FAQ on Immigration and Divorce in the UK

Posted onApril 22, 2020

As Immigration and divorce solicitors we are always saddened when we are told that a husband, wife or civil partner has stayed in an unhappy marriage or civil partnership for years, thinking that they had no choice if they wanted to stay in the UK. In response to the question 'Can i lose my pre settled status if I divorce?,' there are choices and in this blog we answer some of your most frequently asked questions about immigration and divorce in the UK.

Immigration and divorce solicitors

OTS Solicitors are experts in Immigration law and family law and can answer your questions on Immigration, divorce and separation. If you are worried about your Immigration status if you separate or divorce then call OTS Solicitors on 0203 959 9123 or compete our online enquiry form. Appointments are available by video conference, Skype or by telephone.

Your Immigration and divorce questions answered

The divorce and Immigration lawyers at OTS Solicitors have found that people often don’t like to ask Immigration and divorce questions because they are either embarrassed or assume that they are stuck and there isn’t a solution.

Although we have answered some of the most common questions that crop up on Immigration and divorce it is important that you contact a specialist divorce and immigration solicitor if you have additional questions or need Immigration or family law advice or specific advice on divorce after pre-settled status UK.

Can I lose my indefinite leave to remain if I divorce?

Just because you are not a British citizen or you don’t have Permanent Residence or settled status in the UK it doesn’t mean that you can't get divorced in the UK.

Many people assume that unless they are a British national you can't start divorce proceedings but that isn’t necessarily the case. If you are contemplating a separation or divorce it is best to get early expert family law advice from a divorce solicitor on your options as you may need to act speedily to start divorce proceedings in England as your husband or wife may prefer to start the divorce proceedings overseas if that gives them the financial advantage.

If I divorce will I lose my British Citizenship?

If you have completed a British nationality application and you are now a British citizen then your decision to separate and divorce won’t affect your nationality and you won't lose your British Citizenship through divorce proceedings.

If I divorce will I lose my Indefinite Leave to Remain?

Getting divorced after you have secured your Indefinite Leave to Remain doesn’t jeopardise your Immigration status and you won't lose your Indefinite Leave to Remain because of your separation or divorce.

If I divorce will I lose my permanent residence or settled status?

Taking the decision to separate or divorce won't affect your Permanent Residence or your settled status under the EU Settlement Scheme.

If I divorce will I be able to stay in the UK?

A lot of people assume that if they separate they will lose their Immigration status and will be forced to leave the UK, leaving friends and family behind. That isn’t necessarily the case. There are many ways that you can stay in the UK after your separation or divorce, for example:

If you already have British citizenship, Permanent Residence or settled status then you won't lose your Immigration status because of your separation or divorce
If your Immigration status is dependent on a continuing relationship you may be able to apply for an alternative visa such as a parent of a child visa , work visa or, if you have been subject to domestic violence in your relationship, you may qualify to apply for Indefinite Leave to Remain even though you may not meet the standard Indefinite Leave to Remain residence requirement rules
If you were married for at least three years then you may have retained rights of residence as the partner of an EU citizen if you spent at least twelve months living in the UK and you make your Immigration application before the divorce proceedings are finalised
You may qualify for Indefinite Leave to Remain because of the length of time that you have lived in the UK for.

Will my child’s Immigration status be effected by my divorce?

A lot will depend on your Immigration status and that of your child’s other parent and other circumstances so it is best to get advice from a specialist divorce and immigration solicitor setting out your circumstances and those of your child.

Does my spouse need to be convicted of domestic violence offences for me to secure Indefinite Leave to Remain?

One way that a spouse can stay in the UK after a separation or divorce is to apply for Indefinite Leave to Remain using the domestic violence route. To secure ILR using this route there does need to have been domestic abuse. However, your partner doesn’t have to have been arrested or convicted of a criminal offence for you to meet the eligibility criteria to apply for ILR using the domestic violence route.

Do I need to tell the Home Office if I separate?

Depending on your status in the UK, you will need to tell the Home Office if you separate from your partner or get divorced. Whilst you don’t need to let the Home Office know about your separation if you have obtained British Citizenship or Indefinite Leave to Remain or Permanent Residence or Settled status, you will need to do so if you are in the UK on a visa that depends on your relationship status, such as a spouse visa.

What next?

These are just a few of the questions that we are frequently asked. The answers can depend on your individual personal circumstances so it is best to get legal advice before you take the decision to separate or divorce.

divorce and Immigration solicitors

London based OTS Solicitors are experts in Immigration and divorce law. Our friendly and approachable divorce and Immigration solicitors can answer all your questions on Immigration and divorce and your Immigration status and work out the best options for you and your family. Call the Immigration and divorce solicitors on 0203 959 9123 or complete our online enquiry form. Appointments are available through video conferencing, Skype or by telephone.