Under UK immigration law, a spouse visa allows the husband, wife or partner of a British citizen or a person settled in the UK to live together in the UK. It is issued under the Family Migration provisions of Appendix FM of the Immigration Rules and is based on the existence of a genuine and subsisting relationship.
The visa gives the holder the right to live, work and study in the UK and—after five years of continuous residence—become eligible to apply for Indefinite Leave to Remain (ILR), provided all the eligibility criteria continue to be met. However, because the visa depends on the continuation of the relationship, its validity can be affected if the marriage or partnership breaks down.
The question many visa holders ask is whether their British or settled spouse can cancel their visa. The short answer is that they cannot directly cancel it—but they can take steps that lead to the Home Office reviewing, and potentially curtailing, your leave to remain.
What this article is about: This guide explains the legal position when your spouse threatens or attempts to cancel your UK spouse visa. It clarifies who has the authority to revoke a visa, what happens if your relationship ends, and the options available to you if your stay in the UK is at risk. It also covers your rights if you experience domestic abuse, including routes to remain in the UK independently of your partner.
Section A: Who Can Cancel a Spouse Visa
The first and most important point to understand is that only the Home Office has the legal power to cancel or revoke a spouse visa. A spouse or partner cannot unilaterally cancel your visa or force you to leave the UK. However, your sponsoring partner can withdraw their support for your visa, which can trigger a Home Office investigation that may lead to the visa being curtailed (shortened).
A spouse visa is issued based on sponsorship by a British citizen or settled person who confirms that the relationship is genuine and that they meet the financial and accommodation requirements. If the sponsoring partner informs the Home Office that the relationship has broken down, this may cause the visa holder’s immigration status to be reviewed.
1. Home Office Authority
Only the Secretary of State for the Home Department (the Home Office) can cancel, revoke or curtail a UK visa. This authority is derived from the Immigration Rules and Section 76 of the Nationality, Immigration and Asylum Act 2002. The Home Office’s power to curtail leave is set out in paragraph 323 of the Immigration Rules, which allows them to shorten or revoke leave when the basis for the visa no longer exists. A private individual has no power to alter another person’s immigration status.
However, if the sponsoring spouse withdraws their support, the Home Office may act on that information and decide that the basis for your visa—namely, your relationship—is no longer valid. In that case, they can move to curtail your visa.
2. Withdrawal of Sponsorship
If your wife (or husband) notifies the Home Office that your relationship has ended, they are effectively withdrawing their sponsorship. The Home Office will then consider whether the visa should be curtailed.
This notification can take the form of a written letter, an email, or contact via the Home Office public enquiry channels. Once received, officials will review the case, verify the claim and decide whether the relationship has genuinely ended. If they are satisfied that the relationship has broken down, they will issue a Curtailment Notice.
It’s important to note that your spouse cannot simply have you “deported.” They can only trigger an administrative process where the Home Office decides whether your visa should continue or be curtailed.
3. Home Office Curtailment Notices
If the Home Office decides to curtail your visa, you will be issued a written notice explaining that your current leave is being shortened. You will normally be given 60 days to take one of the following actions:
- Apply for a different visa route
- Leave the UK voluntarily
- Challenge the curtailment if you believe it is incorrect
The 60-day period may vary depending on your case and the time left on your visa. If you fail to take action within that timeframe, your leave to remain will expire and you may become an overstayer, which can affect future visa applications.
Section Summary: While your wife cannot personally cancel your spouse visa, she can inform the Home Office that the relationship has ended. The Home Office then has the authority to investigate and, if appropriate, issue a curtailment notice. Only the Home Office has the legal power to cancel or curtail a visa, and you will be given a notice period to take action before your permission to stay ends.
Section B: What Happens When a Relationship Ends
When a relationship that forms the basis of a UK spouse visa ends—whether through separation, divorce, or permanent breakdown—the visa holder’s immigration position changes significantly. The Home Office treats the end of the relationship as a potential loss of eligibility because the spouse visa is granted on the understanding that the relationship is genuine and ongoing.
However, the end of a relationship does not immediately cancel your right to remain in the UK. The process is administrative, not automatic, and you are entitled to due process, including notice and time to take lawful action.
1. Home Office Investigation Process
Once the Home Office receives notice that your relationship has ended—usually from your sponsoring partner or sometimes through other sources such as a divorce filing—they will investigate to confirm whether the relationship has genuinely broken down.
You may receive a request for further information or a letter asking you to confirm the current status of your relationship. You should respond truthfully and provide any evidence requested. The Home Office may also contact third parties such as landlords, local authorities, or employers to verify evidence before making a curtailment decision. If the Home Office concludes that the relationship no longer exists, they will proceed to issue a Curtailment Notice.
This notice will set out the date from which your visa will be shortened and the period you are allowed to remain lawfully in the UK.
2. Curtailment Period and Rights to Stay
You will typically be granted a 60-day period to take appropriate action, such as applying for another visa route or leaving the UK. The 60-day period is discretionary and may be reduced if your existing visa has fewer than 60 days remaining at the time of curtailment.
During the curtailment period, your immigration status remains lawful. You can continue to live, work and study in the UK until the new expiry date stated in the curtailment notice. If you submit a valid visa application before your curtailment notice expires, your existing leave continues automatically under Section 3C of the Immigration Act 1971 until a decision is made.
Within this time, you may:
- Apply to switch to another visa route (for example, a Skilled Worker visa or Parent of a British Child route)
- Submit an application for leave to remain on human rights or compassionate grounds
- Make arrangements to depart the UK voluntarily
Overstaying after the curtailment period can seriously affect future immigration applications. While short periods of overstay may be disregarded under paragraph 39E of the Immigration Rules, repeated or lengthy overstaying will usually lead to refusal of future leave.
3. Divorce Proceedings and Immigration Impact
Divorce proceedings themselves do not automatically end your spouse visa, but once the conditional order (formerly decree nisi) is issued, it provides formal evidence that the marriage has broken down. This is often used by the Home Office as proof to justify curtailing the visa.
If you intend to remain in the UK, seek immigration advice as early as possible during or after a separation. If you leave the UK after your visa has been curtailed, you will generally need to apply for a new visa from abroad if you wish to return.
Section Summary: When your relationship ends, the Home Office may issue a curtailment notice, usually giving around 60 days to regularise your status or leave the UK. During this period, your stay remains lawful, and you retain the right to apply for another visa. Divorce or separation does not instantly terminate your visa, but it will prompt a Home Office review that could affect your future immigration position.
Section C: Options After Spouse Visa Curtailment
If your spouse visa is curtailed or is at risk of being curtailed, you still have several options to remain lawfully in the UK. The action you take will depend on your personal circumstances, including your family situation, work, and eligibility for other immigration routes. Acting within the timeframe given by the Home Office is critical to protect your lawful status.
1. Switching to Another Visa Route
You may be eligible to switch to a different visa route from within the UK, provided you meet the relevant eligibility criteria. Common options include:
- Skilled Worker Visa: If you have a UK employer that holds a valid sponsor licence and is willing to sponsor you, you can apply to switch to a Skilled Worker visa. This route requires meeting minimum salary and skill level thresholds.
- Parent of a British Child Visa: If you have a child in the UK who is British or settled, and you have ongoing parental responsibility or access arrangements, you may apply under Appendix FM as a parent.
- Private Life Route: You may apply under the Private Life provisions (Appendix Private Life) if you have established long-term ties in the UK, such as significant time living here or integration within the community.
If you are considering switching, begin preparing your new application immediately after receiving your curtailment notice. Late or invalid applications can result in loss of lawful status.
2. Applying for Leave Outside the Rules
In exceptional cases, you may be able to apply for Leave Outside the Immigration Rules (LOTR). This type of application is discretionary and is generally used where removal from the UK would breach your human rights or result in unjustifiably harsh consequences. Applications for leave outside the rules are often based on Article 8 of the European Convention on Human Rights, which protects your right to private and family life in the UK.
One key form of leave outside the rules is available to those who have experienced domestic abuse during their relationship. Under Appendix FM, Section DVILR, individuals who can show that their relationship ended due to domestic violence can apply for Indefinite Leave to Remain (ILR) without completing the usual qualifying period.
This provision recognises the vulnerability of individuals who may otherwise lose their lawful status because of abuse by their sponsoring partner. Evidence of abuse can include police reports, medical documentation, witness statements, or support letters from domestic abuse organisations.
3. Returning to the Home Country and Reapplying
If you are unable to switch to another visa or qualify for leave to remain, you may choose to leave the UK voluntarily within the curtailment period. Departing voluntarily before your visa expires helps protect your immigration record and avoids the negative consequences of overstaying.
After returning to your home country, you may apply for a new visa to re-enter the UK, depending on your situation. Possible routes include:
- A work visa, such as the Skilled Worker or Global Talent visa
- A student visa to pursue education in the UK
- A family visa if you later enter into a new qualifying relationship
Voluntary departure preserves your eligibility to apply for future visas without adverse marks on your immigration history.
Section Summary: If your spouse visa is curtailed, you have several lawful options: switching to another visa route, applying for leave outside the rules (including as a victim of domestic abuse), or leaving the UK voluntarily to reapply later. The key is to act promptly, maintain lawful status, and seek professional immigration advice before your curtailment period expires.
Section D: Legal Rights and Domestic Abuse Protection
Where a spouse visa relationship ends because of domestic abuse, UK immigration law offers specific protections. The Home Office recognises that visa holders in abusive relationships may be vulnerable and reluctant to leave due to fears about their immigration status. To prevent abusers from exploiting this dependency, special provisions allow victims to stay in the UK independently of their partner.
1. Protection for Victims of Domestic Abuse
Under Appendix FM, Section DVILR of the Immigration Rules, individuals on a spouse or partner visa whose relationship has broken down as a result of domestic abuse can apply for Indefinite Leave to Remain (ILR) in their own right.
To qualify, you must prove that:
- You were last granted leave as a spouse, civil partner, or unmarried partner under Appendix FM
- Your relationship permanently broke down because of domestic abuse
- You meet suitability and character requirements (for example, you have no serious criminal record)
Under the Domestic Abuse Act 2021, abuse includes physical violence, coercive or controlling behaviour, emotional, psychological, sexual, or economic abuse. The Home Office guidance confirms that this protection is available regardless of gender or the applicant’s immigration background.
This route to ILR is particularly significant because it removes the requirement to complete five years of continuous residence before qualifying for settlement.
2. Reporting Abuse and Accessing Support
If you are experiencing or have experienced domestic abuse, you should seek immediate safety and support. The UK has well-established systems for victims to obtain protection and advice. You can contact:
- The police (dial 999 in an emergency)
- National Domestic Abuse Helpline (0808 2000 247, open 24/7)
- A qualified immigration solicitor experienced in domestic abuse cases
- Local authorities or charities such as Refuge, Women’s Aid, or Southall Black Sisters
Support organisations can help with emergency accommodation, legal aid funding for immigration and family law matters, and evidence gathering for an ILR application under DVILR.
3. Home Office Guidance and Evidence Requirements
When applying for ILR as a victim of domestic abuse, evidence is critical. The Home Office accepts a broad range of documentation, including:
- Police incident reports or court protection orders
- Medical or social services records
- Statements from domestic abuse support services
- Witness statements from friends, neighbours, or family members
- Correspondence showing the end of the relationship due to abuse
Applications can be made online, and victims of domestic abuse may be eligible for a full Home Office fee waiver under Appendix FM 1.7 guidance, recognising financial vulnerability following relationship breakdown. Each case is assessed on its individual merits, and refusal can be challenged through administrative review or judicial review where appropriate.
Section Summary: Victims of domestic abuse are protected under UK immigration law and can apply for ILR independently through the DVILR route. The Home Office recognises all forms of abuse under the Domestic Abuse Act 2021, and extensive support is available from legal and charitable organisations. Acting quickly to seek safety and obtain professional legal advice is essential for maintaining lawful status and protecting your rights.
FAQs
Can my wife report me to the Home Office to cancel my visa?
Yes, she can report the end of your relationship to the Home Office, but she cannot personally cancel your visa. Only the Home Office has the legal authority to curtail or revoke a spouse visa. Her report may trigger an investigation, which could lead to a curtailment notice if the relationship has genuinely broken down.
What happens if I get divorced before getting Indefinite Leave to Remain (ILR)?
If your marriage ends before you reach the five-year ILR threshold, your spouse visa may be curtailed. You will usually be given around 60 days to either apply for a new visa, leave the UK, or apply for leave to remain under a different route such as the parent or private life category.
Can I stay in the UK after a spouse visa curtailment?
Yes, you can remain lawfully in the UK during the curtailment period and while any new visa application is pending. If you apply for another visa before your curtailment notice expires, your lawful stay continues under Section 3C of the Immigration Act 1971 until the Home Office makes a decision.
How long do I have to leave the UK after curtailment?
You are typically given 60 days from the date of your curtailment notice to either regularise your status or leave voluntarily. The 60-day period may be shorter if less than 60 days remain on your visa at the time of curtailment. If you fail to act within this period, your leave will end, and you could be classed as an overstayer.
Can I apply for a new visa without leaving the UK?
In many cases, yes. You can switch to another eligible visa route from within the UK—such as a Skilled Worker visa or a visa as a parent of a British child—provided your current leave is still valid when you apply.
What if I’m a victim of domestic abuse?
If your spouse visa relationship broke down due to domestic abuse, you may apply for Indefinite Leave to Remain (ILR) under Appendix FM’s domestic violence provisions (DVILR). This allows you to stay in the UK independently of your spouse, even if your visa would otherwise be curtailed. Victims are also entitled to apply for a fee waiver if they cannot afford the application costs.
Conclusion
A UK spouse visa is based on the continuation of a genuine relationship with a British citizen or settled partner. While your spouse cannot personally cancel your visa, they can notify the Home Office that your relationship has ended, prompting an official review. Only the Home Office has the legal authority to curtail or revoke your visa.
If your relationship breaks down, you will generally receive a curtailment notice giving you around 60 days to take lawful action. This window allows you to switch to another immigration route, apply for leave to remain on other grounds, or leave the UK voluntarily without damaging your immigration record.
If your relationship ended due to domestic abuse, you have a legal right to apply for Indefinite Leave to Remain (ILR) under Appendix FM (DVILR), allowing you to stay in the UK independently of your partner. Victims of domestic abuse may also qualify for a Home Office fee waiver recognising their financial vulnerability.
You should act promptly if you receive a curtailment notice or become aware that your spouse has contacted the Home Office. Always seek advice from an OISC-regulated immigration adviser or solicitor before responding to any Home Office correspondence or making a new application. Professional legal advice can help you protect your status, explore your options, and ensure you remain lawfully in the UK.
Glossary
| Term | Meaning |
|---|---|
| Appendix FM | The section of the UK Immigration Rules that governs family migration, including spouse and partner visas. |
| Curtailment | The process by which the Home Office shortens an individual’s visa, typically giving a 60-day period to leave the UK or apply for another visa. |
| DVILR | Abbreviation for “Domestic Violence Indefinite Leave to Remain” – a route allowing victims of domestic abuse to obtain settlement independently of their sponsor. |
| Home Office | The UK government department responsible for immigration, security, and law enforcement. It holds the legal authority to grant, curtail, or revoke visas. |
| Leave to Remain | Permission granted by the Home Office to stay in the UK for a set period under specific visa conditions. |
| Overstayer | A person who remains in the UK after their visa or leave to remain has expired without valid permission. |
| Paragraph 39E | A rule within the Immigration Rules that allows short periods of overstaying to be disregarded in limited circumstances. |
| Paragraph 323 | The Immigration Rules provision giving the Home Office power to curtail leave where the reason for granting the visa no longer exists. |
| Sponsor | The British citizen or settled person who supports a spouse visa application and confirms that the relationship is genuine. |
Useful Links
| Resource | URL |
|---|---|
| GOV.UK – Family visas: apply, extend or switch | https://www.gov.uk/uk-family-visa |
| GOV.UK – Curtailment of leave guidance | https://www.gov.uk/government/publications/curtailment |
| GOV.UK – Victims of domestic abuse | https://www.gov.uk/domestic-abuse |
| DavidsonMorris – Spouse Visa UK | https://www.davidsonmorris.com/spouse-visa-uk/ |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
