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It can be hard to figure out the rules, requirements, and choices for a Spouse Visa, especially when going through big life changes like getting divorced or separated. If you’re wondering, can my wife cancel my spouse visa UK? Keep reading. In this guide we will provide detailed information on how to cancel a dependent visa in the UK and can your wife cancel your spouse visa.
We have skilled immigration lawyers who can help you understand your rights. Also, how your new situation might affect your ability to stay in the UK and get a visa. You can call UK Immigration Solicitors at 02033844389 or email us today to talk about your visa choices.
Can my wife cancel my Spouse Visa UK?
The person you’re married to or partner with cannot cancel your Spouse Visa. When it’s necessary, the Home Office cancels your visa. However, both you and your partner can tell the Home Office that you are no longer living together. If your visa is based on your relationship, you must officially tell the Home Office as soon as possible that you are no longer together. If you don’t let the Home Office know about changes to your UK visa status, you could be deported.
Can I Stay in the UK If my visa is cancelled?
If your visa is revoked, you can’t stay in the UK. A spouse visa rejection does not always mean the end of your stay in the UK, though. If you haven’t broken any of the rules for spouse visas, you will be given some time before your visa is officially revoked. Usually, this time is 60 days. The Home Office typically allows your visa to expire during this period if it is nearing or has already expired.
The Home Office may send you a cancellation letter (also called a reduction letter) after you or your previous partner has filed for a change of circumstances. You can stay in the UK if you have a letter of rejection or curtailment. You have 60 days to think about your choices, apply for a different type of visa, or leave the country. Make sure that the Home Office has your most up-to-date address so that you can get this mail quickly.
It is best to talk to our UK Immigration Solicitors about whether you can keep, change, or stretch your British visa. You might be able to stay in the UK for a short time if your visa relies on your relationship with your partner.
If the marriage ends, does the UK Spouse visa expire?
Sometimes it’s not clear when a relationship is over, so it’s normal if both people try to get back together for a while. However, any paperwork related to the separation must be sent to the Home Office as soon as possible.
If you and your spouse break up, your Spouse Visa will not automatically expire, but you must let the Home Office know as soon as possible. Usually, the Home Office has access to proof that you are no longer living together, so it is best to be honest about any change in your relationship status.
How to notify the Home Office about separation?
Both partners can let the Home Office know that they want to separate. Following things you need to send:
- They can either make a public statement saying they don’t want the Home Office to share information from your letter with your ex-partner or fill out a Consent Form saying they are okay with sharing information from the letter with your ex-partner.
- A cover letter with birth dates, addresses, passport numbers, and Home Office reference numbers for both you and your ex-partner.
- You must also give information about your children if either of you has kids in the UK.
- A valid legal document, such as a separation agreement or divorce decree.
Could the Home Office take away my Spouse Visa?
You may lose your Spouse visa if you no longer meet the requirements. The Home Office may start the cancellation process. Your visa can be taken away if:
- Your relationship with the person who sponsored you is over.
- You broke the rules of your visa.
- Fraudulent behaviour has been linked to your visa application.
The Home Office can cancel your visa right away if you break the terms of your visa in some situations. If you or your UK sponsor has a history of abuse related to immigration or domestic violence, this may be a factor.
Your British spouse who is supporting you might also bring this up if they feel the visa was not obtained in a legitimate manner. It’s possible that they are only doing this for immigration reasons and not because they want to live together forever. The Home Office will look into the reports and can cancel your visa, marking you as an overstayer and letting you leave the UK.
How will the Home Office notify me of my visa cancellation?
Your visa status will be reviewed when you disclose your separation. When the Home Office decides to terminate your visa, they will send you a letter outlining the steps to take. After that, you will have the chance to show proof that you have a good reason to stay in the UK. It is important to move quickly to come up with a good plan of action.
Can I make an appeal?
You may file your case with the Home Office if your spouse informs them that you are no longer living together. At this point, you should talk to a lawyer to find out what choices you have for staying in the UK. If you can’t appeal, it will indicate so in the letter that notifies you the result. This could happen because you broke your partner visa rules.
Usually, you have 28 days to appeal the decision, and you have to do so within that time limit. It is up to the panel to decide if they will still hear your case if you send in your appeal late. To get a faster, more accurate response time and a timestamp, it is best to file your appeal online instead of in writing.
In most cases, the steps to file an appeal are as follows:
- Send in your appeal
- Submit papers that back up your appeal.
- Ask for a hearing
- Decision made on the basis of your appeal.
What are my visa options after my spouse visa’s cancellation?
After your Spouse Visa was revoked, you need to find another way to stay in the UK. When you apply for a visa, you might be able to:
Change the type of visa you have
- Work Visa: You might be able to get a Skilled Work visa if you have a job offer or a qualified job in the UK.
- Student Visa: You can apply for a student visa if you are studying in the UK or have already signed up for a course.
- Ancestry Visa: If you have a grandparent in the UK, you may be able to get an Ancestry visa.
- Family Visa: If you have family members already living in the UK, you might be able to stay here on a family visa.
Leave the UK
You must leave the UK at the end of your visa term if there is no visa that lets you stay. Additionally, you must not overstay your visa. You might be called an overstayer if your visa is revoked before you apply for a new one on time. Timing your applications around the cancellation period is crucial for timely acceptance of your new visa within 60 days.
Leave to Remain in the UK
Getting Indefinite Leave to Remain is possible if you have lived legally in the UK for 5 or 10 years with a visa. Based on your personal life, you may also be able to get an ILR visa.
ILR is the best choice for people who are eligible. ILR is a step towards becoming a British citizen. It is based on how long you have lived and worked in the UK, which is usually ten years. The holder can live and work in the UK for as long as they want. Please be aware that if you leave the UK between submitting your application and the date of the decision, it will be thrown out.
ILR based on private matters
You may be able to apply to settle in the UK through ILR if you have stayed and worked in the UK for a certain amount of time and if:
- You’re older than 18
- Were given a visa based on your personal life
- Have stayed in the UK on a visa for ten years or more straight.
All types of visas that allow qualifying can be used in applications for Indefinite Leave to Remain. Your prior stay on other visas may count towards your spouse visa’s 10-year continuous stay requirement.
What should I do If I have kids in the UK?
If you have children in the UK, you may be able to stay there because of your parental duties. This is called the parent way. Your child may be able to stay on your tax return if:
- You are asking for ILR based on your personal life.
- Their birthplace is the UK.
- The child’s other parent must already be a British citizen or have Leave to Remain.
- For your child to be a dependent, they can’t be married or live on their own.
Can I still sponsor myself after my breakup?
The UK does not have a special visa for self-sponsorship. You can get a Skilled Worker visa if you have your own business in the UK and use it to sponsor yourself. In order to do that, you need to:
- A licence from the UK government to help you or someone else get a job in the UK
- You must have skills or training in the business you want to start.
- An idea or chance to take over the business, as well as the money to run it. There is no minimum spending amount, but most people put in at least £25,000.
- A B1 level English test was passed.
- In many cases, an authorising officer has already moved to the UK.
Take into account that getting a UK business sponsorship licence can take up to eight weeks, and that the process to sponsor yourself can take even longer. If you don’t, you might be charged with overstaying during the time between when your Spouse visa was revoked and when you got your new visa.
Having a sponsorship licence increases your chances of receiving the visa within 60 days.
It is not easy to understand complex UK immigration rules. For a stress-free application process, you need to talk to an experienced immigration lawyer.
Hire Expert Solicitor
Our experienced and reasonably priced immigration law experts can help you understand the complicated UK immigration laws. They can also help you find out about your visa status and make an application to stay in the UK longer.
Our experts plan the best immigration routes for you by analyzing your specific situation and qualifying requirements. We aim to make the process easy and provide you with the best legal option after the breakup. To find out how we can help, call at 02033844389 or email us.
