Many people think that marriage and Immigration is complicated. After all, you have to jump through hoops to get a fiancée visa or spouse visa. However, top London immigration solicitors say that divorce and Immigration is just as complex.
Most of us assume that if we separate from a husband or wife our priorities, after sorting out child custody is to get divorced and agree a financial settlement. The
best London immigration solicitors say that your
Immigration status after a
separation or
divorce also needs to be at the top of the list. That is because whether you can stay in the UK after your
divorce will have a massive impact on your children’s lives as well as potentially having a major effect on the sort of financial settlement you need to achieve as part of the
divorce.
How can OTS Solicitors help?
OTS Solicitors are Legal 500 recommended
Immigration solicitors who featured in the BBC 2 series “Who should get to stay in the UK?”.
If you are worried about how your
Immigration status may be affected by your
separation or
divorce or have a question about your visa options, please call us on 0203 959 9123 to arrange an appointment to speak to our experienced London
Immigration and
family law solicitors.
You may think that the status of your relationship is an entirely private affair. After all, if you are separating or getting divorced most of us would agree that it is a private matter between husband and wife.
However, the
top London immigration solicitors say that when it comes to marriage and
Immigration, it can feel as if there are three of you in the marriage; husband, wife and UK Visas and
Immigration. That is because, in some cases, a person’s
Immigration status is reliant on their relationship so the Home Office need to be informed if there are any changes in relationship status.
The
best London immigration solicitors see many separating or divorced spouses who are seeking advice on their
Immigration status after the decision to separate or start
divorce proceedings has already taken place. Whilst the husband and wife may have had excellent child custody law advice and the
divorce process fully explained to them, all too often, a husband or wife is not aware of the full extent of how their
divorce or
separation can affect their
Immigration status and their right to stay in the UK.
The
best London immigration solicitors are realistic enough to know that not everyone in a relationship has the luxury of being able to take
Immigration law advice before they separate. In some cases, for example where there has been domestic violence, the priority is to get out of the abusive relationship. In other cases, a spouse may have announced their departure by moving out and sending
divorce proceedings through the post.
• Whether you need to tell the Home Office about the change in your relationship status, and if so, when;
• How your Immigration status will be affected by your separation or divorce and the timing of it;
• The implications for your children if you lose your Immigration status because of your separation or divorce.
If you are in the UK on a relationship visa then if your relationship ends in
separation or
divorce, your relationship visa will no longer be valid and you will lose the right to live in the UK, unless you pursue alternative visa options.
Early
Immigration legal advice is recommended to reduce the stress and anxiety of worrying about the relationship breakdown as well as your
Immigration status.
• Applying for Indefinite Leave to Remain if the relationship breakdown was due to domestic violence;
• Securing a family visa. This may be a good option if you have a child in the UK who is under the age of eighteen and who has permission to stay in the UK;
• Securing a work or study visa. If you are already employed, then depending on the nature of your Employment your current employer might be able to sponsor you to get a Tier 2 (General) Visa.
There are other “out of the box”
Immigration solutions for some people, such as applying for an
Investor Visa if you or your family have sufficient wealth or applying for a Start-up Visa if you are an
entrepreneur and have a sound business idea and plan.
In the event that the UK leaves the EU and the free movement of EU citizens ends then, the
best London immigration solicitors anticipate that, in time, many more none UK citizens married to UK spouses will be subject to
Immigration control. They will therefore face the same
Immigration issues currently experienced by non-
EEA citizens who are separating or divorcing their UK spouses.
If you are an EU citizen living in the UK who is separated or divorced from your partner or if you are contemplating starting
divorce proceedings, it is important to get
Immigration legal advice on your eligibility to apply for pre Settled Status or Settled Status under the EU Settlement Scheme.
How can OTS Solicitors help?
• International child law, child abduction and moving abroad with children after a UK separation or divorce;
• Financial settlements after an overseas divorce.
If you are worried about how your immigration status may be affected by your separation or divorce or have a question about your visa options please call us on 0203 959 9123 to arrange an appointment to speak to our experienced London immigration and family law solicitors.