UK Spouse Visa Marriage Breakdown
Are you worried about your future in the UK after a marriage breakdown? The fear of losing your right to remain in the UK can be overwhelming. When a marriage ends or divorce occurs, our immigration lawyers are here to assist you in securing your stay in the UK.
For immediate support and help with your situation, call us at 02033844389. We can assist you over the phone, in person, or via online chat.
Overview of UK Spouse Visa Marriage Breakdown
Many people choose to bring their spouses to the UK with them by getting a UK Spouse Visa. On the other hand, if your marriage breaks down on the UK spouse visa, you do not automatically keep your right to stay. Your legal status will change.
After a divorce, the dependent party’s eligibility to reside in the UK will be revoked by law because their leave depends on their relationship with the UK sponsor. However, you might be able to keep living in the UK by exploring a few different possibilities.
Even if your relationship ends while you are in the UK on a spouse visa, you can still stay there. You will just have to “switch” visas. Still, there are other ways for you to stay, but they depend on your situation. But not everyone has access to all of the choices.
Before deciding to leave the UK after a divorce, you must consider your choices. 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 UK Immigration Solicitors by calling 02033844389 or submitting an online form for case-specific guidance.
If you split up or get divorced while on a Spouse Visa, the first thing you need to do is let the Home Office know.
Should I tell the Home Office about my marriage breakdown?
Yes. When your UK spouse visa marriage breakdown or relationship ends, it is your responsibility to tell the Home Office if you are in the UK on a spouse visa. As soon as possible, the Home Office wants you to write to a certain department called the Marriage Curtailment Team and describe what happened.Â
If you and your partner’s UK Spouse Visa marriage ends, you need to email (or write, if you can’t email) the Home Office and give them the following information about you and your partner:
- Name
- Date of birth
- Address
- Passport number
- Home Office reference number
Additionally, you are required to disclose: any children in the UK that are either born to you or your ex-partner
- Their names and birthdates
- Who do they live with and their parents
- Time spent with you or your ex-partner
- Child maintenance or financial support you share
- Family court case details
Additionally, attach either:
- A public declaration if you don’t want the Home Office to share your ex-partner your email details.
- Also, a consent form if you want the Home Office to notify your ex-partner your email details.
- You need to print out one of these forms, sign it, and then scan and send a copy of it to your email.
Visit the UK Government website (gov.uk) for contact information and steps.Â
However, you should definitely talk to a lawyer before doing this, because once you tell the Home Office, you will probably be told that you need to quickly apply for a new visa or leave the UK.
Our experienced UK immigration Solicitors can help you with your immigration process.
Will my UK Spouse visa be revoked after my Marriage Breakdown?
If you get married or your relationship ends, your UK partner visa will usually be limited to 60 days. However, if you have less than 60 days left on your visa, the Home Office will usually let it run its course. When a couple’s relationship ends, the Home Office is required by law to investigate the situation thoroughly, looking for signs of domestic abuse and other issues including child custody. If there are strong signs that domestic violence has happened, the Home Office may look into it further.
According to reports, the Home Office can cancel your visa right away if there are claims that your UK sponsor has been a victim of domestic abuse or if you have a past of abusing immigrants.
Our experienced UK immigration Solicitors can help you with your immigration process.
How Can I Contact the Home Office?
This is where you should send your notice to the Home Office: RelationshipBreakdown@homeoffice.gov.uk
Insert “MARRIAGE BREAKDOWN” in the subject line of your email.
Here is the physical address to use in case you are unable to send an email:
UK Visas and Immigration
MARRIAGE BREAKDOWN
Status Review Unit
7th Floor
The Capital
New Hall Place
Liverpool
L3 9PP
No matter what you decide, be sure to provide a signed consent form or public statement along with all the required information.
You can rely on our UK immigration solicitors to help you communicate with the Home Office in a way that is compliant with all regulations. If you need help right now, dial 02033844389 or contact us online.
Our experienced UK immigration Solicitors can help you with your immigration process.
Can I stay in the UK by myself?
Unfortunately, you can’t stay in the UK on a Spouse Visa. You will have to fill out a new application and see if you are qualified for another visa. You can also apply to stay with your kids if you want to be an active part of their lives.
Getting a different visa
In order to legally stay in the UK, you can fill out several different visa forms. You may have to leave the country if you don’t get a new Spouse Visa.
Overstaying, or staying in the UK without a valid reason, is illegal and will negatively impact your chances of getting a visa in the future. Because of this, you should tell the Home Office about your new situation right away and start the process of applying for a new visa immediately.
For instance, you might be able to use:
- Seeking a work visa. People who want to work in the UK most often get Skilled Worker Visas or Health and Care Worker Visas.
- Having a British child who lives in the UK, or has lived there for at least 7 years
- Depending on your personal life in the UK; for instance, you have lived there for a long time or it wouldn’t make sense to go back.Â
Our experienced UK immigration Solicitors can help you with your immigration process.
What happens if domestic violence ends your relationship?
There are clear rules from the Home Office on what people can do to get Indefinite Leave to Remain (Domestic Violence). If you are being abused by a British citizen or settled person and are with them, you may be able to settle.
You need to show these things:
- The last time you were granted permission to be a partner, your relationship was genuine and ongoing.
- Your partner and/or their family hurt you physically or emotionally, which is why you broke up with them.
- You can apply for this even after you’ve split up with your partner, so start as soon as possible.
Our experienced UK immigration Solicitors can help you with your immigration process.
How Can UK Immigration Solicitors Help?
We understand that splitting up with your partner is an extremely difficult and stressful time and that it can be even worse if you have kids. You can get a visa in several ways, but not all of them may work for you. So, getting help from a lawyer can ease your stress and make it easier to change your visa so you can stay in the UK.
For all new clients, we offer a free consultation where we can look at your case. Call us now at 0203 384 4389.
Table Of Contents
- Overview of UK Spouse Visa Marriage Breakdown
- Should I tell the Home Office about my marriage breakdown?
- Will my UK Spouse visa be revoked after my Marriage Breakdown?
- How Can I Contact the Home Office?
- Can I stay in the UK by myself?
- What happens if domestic violence ends your relationship?
- How Can UK Immigration Solicitors Help?
- Frequently Asked Questions
Our experienced UK immigration Solicitors can help you with your immigration process.
Frequently Asked Questions
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Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.
Can I apply for a work visa after the divorce?
You may be able to keep living in the UK even after a divorce if you are currently here on a Spouse Visa; a Work Visa may be your ticket to staying there.
But this is only an option for those who apply for the Skilled Worker Visa from a country other than the UK. It is possible to have your employer sponsor your visa if you are currently employed. This will enable you to remain in the country. This depends on whether they have a Sponsorship Licence and can offer a Certificate of Sponsorship.
However, you will only be permitted to do so if you negotiate with your current employer, allowing you to leave the UK and apply elsewhere.
Currently, approximately 29,000 businesses in the UK have a Sponsorship Licence, which grants them the ability to employ qualified foreign workers. You must demonstrate that you can sustain yourself financially and generate a specific minimum salary to qualify for this visa. The income criteria do not apply to some jobs.
Can my wife cancel my spouse's visa?
The Home Office is the sole authority with the right to cancel or restrict your Spouse visa since they are the ones who initially issued it. Finally, no one else can force you to leave the country except them.
Can I Stay in the UK as a Parent After Divorce?
If you’re divorced but have a child who is a British citizen or has settled status, you may be eligible to stay in the UK by applying for a family visa. The Home Office recognizes the importance of having both parents involved in a child’s life and generally does not seek to separate parents from their children.
Eligibility for a Parent Visa
You may apply for this visa if:
- You are the parent or primary caregiver of a child who is a British citizen or settled in the UK.
- You are actively involved in your child’s life, even if you’re not in a relationship with the other parent.
You’ll need to show proof of your involvement in your child’s life. This could include, for example, a letter from your child’s school confirming your attendance at parent-teacher meetings or your general involvement in school activities.
Financial Requirements
Unlike some other visas, a parent visa doesn’t require a minimum income. However, you must show that you can support yourself in the UK without relying on public funds.
Duration of the Visa
The parent visa is initially valid for 30 months (2.5 years) and can be renewed if your child is still under 18.
This visa provides a path for divorced parents to stay in the UK and maintain an active role in their child’s upbringing.
Will my ILR status be affected by a divorce?
There will be no effect on your ability to remain in the UK after a divorce if you already hold Indefinite Leave to Remain status.
Can I keep my Spouse Visa if I'm experiencing domestic violence?
No matter how long your marriage lasts, you have the legal right to apply to settle in the UK if you are on a Spouse Visa are enduring violence in your relationship, and want a divorce.
Domestic violence can be mental, physical, sexual, financial, or emotional. Documentation of the abuse is required. This may include medical evidence of domestic violence, a domestic violence protection notice, or court records related to a domestic violence protection order.
A letter explaining your application for settled status should be sent to the Home Office detailing the relationship’s breakup during the probationary term. A “Concessions for Victims of Domestic Violence” can be used. By taking this path, you can remain in the UK for a period of three months while you apply for permanent residency.
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