Spouse Visa after Divorce

Separating from your spouse

There is a popular misconception that if you are in the UK on a spouse visa your spouse has the power to cancel your UK spouse visa. Only a Home Office official can cancel your spouse visa. However, your spouse could notify the Home Office that your relationship is at an end and that is likely to lead to the curtailment of your spouse visa.

Once the Home Office has been notified of the separation, the visa holder's period of leave will in most cases be curtailed to 60 days. The relationship breakdown means you will no longer be meeting the visa requirements, and you will not be allowed to continue living in the UK beyond the period of leave under your curtailed visa.

Can I stay in the UK after I have divorced my partner?

There are a variety of different types of Immigration application that you can potentially make to ensure that you can lawfully stay in the UK after a separation or divorce from your partner.

The parent route

If you have children with your spouse or partner (who is a British citizen or who has Settled Status in the UK) then your Immigration options after a relationship breakdown may include applying for UK settlement because of your children. This is referred to as 'the parent route'.

To qualify for settlement under the parent route you will need to meet Home Office conditions which are similar to those of any Family Visa.

Work Visa

If you are in the UK on a spouse visa or partner visa you may be able to switch to a work visa (referred to as a Tier 2 - General visa) and then use the work visa as a route to settlement in the UK.

Securing a work visa will depend on the nature of your work or skills. For example, if you are a nurse or you are in another line of work that is on the UK Shortage Occupation List you may be able to secure a Tier 2 (General) visa. Alternatively, you may be able to get your employer to sponsor you under a Certificate of Sponsorship to secure a work visa.

Private life

You may be eligible to apply to stay in the UK after a separation or divorce by applying to the Home Office under the 'private life' route. For example, you may be able to apply to settle in the UK if you have been living in the UK for at least twenty years.

Asylum

If you separate from your partner you could try to claim Asylum in the UK on the basis that you say that you cannot return to your home country. Any claim that you fear persecution and therefore need Asylum in the UK as a refugee would be carefully investigated by the Home Office who would require supporting information.

Domestic violence

If you experienced domestic violence during your relationship with your spouse or partner and the domestic violence was the reason for the breakdown of the relationship you may be able to apply for Indefinite Leave to Remain.

Retained right of residence

Non-EEA nationals previously dependent on an EEA family member may able to retain the Right to Reside in the UK if the relationship breaks down, provided specific criteria are met.

If you have custody or a right of access to a child you have with your EEA national former partner, you may be eligible to apply for a Retained Rights of Residence on this basis.

The Right to Reside may apply if you or your family are from the EU, Switzerland, Norway, Iceland or Liechtenstein and you started living in the UK with the close family member before 1 January 2021.

Why choose Westridge Legal?

We understand that every individual requires different care and are here to support you. Our highly experienced immigration lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.