UK Visa Options When You Separate or Divorce
If you entered the UK on a Spouse Visa what is your immigration status if you separate or divorce your sponsoring spouse? Do you have a right to stay in the UK?
In this article, our Immigration Solicitors and Family Lawyers in London answer your questions on your visa options and family law rights.
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
What is the impact of my separation on my immigration status?
If you are in the UK on a Spouse Visa and you split up from your husband or wife you won't be able to stay in the UK on your Spouse Visa. That blunt information from a divorce solicitor can deter some people from leaving a relationship that is no longer working for them. That’s why the Family Lawyers at OTS Solicitors work closely with their colleagues in the specialist Spouse Visa team to give joined-up legal advice so you understand your family law rights and your options to remain in the UK.
If I separate but don’t divorce, can I stay in the UK on my Spouse Visa?
If you separate from your husband or wife while in the UK on a Spouse Visa, you must tell the Home Office about the separation. The trigger to tell the Home Office is your permanent separation rather than a decision to start divorce proceedings.
It is best to speak to Family Law Solicitors before you notify the Home Office so you can explore whether a contemplated separation is the right path for you or if you want to make your temporary separation permanent.
If you are not sure what you want to do and you have been the victim of domestic abuse in your relationship then an application using the Migrant Victims of Domestic Abuse Concession may be an option for you to consider. This gives you temporary permission to stay in the UK independent of your partner. During the three-month temporary stay, our Immigration Solicitors can then support you in applying to settle in the UK using the Domestic Violence Concession and form Set DV.
What happens if I tell the Home Office that I have separated from my spouse?
When you notify the Home Office that you have separated from your sponsoring partner a Home Office official will curtail your Spouse Visa. This means the Home Office will reduce the time left on your Spouse Visa – normally to 60 days.
During those 60 days, your Spouse Visa Solicitors and Family Lawyers need to work together to come up with solutions for you. Those solutions will depend on whether:
- You want to stay in the UK or go home
- The reasons for your separation
- If you have children
- If your children are habitually resident in the UK
- If you want to go home but your spouse refuses to agree to the children returning to your home country
There is lots of help, advice and support available but it is crucial to speak to one of our friendly team at OTS Solicitors as soon as you are thinking about separating from your spouse while in the UK on a Family Visa. Call us for confidential legal advice on 0203 959 9123. We can arrange to talk to you at our offices in London, over the phone or online via Web Conferencing such as Zoom or Skype. For expert help, contact our Immigration Solicitors in London.
What happens if I don’t tell the Home Office that I have separated from my husband?
You may be tempted to not tell the Home Office about your separation as you don’t want your Spouse Visa curtailed. If you don’t tell the Home Office your spouse may do so. If the Home Office discovers that you are separated or divorced from your husband and you breached your visa conditions by not letting the Home Office know then this could affect your immigration record. It could make it harder for you to stay in the UK or to return to the UK later. That’s why it is best to get immigration advice if you are thinking about separating so you know your rights and are not fearful of the consequences of informing the Home Office about your separation.
What happens if I stay in the UK after my Spouse Visa has been curtailed?
If you remain in the UK after your Spouse Visa has been ended early by the Home Office you could be classed as an overstayer. This may affect your immigration record. The Home Office could use your overstaying as a reason to refuse an alternative visa application or to refuse your re-entry to the UK if you want to make another visa application in the future.
If you talk to our Spouse Visa Solicitors and we apply for a new visa or make a settlement application for you during the curtailment period you can stay in the UK until the Home Office decides your new application or you have exhausted your appeal options. It is therefore best to be proactive and make a new application before you are classed as an overstayer.
Even if you have left it late it's best to talk to our team as the Home Office can understand that in difficult family situations, you may not have been able to sort out your immigration status. For example, if you are applying to settle in the UK using the Set DV form (because your relationship ended due to domestic abuse) the Home Office will not refuse your application simply because your Spouse Visa has already ended or because you did not let them know your relationship was over.
What happens if I decide to leave the UK with my children?
If you decide you want to go back to your home country, and perhaps make another visa application from your home country, you need expert legal advice from Family Law Solicitors on whether you can take your children with you.
If your children are in the UK on Dependant Visas you may assume that if you can't stay in the UK then nor can they but the UK family law isn’t as simple as that.
If your children are habitually resident in the UK you need the written agreement of your spouse or a family court order to take your children out of the UK to live. That’s the case even though your children are not British citizens. If you leave with your children without getting an agreement or a court order you could be accused of parental child abduction and the UK family court could make a return order for your children to return to the UK for the court in London to decide.
Our Family Law Solicitors and Immigration lawyers can work together to provide you with the specialist legal advice you need on:
Option one:
- Your visa and settlement options to stay in the UK - if staying in the UK is your preferred solution and
- Applying for an order from the family court to protect you from domestic abuse in your relationship – these injunctions are called non-molestation orders or occupation orders
- Starting divorce proceedings and securing a financial settlement and financial support or
Option two:
- Applying for a child arrangement order from the family court that says you can take your children to live overseas even though your spouse doesn’t agree to them leaving with you
- Advising you on the sorts of visas available to you if you decide that you want to make a new visa application from overseas. For example, you may want to apply for a UK Skilled Worker Visa after you have found sponsored employment with a UK employer
It’s important to get specialist legal advice that is tailored to your circumstances as although your relationship has ended you do have choices, including potentially staying in the UK.
What are my UK visa options to stay in the UK if I separate from my spouse?
You have several options to stay in the UK if you split up from your husband or wife. Your options depend on the reason for your separation. You can:
- Apply to remain in the UK because your relationship ended because of your spouse’s domestic abuse. This involves you using a Home Office domestic violence concession. Instead of remaining in the UK on a Spouse Visa and having to meet a 5-year residence requirement before you can apply for Indefinite Leave to Remain you can apply early. Our Family Law Solicitors can advise you on the wide definition of domestic abuse and help you secure an injunction order. Our Immigration Solicitors can help complete the Set DV form for you
- Apply to remain in the UK based on your child. Our Spouse Visa Solicitors can advise if you meet the eligibility criteria
- Apply for a Work Visa, such as a Skilled Worker Visa
- Apply for a Business Visa, such as an Innovator Founder Visa
The crucial bit of advice is that you should not make any decisions on your visa options without first taking specialist immigration legal advice from one of our friendly Spouse Visa Solicitors.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based 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
Related Posts
Applying for Indefinite Leave to Remain After Spouse Visa
How Does a Spouse Visa Holder Prove Domestic Abuse so They Can Stay in the UK?
OTS Solicitors Celebrates its Inclusion in the 2024 Chambers Guide to the Legal Profession