FAQs on Separation and Divorce if you are in the UK on a Spouse Visa
In this article, our Family Law Solicitors and Immigration Lawyers answer your frequently asked questions on what happens if you separate from your spouse when you are living in the UK on a Spouse Visa.
At OTS Solicitors our lawyers specialise in family and immigration law so we are best placed to answer all your legal queries and help you with all your family law and divorce advice needs as well as assist you with your Spouse Visa questions.
Online and London Family Law Solicitors
For family law or immigration law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our Family and Immigration Solicitors work together to ensure that their clients get the joined-up immigration and family law advice they need.
Here are our answers to some of the most frequently asked questions we receive on separation, divorce and immigration related issues.
If I separate from my spouse will I have to leave the UK?
If you are in the UK on a Spouse Visa and you split up from your husband or wife you are under a duty to let the Home Office know if the relationship has ended. That report will trigger the curtailment of your Spouse Visa and you will have to leave the UK unless you can either switch to a different visa (such as a Work Visa) or you can use a concession to apply for indefinite leave to remain because you separated from your spouse due to their domestic violence or you can apply to settle as you have long residence in the UK or you are the parent of a child who is a British citizen.
Our Immigration Solicitors understand that if your partner has told you they want a divorce it can come as a complete shock to you. It can be particularly daunting if you fear that you will not only lose your marriage but also your right to stay in your adopted country. Our Spouse Visa Solicitors will be able to explore all your visa options to help you stay in the UK if remaining in the UK is your preferred option.
Do I need to tell the Home Office if I separate?
If you are in the UK on a Spouse Visa or you are sponsoring your partner on a Spouse Visa you need to tell the Home Office if you separate permanently.
You must not wait until one of you decides to start divorce proceedings as it is the decision to end the relationship that requires a report to the Home Office. A temporary separation after an argument does not count as a permanent separation but it is important to let the Home Office know if you realise the relationship is at a permanent end (even if the decision to separate has been made by your partner rather than by you) as failure to let the Home Office know may affect the success if future immigration applications.
If you are not sure about the status of your relationship (perhaps because you want to go to counselling to try and save the marriage but your spouse does not want to do so or appears reluctant) then it is best to speak to your Family Law and Immigration Solicitor about when to notify the Home Office as your lawyers can advise you on timings and they can also look at your alternate visa options.
If I am in the UK on a Spouse Visa can I stay if I start divorce proceedings?
Some people think that if they are the innocent party in the marriage breakdown and the separation is not their fault then they can stay in the UK on a Spouse Visa. That is not the case.
The Home Office says you must tell them if you separate from your sponsoring partner. The continuation of your entry clearance is not based on whether you wanted to separate or not or the reasons for the marriage not working out.
In the UK either a husband or wife can start divorce proceedings. There is no need to prove that your spouse was at fault in some way, such as unreasonable behaviour or adultery. All you need to do to obtain a no-fault divorce is to get your Divorce Solicitor to file a divorce application and file a statement saying the marriage has irretrievably broken down.
Can I start divorce proceedings in England if I don’t have British citizenship?
You may be able to apply for a no-fault divorce even though you are in the UK on a Spouse Visa if you meet one of these criteria:
- You and your spouse are habitually resident in England and Wales
- You and your spouse were both last habitually resident in England and Wales and one of you continues to reside here
- Your spouse is habitually resident in England and Wales
- You are habitually resident in England and Wales and you have resided here for at least 12 months immediately before applying for the divorce
- You are domiciled and habitually resident in England and Wales and you have resided here for at least 6 months immediately before the divorce application was made
- You and your spouse are both domiciled in England and Wales
- Either you or your spouse is domiciled in England and Wales
If you are in the UK on a Spouse Visa you are unlikely to be domiciled in the UK but your spouse may be.
If you are in the UK on a Spouse Visa you may be habitually resident in England and Wales.
Domicile and habitual residence are legal concepts. Your Family Law Solicitor can advise you whether you can apply for a no-fault divorce and the time it will take to secure your final order of divorce.
Should I start divorce proceedings in England?
If you are living in the UK on a Spouse Visa you may be able to start divorce proceedings in your country of origin or in a third country. It all depends on the divorce law and jurisdiction rules in those countries.
If your spouse has connections to other countries then they may be able to start divorce proceedings in another country even though they have British citizenship or indefinite leave to remain.
Jurisdiction to start divorce proceedings is a tricky but important topic.
It is tricky because whether a country has jurisdiction to end your marriage is based on your circumstances.
It is important to choose the best jurisdiction for you because if the country where you get divorced may also make decisions about the financial settlement. In some countries, a wife will not get as much as an English court would award. In other countries, the court may not give a spouse a share of any assets the other spouse owned before the marriage or the court will say a prenuptial agreement is binding even though you think the terms are unfair to you. That is why you need expert legal advice on jurisdiction before assuming that it is best to start the proceedings in England or in another country.
How can OTS Solicitors help you with your family and immigration law questions?
Our friendly and approachable Family Law Solicitors and Immigration Lawyers work as one team to provide you with the seamless family law and immigration advice you need so you can make the best decisions for you and your family. We are here to provide the expert help you need.
Online and London Family Law Solicitors
For family law or immigration law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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