If you are living in the UK on a spouse visa, it’s important to understand what will happen to your immigration status if you remarry or divorce your British husband or civil partner. In particular, if you are considering a UK spouse visa after divorce, your visa status may be affected.
How Does a UK Spouse Visa after Divorce Affect?
A spouse visa permits foreign nationals to live in Britain while being married or being in a civil partnership with someone located in the UK. The UK immigration rules require your valid leave to remain dependent on staying in a genuine and legally recognised marriage or civil partnership which exists.
The spouse visa depends entirely on the continuous nature of your relationship with your UK partner. When your relationship with your UK partner ends you automatically fail to satisfy the requirements needed to remain on this visa type. Your right to live and work in the UK with your spouse visa will end as soon as your spousal eligibility criteria become invalid.
You must inform the Home Office about your relationship ending after which your visa duration will be reduced. You must take needed steps to remain in the UK during a brief period because failing to do so means you must depart the country.
What about a Separation Rather than a Divorce?
A spouse visa stays valid if you show both genuine relationship and relationship continuity. Your immigration status remains unaffected regardless of whether you choose spouse visa divorce or separation from your partner in the UK. Your legitimate immigration status requires attention after your spouse visa eligibility expires due to separation from your UK partner.
If your ex-partner is a British citizen
The requirement for lawful residence in the UK demands a new immigration permission through a different visa unless you meet eligibility requirements. Otherwise you must depart the country.
The options to stay in the UK under a route will differ based on multiple elements and your specific situation.
- Applying for settlement in the UK, otherwise known as indefinite leave to remain.
- To apply for leave to remain under a family visa, on the ground that you are the parent of a child who is British, has settled in the UK, or has lived in the UK for a continuous period of at least 7 years
- Applying for a visa to live with your family in the UK based on your private life, such as if you have lived in the UK for a long time.
- Leave to remain in order to exercise a work visa
Due to the time constraints of getting new leave to remain and the effect that getting divorced will have on your immigration status, you should always get professional legal advice to make sure you know all of your options and the steps you need to take to make your application.
Establish a residence in the United Kingdom
Once you settle in the UK, you will not be dependent on your spouse for your status and so you can live, work and stay there permanently as you meet the requirements for your own eligibility. It will also give a route to British citizenship.
If you have been the partner of a British citizen or a person who has settled in the UK for the required time period then you may be eligible to apply for indefinite leave to stay (ILR). Typically, five years of continued residency is the time that qualifies. Besides, in order to be accepted, you might also have to satisfy the so-called KoLL condition, which comes down to your knowledge of the English language and culture of the UK. It means you had better be able to demonstrate that you are willing to abide by and uphold the laws, customs, and values of the United Kingdom, and being able to communicate in English and to have a knowledge and understanding of UK culture is a major part of this.
If you are not exempt on account of age or any other factor, you will meet KoLL by proving that you speak English sufficiently well and sitting a ‘Life in the UK’ test at an approved testing centre.
You can show that you know English well through demonstrating completion of an authorised English language exam or you hold an academic degree taught or studied in English and its equivalent to a UK bachelor’s, master’s, or doctoral degree.
What are the Parent Route Options?
On the other hand, if you are a parent of a child already residing in the UK and meet one of the following criteria, you could be able to remain in the UK on a family visa:
- The child is a born British citizen.
- For example, the child has settled in the UK, in other words, they have indefinite leave to remain, settled status, or proof of permanent residence.
- The child has lived in the UK for 7 years, and it would be unfair to expect her to leave.
You cannot apply as a partner or a foreign national unless you are the child’s only parent. If you share parenting responsibilities, the other parent must be a UK citizen or a permanent resident.
You must be able to physically see a child if you do not reside with them, either by mutual agreement with the other parent or by a court order.
For instance, you’ll need to demonstrate your level of involvement and your intentions about your child’s upbringing. Additionally, you need to prove that you are fluent in English and that you and your kid will not end up draining the government’s coffers.
If your child is a British citizen or has been in the UK for seven years and it would be unreasonable for them to leave, you may still be allowed to apply for leave to stay in the UK even if you don’t fit these conditions. You should seek guidance based on your individual circumstances since immigration law in this area is complex.
Which Choices Are Available for Family Life?
You may be able to apply for leave to remain in the UK if you have lived in the UK for a considerable and continuous amount of time. To apply because of family life, there must be one of the following:
- You have been in continuous residence in the UK for 20 years
- You have lived continuously and under the age of 18 in the UK for at least 7 years and it’s also unreasonable to expect you to leave.
- As you are between 18 and 24, you have to have lived continuously in the UK for at least half your life.
- You are 18 or over and have been resident in the UK for less than 20 years, and it would be very difficult to integrate into the other country if required to leave the UK, for example, you would be at real risk of being persecuted or sexually, politically, faith or gender, discriminated or harassed against.
What are the Alternatives for Work Visas?
The Skilled Worker Visa is the most common work visa to gain entry to the UK for those workers who have been offered a skilled job that meets the relevant criteria, such as the criteria of pay thresholds and skill thresholds and you will need to be sponsored by an authorised UK employer.
You would need to score points under this category of visa, specifically 30 points for being assigned a valid certificate of sponsorship by a licensed UK sponsor, 20 points for having the appropriate salary for this category of visa, 10 points for being able to prove your knowledge of English to the requisite level, plus 10 points for being able to demonstrate that you can support yourself in the UK.
Taking advice will again ensure you have explored all of the options relevant to you and your circumstances and eligibility.
Domestic Violence Exception
If you broke up with someone having your partner a British citizen or someone who is settled in the UK on the basis of domestic violence, you could apply for indefinite leave to remain. This application can be based on psychological, physical, sexual, financial, and emotional abuse.
If you want to stay in the UK because of domestic violence, you must apply for leave to remain as soon as possible after your relationship ends.
Would it be possible for your Spouse to Terminate your Visa?
Your wife or husband cannot simply cancel your spouse’s visa, the only person who can do this is the Home Office. If you are on a visa, you or your ex-partner will need to tell the Home Office if you’re getting divorced or separating, as they will determine the terms of your relationship. Telling the Home Office about your UK spouse visa divorce does not automatically cancel the spouse’s visa. Instead, the Home Office will decide what happens next. They can then send you a curtailment letter letting you know you have 60 days to apply for a new visa or leave the UK.
If your spouse’s visa is curtailed, we advise that you consult an immigration solicitor in the UK as soon as possible who shall explain your immigration options. You have limited time to apply for a new visa. We will explain the visas available to you if you wish to stay in the UK and will manage the application process on your behalf. If your spouse’s visa has been curtailed, it may be possible to apply for a visa if your circumstances allow.
- Skilled Worker visa
- If you have a child who is a British citizen, settled under Indefinite Leave to Remain (ILR), or resident in the UK for 7 years and it would be unreasonable to expect them to leave, it may be possible to come and live in the UK on a Parent visa under the Family visa scheme.
- If you have remarried, you get a spouse visa.
- If you have continued to live in the UK for a minimum of 5 years, you may apply for Indefinite Leave to Remain. ILR can also be applied for by those who are victims of domestic violence while on a Spouse visa.
How Long Can I Stay in the UK After Divorce?
Once you have told the Home Office that your separation is final, your spouse visa will usually be closed (curtailed) to 60 days. In other words, if the spouse visa holder does not take other measures, they need to leave the UK within 60 days. It took the Home Office a year to refuse to reapply, despite a change of circumstances, because they want to allow the visa holder to review their options and decide what is best for them and for their children. This will usually be in order to submit a new visa application, a submission for Indefinite Leave to Remain or to leave the UK.
If you tell the Home Office about your separation less than 60 days before your spouse’s visa expires, the visa will still expire on the original date.
Moreover, the Home Office may curtail the visa immediately if there occur exceptional circumstances or may insist on curtailment for longer than the standard 60 days. For example if the visa holder is victim of domestic violence Home Office does not need to reduce the period of the visa.
What Happens if you Divorce on a Spouse Visa?
According to the Home Office, a person who is in the UK on a spouse visa can stay only while they are in a genuine partnership with their spouse. If you’re a spouse visa holder, then upon divorce or separation from your spouse, you have to inform the Home Office.
Similarly, the Home Office demands that the ex-partner should tell them about the separation. In other words, both of them are under an obligation to inform the Home Office in the case of divorce or separation.
When it comes to informing the Home Office about your separation from your partner, they will then curtail (shorten) the length of your visa.
Duty to let the Home Office know
If you’re living in the UK on a spouse visa and decide to get a divorce, you need to tell the Home Office about the end of your relationship. Failing to do so can affect any future applications you make for staying or settling in the UK.
To inform the Home Office, you need to send a letter with the following details:
- Your name and your ex-spouse’s name
- Your dates of birth, addresses, passport numbers, and any Home Office reference numbers
- Information about any children (who they live with, how much time they spend with you or your ex-partner, how much financial support you give each other, and any court cases related to the children)
You also need to include one of these forms:
- Public Statement – If you don’t want the Home Office to tell your ex-partner about your letter. The statement says that your relationship is over, you no longer live together, and you don’t plan to in the future. It also says that the Home Office can share this information with your ex-partner.
- Consent Form – If you’re okay with the Home Office sharing your letter’s contents with your ex-partner.
Make sure to send all the necessary information to the Home Office to avoid any future issues with your visa or stay in the UK.
How Rees Clayton Can Help?
If you are in the UK on a spouse or partner visa and have split from your partner or spouse, you must tell the Home Office. If you are qualified, you can then apply for a new visa in a different category so you can stay in the UK. If you can’t get a new legal visa position, you have to leave the country.
Rees Clayton are expert in UK immigration and can help people with their Home Office forms and UK immigration status. We can help you if you’re unsure whether you can stay in the UK after your relationship ends or if you need guidance on applying to the Home Office.
Get in touch with us for expert UK visa help.
FAQs
What are the consequences of divorce on my spouse’s visa?
If you are on a spouse visa and divorce then you need to notify the Home Office. You will probably have to curtail your visa, which means shortening your time in the UK and you might have to apply for another type of visa or even leave the UK.
Do I have to notify the Home Office of my divorce?
The Home Office legally requires you to inform them if your relationship has ended. If you fail to do so, your immigration status or any future applications for a position in diplomatic service in the UK may be affected.
Can I remain in the UK if my spouse’s visa has been revoked?
If you have children in the UK, there are several ways you may be able to stay:
- Parent Visa: If you are responsible for a child living in the UK.
- Work Visa: If you qualify through employment.
- Long Residence Rule: If you have lived in the UK continuously for 10 years.
Each option depends on your situation and meeting the required conditions.
What if I divorced because of domestic violence?
If you separated from your partner because of domestic violence you may be allowed to stay in the UK independently of your partner under the domestic violence rule and apply for Indefinite Leave to Remain (ILR).
How much time do I have to act after my visa is diminished?
Typically, the Home Office will give you a 60-day grace period to apply for a new visa or make arrangements to leave the UK. Acting within this time frame is essential to avoid overstaying.
What documentation is required after my divorce?
The divorce could require evidence, you may also be asked for any evidence that you are eligible for an alternative visa and any relevant supporting documents for your new application.
