Spouse Visas and Divorce UK
In this article, our Family Lawyers and Immigration Solicitors look at what happens if you are in the UK on a Spouse Visa and you separate or divorce from your husband or wife.
Online and London Family Law Solicitors
For expert family law and immigration legal advice call the specialists at London-based OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Separating or divorcing in the UK on a Spouse Visa
Your UK immigration status will be affected if you are in the UK on a Spouse Visa and you separate or divorce. It is the permanent separation that triggers the change – not the start of divorce proceedings.
Therefore, you should not assume that you do not need to do anything about your immigration status if you are separating and in the UK on a Spouse Visa because neither you nor your spouse has started divorce proceedings.
The requirement to notify the Home Office about your separation does not depend on the reasons for the marriage breakdown. Even if you did not want the separation or you are the ‘innocent party’ you still need to inform the Home Office if you separate from your sponsoring partner.
What does separation mean? You do not need to have obtained a decree of judicial separation or to have signed a formal separation agreement drawn up by a family lawyer to be classed as separated. However, if you have had a falling out with your husband or wife and they have gone off to stay with a friend or family member to cool off then that will not count as a separation unless you have decided the relationship is at an end.
It can be a fine dividing line between a bit of ‘time out’ in a relationship and a separation. What could start as a temporary split could become permanent. It is a question of degree. If you or your spouse has changed the locks, claimed a single-person council tax discount or changed your status to single on social media then all that points to a permanent separation.
Telling the Home Office about your separation
You may think that your relationship is a private matter but that is not the case if you are in the UK on a Family Visa and your relationship status is the reason for your UK entry clearance.
Although you may have met the eligibility criteria for a 30-month Spouse Visa at the time of your Home Office application you need to continue to be in a relationship for the duration of your visa. That is why the immigration rules impose a duty on you to inform the Home Office if your relationship breaks down and you are no longer in a ‘subsisting or genuine relationship.’
Remember that if you do not tell the Home Office about the relationship breakdown your husband or wife or a member of their family may do so. Your sponsoring spouse is also under a duty to inform the Home Office and they may do so before you if they think the relationship is over. Your spouse’s family may contact the Home Office if they blame you for the relationship breakdown.
Spouse Visa Solicitors say it is best to be proactive about informing the Home Office about a permanent separation but it is equally important to take family law and immigration law legal advice so you understand your legal rights and options. That advice may mean you decide to make another go at your relationship or it may result in your knowing that you have the option to switch to a type of work visa so you can continue to live in the UK.
Once you notify the Home Office about a marriage breakdown this will prompt a status review. The notification to the Home Office is made by email and involves deciding whether you want to sign a public statement or consent form. If you elect to sign the form then the contents of your email can be shared with your estranged spouse.
Automatic Spouse Visa curtailment
If you notify the Home Office that your relationship or marriage is over then your visa will be reduced or curtailed to 60 days. That’s the case even though you are only separated and neither you nor your estranged spouse has started no-fault divorce proceedings. You may get less than 60 days to remain in the UK if your Spouse Visa has less than 60 days left to run on it because you were due to apply for a Spouse Visa extension.
The 60-day curtailment means it is best to understand your family law and immigration options before you inform the Home Office.
Immigration Solicitors can advise you if the Home Office is likely to give you more than 60 days to stay in the UK when curtailing your visa. In some situations, the Home Office could curtail your visa straight away or they could give you longer than 60 days if there are exceptional circumstances. An example of when the Home Office may exercise discretion is if you say you will be asking the Home Office to grant you indefinite leave to remain using the domestic violence concession, supported by evidence of the abuse.
Staying in the UK after a separation or divorce
If you entered the UK on a Spouse Visa but you got indefinite leave to remain before your separation then your settlement status is not affected by your separation or divorce. You can stay in the UK with indefinite leave to remain or apply for British citizenship when you meet the eligibility criteria.
The situation is different if you are in the UK on a Spouse Visa. When your visa is curtailed by the Home Office you must leave the UK before the new end date on your visa or apply to switch to a new visa. If you do not do anything you will be classed as an overstayer. This will affect your immigration record and any future immigration applications you may make.
Immigration Solicitors can explain your best visa options. There are several options, such as:
- Applying to stay in the UK on a Skilled Worker Visa – you will need to find a sponsoring employer prepared to employ you in a job that meets the required skill level and the minimum salary threshold
- Applying to stay in the UK because you are a parent – to use this route you need to have a child who is either British or settled and who has lived in the UK for at least 7 years
- Applying to stay in the UK because of your private life – you may qualify for this route if you are between 18 and 24 years and you have lived continuously in the UK for more than half your life, or you are aged 18 or over and have spent less than 20 years in the UK but would have very significant problems living in the country you would have to return to, or you are aged 25 or over and you have been in the UK continuously for 20 years
- You separated from your spouse because of their domestic violence and although you do not meet the 5-year residence requirement for an ILR application you can apply for indefinite leave to remain early using the domestic violence concession
How can the Immigration Solicitors and Family Lawyers at OTS Solicitors help you?
Our teams of expert Family Lawyers and Immigration Solicitors can help you with:
- Advice on your visa options and applying for the best visa to meet your needs
- No-fault divorce proceedings
- Securing a divorce financial settlement and a financial court order
- Advising on whether you need a court order to take your children overseas to live with you if your visa is curtailed – you may need an order even though your children are not British citizens
- Applying for an injunction order if you are separating from your spouse because of their domestic violence
We can help you navigate what can be complex immigration and family law issues to help you understand the immigration rules and UK divorce and family law and how it applies to your family circumstances.
Online and London Family Law Solicitors
For expert family law and immigration legal advice call the specialists at London-based OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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