If you have arrived in the UK as a spouse or dependant partner, then, separation or divorce can affect your immigration status.
In this article, we will outline what you need to do about your visa after divorce.
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- Spouse Visa
- What Are The Benefits Of A Spouse Visa?
- How To Extend Spouse Visa In the UK
- Which English Test is Required For UK Spouse Visa Extension?
- Family Visa
- British Citizenship
- Can You Gain British Citizenship?
I moved to the UK from overseas on a Spouse Visa. I am now separated from my partner. What happens next?
There are rules in place which you must follow, if you have separated or divorced from your partner and your visa is based on your relationship.
You must notify the Home Office that your circumstances have changed because your marriage or relationship has permanently ended.
Once you have notified the Home Office of your separation, your visa will be curtailed. You will no longer be eligible to live in the UK.
You will usually have a curtailment period of 60 days to sort out your next steps. There can be exceptions to this 60-day curtailment, however.
You must either apply to stay in the UK or leave the UK.
How do I know if my visa is based on my relationship?
Your visa is based on your relationship if you have permission to stay in the UK for a limited time as:
- a dependant on your partner’s UK visa
- a spouse or partner on a family visa
Your visa may also be based on your relationship if you have a family permit.
How do I inform the Home Office that I have separated from my spouse?
You must send an email to the Home Office to inform them that the relationship has ended.
The email must include both you and your ex-partner’s:
- date of birth
- passport number
- Home Office reference number (which you will find on letters sent from the Home Office)
If you or your ex-partner have children in the UK, you must also include:
- their names and dates of birth.
- names of their parents or guardians, and whom they live with.
- how much time do they spend with you or your ex-partner?
- how much child maintenance or financial help you give each other
- details of any family court cases you are involved in.
What supporting documents do I need to provide when I tell the Home Office that I am separated or divorced?
You will need to print, sign, and attach one of these forms to your email to the Home Office:
- public statement if you do not want the Home Office to tell your ex-partner any details from your email
- consent form if you are happy for the Home Office to tell your ex-partner the details from your email
You should attach a scan of the signed form to your email.
Both forms give the Home Office permission to contact your ex-partner at the address you give.
Send your email to the following email address: RelationshipBreakdown@homeoffice.gov.uk, with the subject line ‘MARRIAGE BREAKDOWN’.
If you do not have access to email, you can post a letter with your signed form to:
UK Visas and Immigration
Status Review Unit
New Hall Place
Can I stay in the UK after separating from or divorcing my partner?
You can apply to stay in the UK after separating from or divorcing your partner.
You must make the application as soon as possible after your relationship has ended. Do not wait until your current visa expires to apply.
How to apply to stay in the UK
You may be able to apply for a new visa, such as:
- a work visa
- as a parent of a child who is British, settled in the UK or has lived in the UK for at least 7 years
- based on your private life in the UK, for example, you have lived in the UK for a long time
- another type of visa
Alternatively, you may be able to apply to settle in the UK. This is known as ‘Indefinite Leave to Remain’. This means that you can live, work, study or claim benefits in the UK without time restrictions. You can use it to become a British citizen if you are eligible.
You may be able to settle in the UK:
- if your relationship has broken down because of domestic violence or abuse.
- through another way – for example, you have lived in the UK for 10 years (long residence).
What if I separate from my partner and my visa expires?
If your visa expires, and you haven’t applied to stay in the UK or left the UK, then you will be classed as an overstayer, who is in the UK illegally.
You will have 30 days to leave the country from the date it expired, or you may be deported. This can affect you if you wish to re-enter the UK at a later date.
Click here to read guidance from Citizens Advice on:
- Visa after Divorce
- Overstaying Your Visa
- Staying in the UK on a Visa Without Your Partner
- Staying in the UK as the Parent of a Child who Lives Here
- Check if Your Child Can Get a Permanent Right to Live in the UK
- Applying for Family Visas or Indefinite Leave
- Getting a Permanent Right to Live in the UK if you have a Family Visa
Can my ex-partner cancel my visa after divorce?
No, your ex-partner cannot strip you of your visa after divorce or separation. The Home Office is the only body with the power to do that.
I have separated from my partner. I wish to apply for a work visa so that I can continue to live in the UK and work in a job. How do I do this?
You can apply for a Skilled Worker Visa, but you must have a job offer, and meet the eligibility requirements.
If you already have a job, you may be able to ask your employer to sponsor your visa- they would need a valid Sponsorship Licence to do so.
I have separated from or divorced my partner. I am afraid to return to my home country. Can I stay in the UK?
If you are unable to return to your home country because you fear persecution, you may be able to claim Humanitarian Protection in the UK.
If you qualify, you will normally be granted temporary permission to stay in the UK for 30 months, or longer in exceptional cases.
Any dependant partners and children of a claimant will normally be granted permission to stay in-line with the main claimant, which means that the expiry date of the permission to stay is the same for all claimants.
Claimants will only be eligible if there is a real risk of serious harm if they return to the country of their origin. The claimant must prove that they qualify for Humanitarian Protection, for example, they are at real risk of unlawful killing, torture, violence or inhumane prison conditions.
Click here to view the guidance on being granted Humanitarian Protection in the UK.
Where can I get help on my visa application?
The immigration professionals at Synergy Immigration Solutions understand the complexity of the UK’s immigration laws and the issues that can arise during the application process.
That is why we offer all the support services you need for immigration applications, under one roof. That means there is only one cost to fully assist you in your visa application.
We enjoy working with individuals who need assistance with their visa applications.
- We will liaise with the UK Visas and Immigration (UKVI) on your behalf- saving you time, effort, workload, and stress.
- We will answer your questions and address any concerns. We are proud to offer a bespoke personalised service, tailoring our advice to suit your needs and ensure that your application has the best chance of success.
- We handle all applications in an efficient and timely manner, keeping our clients well-informed throughout the process.
It is important to have the correct documentation to ensure that your immigration application is approved.
We would always recommend that you appoint a specialist such as Synergy Immigration Solutions to manage this process for you.
Click here to contact Synergy Immigration Solutions and submit your query.
Alternatively, email firstname.lastname@example.org or call 020 315 05359. We will get back to you within 24 hours and we are more than happy to help.
About Synergy Immigration Solutions
We are a UK immigration agency, regulated by the Office of the Immigration Services Commissioner (OISC). We are proud members of the Immigration Law Practitioners Association.
To find out more about Synergy Immigration Solutions and our visa services, visit our website here.
To contact us, call us on 020 315 05359, email email@example.com or fill in our online contact form here.
Read articles on our blog here, to find the answers to frequently asked questions about topics such as spouse visas, the UK skills gap, and right to work checks.
We hope you now better understand what happens to your visa after divorce or separation.
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