When a relationship ends, navigating the complexities of a UK spouse visa can be daunting for foreign nationals. A spouse visa, part of the family visa route, allows a foreign partner to live in the UK with a British citizen or settled person. However, a separation or divorce changes the visa holder’s rights, as their entitlement to remain in the UK is tied to their relationship.
What Happens to a Spouse Visa After Separation?
A spouse visa depends on a genuine and ongoing relationship. When a marriage or partnership ends, the visa holder and former partner must notify the Home Office. Once notified, the Home Office usually shortens the visa to 60 days, giving the holder time to explore their next steps.
This notification must include the visa holder’s name, address, passport number, and Home Office reference. If children are involved, additional information about custody and living arrangements must be provided. The notification can be sent via email or post, along with a signed consent form.
Options for Staying in the UK
Once the visa has been shortened, the individual must apply for a new immigration status, leave the UK, or, in some cases, pursue indefinite leave to remain (ILR). The following options are commonly available:
- Work Visa: Applying for a Skilled Worker visa is an option for those eligible under the employment route.
- Parent Visa: If the individual has a British or settled child, they may qualify for a family visa as a parent.
- Private Life Application: Those with long-term ties to the UK may be eligible based on their private life, mainly if they have lived in the UK for many years.
- Indefinite Leave to Remain: Some may be eligible for ILR, especially if they have been in the UK on a spouse visa for five continuous years or have experienced domestic violence during their marriage.
- EU Settlement Scheme Family Permit: For those whose partners are from the EU, Switzerland, Norway, Iceland, or Liechtenstein, a family permit under retained rights of residence may be an option if specific conditions are met.
Exceptional Circumstances
In cases involving domestic violence or other exceptional situations, the Home Office may adjust visa curtailment timelines or allow victims to remain in the UK on compassionate grounds. For instance, victims of abuse may apply for ILR without needing sponsorship from their former partner.
Maintaining ILR After Divorce
Individuals who have obtained Indefinite Leave to Remain (ILR) are generally not at risk of losing their status due to a divorce as long as they genuinely intend to maintain a committed relationship at the time of their application. Once granted, ILR status is not contingent upon the continuation of the relationship.
Sponsoring a New Partner
If someone previously sponsored a partner wishes to sponsor a new spouse, they must ensure the former spouse’s visa has been cancelled. Applications for a new spouse visa must demonstrate the genuineness of the new relationship through evidence such as photographs and communications.
Expert Advice From Optimus Law
Understanding immigration options following a divorce is crucial. Optimus Law can help you identify the best path forward. Whether it means applying for a new visa, securing ILR, or addressing complex family circumstances, our experienced team can confidently provide tailored advice and manage your application. Addressing these matters early ensures that your immigration status remains secure while you plan for the future.