure to act within this time frame may result in overstaying, which could have a detrimental impact on future immigration applications.
There are numerous alternatives for continuing to reside in the UK following a divorce. You may apply for a parent visa to remain in the UK and provide care for your children, provided that they are British citizens or have settled there. In the alternative, if you have resided in the United Kingdom lawfully for a period of ten years, you may be eligible for Indefinite Leave to Remain (ILR) under the long residence rule. An option for individuals whose relationship has ended as a result of domestic violence is to petition for ILR under the domestic violence rule. Furthermore, if you satisfy the eligibility criteria, you may be eligible for other visa categories, including work or study visas.
Your capacity to remain will be contingent upon your individual circumstances, including the timing of your application, your self-sufficiency, and the presence of children. It is advisable to seek professional immigration advice in order to carefully consider your options and prevent any potential violations. You will need to act promptly.
Informing the Home Office When a Marriage or Relationship Ends
If your visa is dependent on a real and continuing connection to a British citizen or someone with established status in the UK (your “sponsor”), you are required to inform the Home Office if your situation has changed and your relationship has ended permanently. This is applicable in some situations where you have a family permit, a spouse or partner visa, or are dependent on a previous partner’s visa. Do not put this off until the divorce is official.
Notifying the Home Office in a timely manner is crucial to avoid potential immigration implications, such as having your visa curtailed or facing penalties for overstaying or violating visa requirements. You should also think about the possibility that your ex-partner would inform the Home Office about your situation changing.
Both you and your ex-partner are required by law to inform the Home Office when a relationship ends. If you would want to contact the UKVI Marriage Breakdown Status Review Unit, you may do so by sending an email to StatusReviewUnit@homeoffice.gov.uk with the subject line “MARRIAGE BREAKDOWN” or by writing to 7th Floor, The Capital, New Hall Place, Liverpool, L3 9PP.
Include the following details about yourself and your ex-partner:
Your details:
- Name
- Date of birth
- Current address
- Passport number
- Home Office reference number
Your ex-partner’s:
- Name
- Date of birth
- Current address
- Passport number
- Inclusion of a Home Office reference number will be required for everyone and if you or your ex-partner have children in the UK.
If you have any children:
- Names
- Dates of birth
- Names of their parents or guardians
- The document lists who they reside with
- You need information about all child-related arrangements including the agreed amount of time each parent spends with their children
- Details of any financial arrangement for child maintenance
- Details of any family court case
An additional document, such as a signed permission form or public statement, must be attached to the notice. To ensure that your ex-partner does not have access to the specifics of your notice, you may use the public statement. Fill out the permission form if you agree to the Home Office sharing your email information with your ex.
When sending the form via email, be sure to include a scan or picture of the signed document. If sending by postal, include a signed copy with the letter. The Home Office will contact your ex-partner at the address you provided when they receive the notice.
Expiration of Visas
The visa holder’s permission to remain in the country will often be reduced to 60 days once the Home Office is informed of the separation. Due to the end of your partnership, you will no longer be eligible for a visa, and you will be unable to prolong your stay in the UK beyond the allotted time.
The purpose of the curtailment period is to give the visa holder some breathing room to choose whether they want to remain lawfully in the UK or seek out another visa.
This rule could be broken for less than 60 days if:
- If their visa’s remaining validity period is less than 60 days, then this expiration date will be enforced; or
- If there are extraordinary circumstances that necessitate the urgent reduction of leave; or
- This leave may be reduced by more than 60 days if there are extraordinary circumstances.
Any visa holder with a history of domestic violence or immigration violations may face immediate restriction.
Also, CID records showing that the visa holder was a victim of domestic abuse at the hands of their sponsor cannot be used to restrict the visa holder’s leave.
In order for the Home Office to decide on the duration of curtailment, the visa holder must include in their notice all the information about their intention to seek an exemption to curtailment.
After a divorce or separation, what are the visa alternatives?
After the restrictions on your spouse visa have been lifted, you will need to reapply for entry to the UK if you want to extend your stay. Your possibilities for remaining in the UK are conditional on your specific situation. There are several criteria that you must fulfil for each path. Consult an expert before attempting to “switch” to a new visa category; doing so is subject to certain limitations. Here are a few potential ways to immigrate:
- To be eligible for indefinite leave to stay, you must have maintained valid immigration status for at least five years of continuous residency.
- You may apply for a work visa, such as a Skilled Worker visa, provided you match the criteria for sponsorship, qualifications, pay, and language proficiency.
- Parents may apply via this method if they have a kid or children who are either British or have established in the UK and have been residents for seven years or more.
- If you have almost ten years of continuous legal residency, you might consider applying via the long residence option.
- It is dependent on your personal life whether you are:
- In the age bracket of 18–24 and have maintained a permanent residence in the United Kingdom for over 50% of your life, or
- You must be at least 18 years old and have lived in the UK for less than 20 years if you are unable to return to your home country without experiencing severe hardship.
- If you’re 25 or older and have maintained a continuous 20-year presence in the UK.
- Right to Retain Residence (see below)
The best way to figure out how to stay in the UK given your unique situation and the several visa categories that are now available is to consult an expert, who can advise you on all of your options.
Right to Retain Residence
When a relationship ends, several conditions must be satisfied before a non-EEA national who was dependant on an EEA family member may keep their right to live in the UK. For individuals who did not yet have their status regularised under the EU Settlement Scheme (EUSS), this pertains to people who resided in the UK with the EEA national before 1 January 2021.
You may be able to petition for retained rights if you and your ex-EEA partner shared parental responsibilities, such as child custody or visitation rights. A minimum of three years of marriage or civil partnership, with one of those years spent in the UK, and the commencement of divorce or dissolution procedures are required.
Everyone having a Retained Right of Residence in the UK will need to apply via the EU Settlement Scheme if they want to stay after Brexit. Applications submitted beyond the deadline may still be considered if the applicant can provide a valid explanation for the delay.
If your ex-partner refuses to assist the Home Office in a domestic abuse case, the office may decide to accept other forms of evidence, such as those from the police or the courts.
Frequently Asked Questions
After a divorce, what becomes of the spouse visa?
If you are divorcing your marriage, you must inform the Home Office. You will be required to either apply for permission to stay via an alternative procedure or depart the UK if your spouse’s visa is restricted.
Can I remain in the UK after a divorce for an extended period of time?
The Home Office will often limit your spouse visa to 60 days after you inform them of the separation. Take advantage of this window to request either permanent residency or a visa to depart the nation.
Is it possible to revoke my spouse’s visa for my husband?
If a couple’s relationship ends, one of them must notify the Home Office: the spouse with permanent UK residence or the spouse with a valid visa.
Can a divorce result in the cancellation of indefinite permission to remain?
Relationship status is irrelevant to ILR. Divorce will not change your immigration status if you already possess it.
Can a spouse visa allow me to remain in the UK after a divorce?
Notify the Home Office of the divorce or breakup of your partnership if your visa is dependent on your connection with a British citizen or someone with settled status. Even if your current visa is severely limited, you may still be able to apply for a parent visa or a long-term resident visa.
What will happen if I don’t tell the Home Office that I’m getting divorced?
Without proper notification to the Home Office, visas may be abruptly revoked, leading to the risk of overstaying and possible legal ramifications. You must notify the Home Office without delay upon the breakup of the partnership.
Am I able to apply for a new visa after a divorce?
It is possible to change your visa category, so you may be a parent visa holder, a worker visa holder, or a private life or long residence route holder if you have children already living in the UK. There are distinct requirements for each choice.
Should I depart the United Kingdom without delay after my visa is revoked?
After a visa restriction, the Home Office usually offers you 60 days to either apply for a different visa or depart the country. To prevent overstaying, make sure you take action within this time.
