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 or marriage, what can you do if you separate or 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 if you are on an unmarried partner visa.
Our team of immigration and family law solicitors are ready to help you with every aspect of your divorce and with every immigration matter.
Home Office Rules for Spouse Visas after Divorce
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.
Your Options after your Spouse Visa has been Revoked Following your Divorce
Which options will be available to you will depend on your personal circumstances. It can be a difficult process moving to a different visa category, and even understanding which visa is right for you can be complex.
Our immigration solicitors are here to help you assess which specific options and routes are available to you.
Below we have outlined some questions we have received from previous clients whose spouse visa had been revoked after divorce.
Can I Leave the UK and Apply 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 work in the UK and you are eligible to, you could make an application for a Tier 2 work visa. Or, you may want to come to the UK to study, so could make a Tier 4 student visa application.
Can I apply for a Family and Private Life Visa?
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.
Can I Apply for 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 our immigration solicitors will handle your case with care and sensitivity.
Can I Apply for 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 humanitarian protection in the UK.
The Immigration Advice you Need, When you Need It
We understand that divorces, annulments, dissolution of a civil partnerships and separations are not simple, even when they don’t affect your immigration status.
But we’re here to help you. With specialists in both family and immigration law we can help you with every aspect of your divorce and with every immigration matter.
Here at AWH, our friendly, knowledgeable solicitors are committed to you every step of the way.
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
Get in touch
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