Staying in the UK after separation/divorce

Each year UK Immigration Solicitors assist 100’s of partners settle in the UK on a Spouse Visa. We understand that sometimes things don’t go to plan and many relationships can become strained over time ultimately leading to separation and or divorce.

If you are currently in the UK on a spouse visa and have either gone through or are going through a divorce or separation, dependant on your individual circumstances, there may be various immigration options available to you.

In order to protect your interests however, it is vital that you get expert legal advice as soon as possible to ensure that you are taking the right actions to maximise your chances of being able to remain in the UK.

You should contact us as soon as you suspect that there may be a separation or divorce so that we can ensure you have taken the correct steps from the outset to meet all your legal obligations.

Early preparation is often the difference between a weak case and a compelling case.

Get in touch with our separation experts now on 02033844389 to discuss your issues in confidence or start a free confidential assessment on this page.

This service is 100% confidential and we will not share any of the information discussed with your partner or Home Office. We work for our private clients to protect their rights and we are not a Government agency.

Our specialists can guide you on how to navigate this complex and difficult area. Our guidance will ensure that you have taken the correct actions from the outset and this makes a huge difference in making successful representations later down the line as early mistakes can prove impossible to correct later and are often the downfall of an otherwise strong case.

Are you currently separated or spending time apart from your partner or feel that this is likely to happen?

 If you used a partner route to enter the UK and are currently living in the UK as a dependant of a UK settled partner, then your visa is dependent on you still having a subsisting relationship with your partner. Put simply, this means that you must still be living together as partners and still enjoy an active relationship. It also means that you should not be living separately.

We understand that being trapped in an unhappy relationship is an emotionally distressing and difficult experience.

We also understand that many people choose to tolerate a bad relationship because they are scared about what will happen to their visa if they speak out or separate.

In some cases, people may have already separated but have not sought legal advice or gone or disclosed the separation to the immigration authorities because they are scared that they may lose control of the situation and be forced to leave the UK.

Ignoring the issue may be tempting and you may even feel as though it is beneficial now but, we know from first-hand experience that this approach is likely to cause you serious and often irreparable problems in the future.

Are you a non-EEA national living in the UK as a dependant of a UK settled partner on a Spouse Visa or on any partner visa?

If you are, and your relationship is ending or has already ended, this will influence your current immigration status.

As part of your visa conditions, you must make the Home Office aware of your relationship status.

If you do not, you will be in breach of your visa conditions and if they find out themselves, whether it is through Government databases or by a tip off from a partner/friend/family member, they will often immediately begin enforcement action to remove you from the UK.

We understand that you may fear telling the authorities because you fear that you will be asked to leave the UK.

You may not want to do this because you have made the UK your home and you may have a young family that you want to raise in the UK.

If you are in this situation, you may feel there is no way out and feel trapped.

The good news is that it does not have to be that way. Just because you are separating from your partner does not automatically mean that you will have to leave the UK. Sure, it may mean that you cannot continue using your current partner visa route but there are many other options available and UK Immigration Solicitors have helped 100’s of people in your position stay in the UK after their separation and or divorce.

Did you know that as a result of your separation, you may be able to get indefinite leave to remain? This means that you may be able to get permanent residency in the UK so that you no longer require any visa to live and work in the UK?

UK Immigration Solicitors are experts in this area. We work for our private clients – not the Government. This means we often fight Government decisions and injustices to keep our clients in the UK.

Speak to our expert team in total confidence now to see how we can help solve your immigration problems for free on 02033844389 or complete our free confidential assessment form on this page. Our assessment is 100% private and confidential. We do not share the information discussed with anybody including your partner / former partner or Government authorities. We will tell you what needs to be done and show you how to avoid costly mistakes. Take the first step to solving your problems now. We are waiting for your call.

In short – no.

If you are in the UK on a partner route such as a Spouse Visa, you have been granted entry clearance by UKVI as a dependant of a UK settled partner.

The visa has been issued by UKVI and not your partner.

Accordingly, the rules are set by UKVI. This means that if your relationship has broken down, then you must inform the Home Office and they will formally make the decisions.

Having said that, you can be pretty sure that once they become aware that a relationship has broken down, they will seek to cancel your visa.

(If your partner is pressuring you not to disclose a separation or you are worried that you have not complied with your obligations, speak with our expert team to understand your options on 02033844389)

Before this happens, if you want to stay in the UK, it is vital that you speak with us to get guidance on what you should and should not do.

Being unprepared at this stage could mean that you will start an irreparable chain of events which cannot be undone at a later stage.

Speak to our expert team now for detailed guidance on your circumstances and options on 02033844389 or complete the confidential assessment form on this page.

So, what happens when the Home Office finds out about my separation?

Once the Home Office becomes aware that your relationship has broken down, they will send you/your spouse a letter which essentially tells them that their visa has been cancelled.

The letter will often give the addressee around 8 weeks to ensure that either they leave the UK by their own choice or to ensure that they have made any additional applications/ representations to the Home Office to try and stay in the UK

This letter is called a Curtailment Letter.

If you have received a curtailment letter, it is important that you act fast by speaking to an immigration expert who can explore the circumstances in detail and advise you on exactly what your options are and which of the options are the most likely to succeed.

Knowing what to do is as important as knowing what not to do also and both are essential to ensuring that your rights and objectives are used to your advantage.

You may have been expecting the letter or it may come as a total surprise. In some cases, you may mistakenly believe that as you have not received a letter, you do not have any problems, but this may be naïve and short-sighted.

Does the Home Office have your current address and contact information? If not, this may seem like a blessing at this stage and indeed many people initially feel that as they cannot reach you, you will avoid the problem.

Think about what this means carefully though… This decision will ultimately cause you to become illegal in this UK. Sure, it may seem like a victory at first but speak with anyone who has been illegal for many years and they will paint a very different picture…

Imagine having to look over your shoulder constantly, having to take low paid and dangerous jobs, not being able to participate in any official business, not being able to travel freely and you start to get the picture here.

We assist many people each year who are fed up of being illegal and want to fix their problem. Whilst we have an admirable track record in this area too, prevention is always better than cure so we strongly urge you to get the right advice at the beginning so you can make well informed strategic decisions to protect your position and ultimately your future.

As a final word of advice on this topic, if you have separated and are subject to immigration control, you should think carefully about whether you will actually be able to re-enter the country after your trip – you are likely to experience no problems leaving but it is entering where you will be subjected to checks and many people have been caught short as a result.

Speak to our expert team now for detailed guidance on your circumstances and options on 02033844389 or complete the confidential assessment form on this page.

If you are separated from your partner and want to remain in the UK, you must make an application to obtain or maintain a valid leave to remain. In other words, you must ensure that you are in the UK legally.

The strength of your argument and the steps you have taken since learning of your separation will ultimately determine how likely you are to succeed in being allowed to stay.

This means that early and comprehensive preparation really is the key and you must make sure you act to protect your interests proactively rather than wait for the problem to get bigger and being forced to react.

Below, we have explored some of the potential immigration routes you can take following a divorce or separation but this is a very basic guide only and you should speak with our expert team in confidence to work out where you stand and what the options and pitfalls are.

Parent Route (If you have children <18 and have separated)

You may use this route if your relationship with a UK Settled person has broken down and you want to still stay in the UK because of your children. There are strict criteria which need to be met. Get in touch now to discuss your circumstances on 02033844389

Work Visa (if you want to stay in the UK due to a job)

If you are in the UK on a Spouse Visa or partner visa you may be able to switch to a work visa (referred to as a Tier 2 (General) visa) and then use the work visa as a route to settlement in the UK.

Securing a work visa will depend on the nature of your work or skills. For example, if you are a nurse or you are in another line of work that is on the UK Shortage Occupation List you may be able to secure a Tier 2 (General) visa. UK Immigration Solicitors will be able to explore whether you fit into this category with you during a free assessment.

Alternatively, you may be able to get your employer to sponsor you under a Certificate of Sponsorship to secure a work visa. If your employer does not currently have a Sponsor Licence, we can assist them in obtaining one so that they may hire you.

If you remain in the UK on a work visa this can lead to settlement by applying for Indefinite Leave to Remain.

Private life / Asylum  (If you cannot go back to your home country as you are in danger or if you leaving the UK would harm your right to a private and or family life)

If you have fled the risk of persecution or harm or if a visa cancellation as a result of your separation will cause significant harm to your private life or family life such as separation from loved ones, undue hardship, isolation, difficulties integrating into a country that you have left behind etc, then speak with our expert team to explore your circumstances for free and in total confidence by completing a assessment form on this page or by calling us on 02033844389.

Domestic violence (If you are in a violent or controlling relationship and need to leave but are worried about your immigration status as you need to stay in the UK)

If you are the victim of domestic violence but are afraid to speak out because of immigration fears or if you have separated from an abusive, violent or otherwise controlling partner, you may be able to settle in the UK permanently if your claims can be validated and argued successfully.

This is a particularly complex area and we have a dedicated page where we explore the topic and options in detail here.

Whatever the reason for your relationship problems and or separation, we cannot stress enough how important it is that you seek professional help at the earliest available opportunity – Do not wait until your visa expires. Early preparation goes a long way and may be the difference between you having to leave the UK with your children and being allowed to permanently settle in the UK allowing you to live, work and travel freely.

Our expert team are on hand to listen to your issues and provide you with specialist guidance on what needs to be done and what should be avoided.

We will assess your circumstances and explain your issues and problems before you have to experience the issues first-hand.

UK Immigration Solicitors are not just experts by name, we have handled over 10,000 cases and we have excellent track records of success in assisting during relationship breakdowns.

Complete a free confidential assessment form on this page now or call our friendly team at anytime on 02033844389. We do share the information discussed with any partners / ex partners or government department. This could be the most important phone call you make and could mean that all your immigration problems are solved by the UK’s #1 Immigration Law Firm.

Our assessments are quick, confidential and free – what have you got to lose?