Spouse Visas and Divorce: What you Should Know
If you are married to a British citizen or someone who is settled in the UK and your visa relies on your relationship, what can you do if you get divorced?
You might be worried that the Home Office will revoke your spouse visa, leaving you no other option than to leave the UK.
It is important that you are aware of your options following the divorce or legal separation from your partner.
Our immigration solicitors are ready to take on your case.
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Home Office Rules for a Spouse Visa
If you entered the UK and hold leave to remain on the basis of your marriage or civil partnership, then under UK immigration rules you can only remain in the UK for as long as that relationship lasts.
When your relationship ends, effectively so does your leave to remain in the UK.
If the Home Office becomes aware that you’ve separated from your partner, they may take steps to curtail your leave to remain in the UK.
This means they may notify you that they are shortening the length of your leave with a view to you leaving the UK.
If your relationship has broken down, it’s important to contact an immigration solicitor as soon as possible to identify your options and whether you have any basis to make an application to remain in the UK.
Your options going forward depend on your individual circumstances, which is why immigration advice tailored to your situation is so important.
We have assisted many clients in the past with remaining or re-entering the UK following the end of their spouse visa.
Leaving the UK and Applying for Entry Clearance on a Different Basis
It may be an option for you to leave the UK and apply for entry clearance on an alternative basis.
For example, if you want to working the UK and you are eligible to, you could make an application for a Tier 2 work visa.
Family and Private Life Visas
You can apply to remain in the UK on the basis of your family life if you have children in the UK.
Your children must be British citizens or have settled status for you to be able to do this. You can also apply on the basis of your private life in the UK.
Settlement on the Basis of Domestic Abuse
If you have been a victim of domestic abuse during your relationship, and have evidence of this, then you may be able to apply to settle in the UK on these grounds.
Domestic abuse includes but is not limited to, the following types of abuse:
Our immigration and family law teams work closely to ensure that victims of domestic abuse are fully advised on their legal position.
We understand that it’s an emotionally difficult process, which is why we will handle your case with care and sensitivity.
Throughout your divorce we are here for you, no matter how tough the circumstances may be.
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Asylum or Humanitarian Protection
If your spouse visa has been curtailed, but you are unable to return to your country of nationality because you fear persecution, or you cannot return due to the security or humanitarian situation, you may be eligible to claim protection in the UK.
Immigration Solicitors in Manchester
We understand that divorces, annulments and dissolution of a civil partnerships are not simple.
But we’re here to help you.
Here at AWH, our friendly, knowledgeable immigration solicitors are committed to you every step of the way.
Do you need guidance with an immigration process?
Get in touch using our contact form or call 0844 414 0667.
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Why Choose AWH Solicitors
We value honesty and transparency and believe above all that legal services should be fairly priced, so they can be available to anyone.
Our solicitors are highly experienced and have an abundance of experience in their field of law, ensuring you the best chance at a successful outcome of your case or claim.
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How to get StartedTo get your case started with AWH Solicitors you can simply pick up the phone or request a call back from our friendly solicitors at a time that suits you.
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