If your marriage breaks down while you’re living in the UK on a Spouse Visa, it can raise serious questions about your right to remain in the country. This visa is granted on the basis of a genuine and subsisting relationship with a British citizen or settled partner. That’s why divorce can directly affect your immigration status.
In this article, we explain what happens to your Spouse Visa if you separate or divorce, what options may be available to stay in the UK and how to take the right legal steps to protect your future.
How divorce affects your Spouse Visa
Your Spouse Visa allows you to live and work in the UK because you are married to a British citizen or a person with settled status. That also applies for those in a civil partnership. Once the relationship legally ends through divorce or dissolution, your visa is no longer valid.
The Home Office considers the relationship breakdown as the end of the reason for granting the visa. This means you will usually have a limited period of time to regularise your immigration status or leave the UK.
If you continue to live in the country after your visa has been curtailed or expired, you could be considered an overstayer, which can seriously affect your ability to return to or remain in the UK in the future.
Informing the Home Office
If you separate or divorce, you are legally required to inform the Home Office. This is usually done by completing a form that confirms the end of your relationship and provides details of your current circumstances.
Once notified, the Home Office will review your case and may issue a curtailment notice. This letter will usually give you around 60 days to make alternative immigration arrangements or leave the UK voluntarily.
Failing to notify the Home Office could cause problems if you later apply for a new visa, as it may be viewed as an attempt to conceal information or breach visa conditions.
Options to stay in the UK after divorce
If you wish to remain in the UK following a divorce, there are several visa options you may be eligible for depending on your circumstances.
1. Parent route visa
If you have children who are British citizens or have lived in the UK for seven years or more, you may be able to apply to stay as a parent with sole or shared responsibility.
2. Skilled Worker Visa
If you have a job offer from a licensed UK employer, you may be eligible to switch to a Skilled Worker Visa. This option is suitable for those who meet the salary, skill and sponsorship requirements.
3. Private life or long residence route
If you have been living in the UK for several years, you may be able to apply under the private life route. This usually applies if you have built strong personal and social ties or have lived in the UK for at least 10 years lawfully.
4. Domestic violence concession
If your relationship ended due to domestic abuse, you may be eligible to apply for indefinite leave to remain immediately under the Domestic Violence Concession. You will need to provide evidence of the abuse and demonstrate that the relationship broke down permanently as a result.
Each visa route has its own criteria and not all applicants will qualify. Seeking professional advice from an immigration solicitor is crucial to determine which route applies best to your situation.
What happens if you already have indefinite leave to remain
If you obtained indefinite leave to remain before the divorce, your settlement status should not be affected. Once ILR is granted, it is no longer dependent on your marriage. However, if you were still within the five-year or ten-year qualifying period at the time of divorce, you will not be able to continue on that route.
You would need to apply for another type of visa or leave the UK.
Staying compliant and protecting your future
Divorce is difficult enough without the added stress of immigration issues but taking early action with a Spouse Visa solicitor, can make a significant difference. You should:
- Notify the Home Office promptly
- Seek immigration advice before your visa is curtailed
- Check whether you meet the criteria for another visa
- Keep copies of all correspondence and legal documents related to your case
Get professional help
Losing your Spouse Visa because of divorce can be daunting but alternative routes may still allow you to remain in the UK. The right legal support can help you navigate this process with confidence and ensure you comply with all Home Office requirements.
To find out more about your visa options after divorce, contact Osbourne Pinner Solicitors for specialist advice. We offer a free 30-minute consultation at our offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester or online for your convenience.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
Call 0203 983 5080, email [email protected] or fill out the form below to book your consultation.
