By Hosna Huquqi
Legal Intern

Many people are understandably concerned that the end of their relationship will also mean the end of their stay in the UK. If you are in the UK as a dependant on a spouse or partner visa and your marriage or relationship breaks down, your immigration status will be affected. 

The fact that you entered the UK on a spouse visa does not mean that there are no other ways for you to remain in the UK if your relationship with your husband or wife breaks down and your spouse visa is cancelled.

In some cases, you may have a choice of more than one route, so it is sensible to take legal advice to look at the best option for you and the evidence you need to successfully secure continued entry clearance in the UK.

It is important to note that you must tell Home Office if you separate or divorce while on a spouse or partner visa.

Can I remain in the UK myself?

While you are on a spouse visa and your relationship breaks down, you do not have an automatic right to remain in the UK. You will need to check if you are eligible for a visa on any other basis and if so, make a new application. 

Applying for a different visa

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. If you do not replace your Spouse Visa with an alternative, you will of course then need to leave the country.

For example, you may be able to apply:

  • For a work visa
  • To settle in the UK
  • As a parent of a child who is British, settled in the UK or has lived in the UK for at least 7 years.
  • Based on your private life the UK, for example you have lived in the UK for a long time.

 

What if your relationship ends because of domestic violence?

The Home Office has produced detailed guidelines on how to determine applications for leave to remain in the UK as a result of domestic violence. You may be eligible for settlement (indefinite leave to remain) if you have experienced domestic violence as the partner of a British citizen or person settled in the UK. You must prove the following: 

  • Your relationship was genuine and ongoing when you were last given permission as a partner.
  • You were the victim of domestic violence from your partner, their family, or both and this is why your relationship has broken down. 

 

Get legal advice

If you would like more information on the immigration rules related to this topic and legal advice tailored to your situation, we offer consultations and a full application service to provide advice and assistance on the best course of action to take to secure your position the UK.

Visit our immigration page to see your other visa options, and contact us for advice on your unique situation.

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EXPERT ADVICE

Woodcock Law can assist you to comply with legal requirements in terms of Spouse Visas

Woodcock Law is well placed and highly experienced in providing advice and assistance on all aspects of immigration law. We recommend getting in contact with us on 020 7712 1590 for our expert advice.

Woodcock Law can assist you to comply with legal requirements in terms of Spouse Visas

Woodcock Law is well placed and highly experienced in providing advice and assistance on all aspects of immigration law. We recommend getting in contact with us on 020 7712 1590 for our expert advice.