Transnational Marriage Abandonment
Transnational marriage abandonment or spousal abandonment is where a husband or wife is left overseas by their spouse. It is a form of domestic abuse when a British citizen or person with settled status abandons their Spouse Visa partner overseas leaving them without the means or resources to return to the UK.
If you have experienced spousal abandonment our Immigration Solicitors and Family Lawyers in London can advise you on your rights and remedies.
UK Online and London-Based Immigration Solicitors and Family Lawyers
For immigration and family law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Immigration help for transnational marriage abandonment
Since January 2024 victims of transnational marriage abandonment can apply to return to the UK. This change in the UK immigration rules came about because of a 2022 court decision called AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin).
You can contact our Immigration Solicitors for help. From our offices in London, we represent people across the globe. We can assist you with your application and advise on your UK immigration and return rights. Contact us online.
Family law help for spousal abandonment
If your children are in the UK and you have been abandoned overseas our Immigration Solicitors can look at reuniting you with your children and our Family Lawyers in London can advise on securing the children law orders you need, such as a child arrangement order or wardship.
Once you are back in the UK, we can advise you on starting divorce proceedings, applying for an injunction or ensuring you receive a fair divorce financial settlement by applying for a financial court order.
Spousal abandonment and getting back to the UK
If you were living in the UK on a Spouse Visa or Family Visa and were taken out of the UK and left in a foreign country you may be able to secure a visa to return and settle or stay permanently in the UK.
You can apply under the new immigration rules under the Victims of Domestic Abuse (VDA) route if you meet one of these eligibility criteria:
- You are a partner under Appendix FM and your sponsoring partner is a British citizen, settled in the UK, or an EEA national in the UK with limited leave to enter or remain
- You are a spouse, civil partner, or partner under Appendix EU with limited leave to enter or remain as a family member of a qualifying EEA or British citizen, as a joining family member of a relevant sponsor, or as a family member who has retained the right of residence
- You are the partner of a person with permission as a UK refugee
- You are a victim of domestic abuse under Appendix FM
- You are a military spouse and your spouse is:
- A British citizen
- A foreign and commonwealth citizen with at least four years of service in the Forces at the date of your application
- A member of HM Armed Forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from the Forces
The eligibility criteria for a transnational marriage abandonment settlement application
You can apply to come back to the UK and settle using the VDA route if:
- You were abandoned overseas and were in the UK on a relevant visa, such as a Spouse Visa or Civil Partnership Visa
- Your relationship with your partner is over
- Your relationship with your partner ended because of their domestic abuse – spousal abandonment is a form of domestic abuse
You do not need to prove physical violence by your spouse and your spousal abandonment does not need to be a criminal offense in your home country. The fact that your spouse left you overseas amounts to coercive control (a type of domestic abuse) and you can use this as evidence of domestic abuse if you were not left with the documents or money needed to get back to the UK.
Leave to enter the UK for transnational marriage abandonment
If you meet the eligibility criteria to use the VDA route our Immigration Solicitors can complete Form Set DV on your behalf. You can apply using Form Set DV even if your Spouse Visa or Family Visa expires because you cannot renew your visa.
If you succeed in your application, you can secure leave to enter the UK. The leave is permanent so you are not time-limited. Unlike with an Indefinite Leave to Remain application, you do not need to have lived in the UK for five years before you can use the VDA route if you are a victim of transnational marriage abandonment.
How our Immigration Solicitors and Family Lawyers can help you
If you have gone through the trauma of transnational marriage abandonment you are likely to be feeling emotional and vulnerable, unsure who you can trust and get help from. Our friendly specialist Immigration Solicitors are here to help you get back to the UK, settle in the UK and then our Family Lawyers can advise you on all your family law rights to help you rebuild the life you had started in the UK.
UK Online and London-Based Immigration Solicitors and Family Lawyers
For immigration and family law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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