Guide to UK Spouse Visa Marriage Breakdown

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. In this guide, we will talk about the UK spouse visa marriage breakdown and alternative ways to stay in the UK.

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.

You may have more than one option in some situations, so it is wise to talk to an immigration lawyer about what the best choice is for you. You will need to show proof to get continued entry clearance in the UK.

When your relationship ends 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 marriage 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. Visit the UK Government website (gov.uk) for contact information and steps.

However, you should definitely talk to a lawyer before doing this, because once you inform the Home Office, they will probably tell you to quickly apply for a new visa or leave the UK.

Will my visa be revoked?

If your relationship ends, the UK will usually limit your partner visa 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 law requires the Home Office 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.

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. It will negatively impact your chances of getting a visa in the future. Because of this, you should inform the Home Office about your new situation right away. 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 circumstances in the UK, such as long-term residency or impracticality of returning.

What happens if domestic violence ends your relationship?

There are clear rules from the Home Office on what people can do to get ILR Domestic Violence. If a British citizen or settled person is abusing you, you may be eligible to settle.

You need to show these things:

  • When you were last granted permission to be a partner, you had a genuine and ongoing relationship.
  • 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.

Hire Legal Expert

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 a number of ways, but not all of them may work for you. So, getting help from a lawyer for your UK spouse visa marriage breakdown 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 02033844389.

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