After a UK spouse visa marriage breakdown, our immigration lawyers can help you stay in the UK.
For urgent help and assistance, please contact us at 02033939272. Feel free to contact us via phone, chat, or in person if you need any assistance.
Spouse Visa Curtailment After A Divorce/Separation
You may be concerned about maintaining legal residence after the Spouse Visa restriction if you are divorcing while residing in the UK on a Spouse or Civil Partner visa.
The dependent party’s right to remain in the UK after a divorce ends, as per UK law, since that right is dependent on their connection with the UK sponsor. However, in cases of UK spouse visa marriage breakdown Home Office regulations allow for certain alternative routes to remain in the UK. You may be able to keep living in the UK by exploring a few other possibilities.
Evaluate your alternatives for remaining in the UK after a divorce. If you need assistance determining which visa will allow you to stay in the UK, consulting with an immigration lawyer is a wise decision. Get in touch with the knowledgeable advisors at Rees Clayton by calling 02033939272 or submitting an online form for case-specific guidance.
Duty to Notify of Change of Status
If your right to stay in the UK depends on being married to a British citizen or someone with settled status, and your relationship ends, you must tell the Home Office.
You can do this by filling out one of two forms:
- A public statement to inform the Home Office.
- A consent form to inform your ex-partner.
In cases of UK spouse visa marriage breakdown UK regulations state that your dependent partner’s leave will be limited to 60 days at this stage unless your visa is shorter than this; in that case, the Home Office will often let your visa expire. You need to change your category of application for permission to remain in the UK if you want to stay.
We take a look at a few immigration alternatives that could be open to you if you want to stay in the UK after a relationship ends.
Immigration Options After Relationship Breakdown
Typically, once a relationship ends, you may stay in the UK by choosing one of these options:
- You could be eligible for limited family residence leave if you’re the parent of a kid who was born in the UK, has permanent residence in the UK, or has been a resident of the UK for an extended period of time. The family or private life path, as outlined in the Immigration Rules’ Appendix FM or Appendix Private Life, is often used for such instances.
- You may be able to maintain your right to stay in the country regardless of your relationship status if you have a work visa, such as a Skilled Worker Visa. Another option is to see whether you can get a new work visa via sponsorship, provided you satisfy all the requirements.
- If you have legally resided in the UK for ten consecutive years under the Long Residence Rule, or if you fulfil the conditions for settlement in another category, you may apply for Indefinite Leave to Remain (ILR).
- Under some circumstances, a partner visa holder who can prove that they were a victim of domestic violence during their relationship may be eligible to petition for indefinite leave to stay.
What Will Happen to My Spouse Visa if I Separate From My Spouse or Partner?
- Spouse visa restriction means that your visa will be reduced or revoked if you and your spouse or partner split or if your relationship ends.
- The reason is, that you can’t enter the UK on a Spouse visa unless your connection is real and ongoing. You may need to make other arrangements if your relationship ends and your visa does not allow you to stay in the UK.
- In most cases, the Home Office gives Spouse Visa holders who are going through a divorce 60 days to figure out how they’re going to leave or stay in the UK. The Home Office has to know about the dissolution of your marriage as soon as feasible.
- Serious long-term implications, such as a conviction of immigration fraud, prompt deportation, and a ban on reapplying to the UK, might result from overstaying on a revoked Spouse Visa.
Remaining in the UK based on family life
After a breakup, you may be permitted to enter or stay in the UK depending on your connection with your kid, provided that you are the parent of a British or settled child and that you have obligations and frequent contact with your child.
Your minor kid must be a resident of the United Kingdom, under the age of eighteen, and either a citizen or holder of Indefinite Leave to Remain in order to qualify for this category.
For this application, a parent can be any of the following:
- A stepfather is a legal guardian of a minor kid whose biological father has passed away; the term “stepfather” encompasses relationships formed via civil partnerships as well;
- The mother-in-law of a kid whose biological mother has passed away; a stepmother-in-law relationship that has its roots in a civil partnership also qualifies;
- When it is determined that he is the father of an illegitimate kid, both parents are considered parents;
- If a child is born in the United Kingdom but their parents are not citizens, there might be a legitimate transfer of parental responsibility.
- A person who takes in children from a foster family.
Applications that fall under this category need several pieces of documentation to prove parental responsibility, which might vary based on the nature of the connection with the kid.
An important part of this application is proving parental responsibility, which has to be well-documented. Providing evidence of suitable housing in the United Kingdom for both you and your child is an additional critical component of your application.
If you have experienced a UK spouse visa marriage breakdown Home Office email notification may be required as part of the process. It is feasible to submit an application from outside the UK if you are no longer a UK resident, have left your spouse, and are now residing elsewhere. It is critical to be engaged in the kid’s upbringing and demonstrate financial stability in order to travel to the UK with a child, regardless of whether your relationship has ended.
Remaining in the UK with a work visa
Changing to a UK work visa is an option that isn’t usually thought of when a marriage or civil partnership ends, but it might be the best choice given the current situation.
The most common way for foreign nationals to enter the United Kingdom is on a Skilled Worker visa, which enables a sponsoring business to hire foreign nationals for skilled occupations.
You may stay in the UK for up to five years on a skilled worker visa. After that, you might be able to apply for Indefinite Leave to Remain.
Depending on your situation, you can be eligible for a different kind of work visa. You will have thought of everything if you take counsel.
Indefinite leave to remain in the UK
Your eligibility to apply for permanent residency with ILR is conditional on the length of time you have spent in the United Kingdom. This is usually the best choice for people who used to be in a relationship because your position will not rest on your ex-partner.
To be eligible for ILR, you must fulfil certain conditions, such as having legal residency for five consecutive years on a valid spouse visa, not exceeding the absence threshold while qualifying to live, and passing the English language and Life in the UK examinations.
Individuals with multiple visas may apply for Indefinite Leave to Remain after 10 years in the UK via a long residency application. You must provide proof of having held valid visas for a period of 10 years while in the UK if you want to apply under this category. There will be a lot of paperwork involved in proving UK residence over the last decade. For each visa you have, you’ll need to gather the necessary documentation.
How Rees Clayton Can Help?
If your Spouse or Civil Partnership visa has been restricted our committed immigration attorneys can assist you. In the event that your Spouse Visa is restricted after a divorce, you are faced with a pressing deadline to choose your future status in the UK.
One of our lawyers can meet with you right away to talk about your choices because they are spread out across the country. Collaborating with you, we will swiftly and thoroughly evaluate your top visa choices.
Contact Rees Clayton at 02033939272 or submit an online form to talk about your choices about remaining in the UK after a divorce. London, Manchester, and Birmingham are just a few of the locations where our immigration attorneys are headquartered in the UK. To locate the branch that is most convenient for you, you may use the office locator.
Frequently Asked Questions
Am I allowed to stay in the UK as a parent after getting divorced?
The Home Office understands that divorce can be tough for children, especially if one parent has to leave the country. To get a Family Visa, you must be the parent or main caretaker of a child who is a British citizen or a settled person and has full or joint parenting duty.
You don’t need to be married or in a relationship with the child’s other parent, but you must show that you are part of the child’s life. Even though there is no minimum income, you have to show that you can live in the UK without getting any help from the government. The visa is good for 30 months, but children under 18 can get an extra year.
Can my ex, spouse, or partner terminate my Spouse Visa?
Your partner, ex-spouse, or ex-spouse cannot cancel your Spouse visa. Since the Home Office gave you your Spouse visa in the first place, they are the only ones who can cancel or limit it. Also, they are the only ones who can really make you leave the country.
Does getting divorced change my ILR status?
If you are in the UK and have Indefinite Leave to Remain, a divorce won’t affect your status. You can still stay in the country.
How much time do I have to submit an application for a new visa?
When your visa is limited, the Home Office will give you a certain amount of time to leave the UK or apply for a new visa. It is important to act quickly.
May I remain in the UK following the dissolution of my relationship?
In some cases, you may be able to get a new visa, like a parent visa, a work visa, or leave to stay because of human rights.
