If your leave to remain is based on marriage or a long-term relationship with a UK settled sponsor, can you secure a UK visa after divorce and permission to stay in the UK? Put simply, there are implications for your spouse visa after divorce or separation.
In this guide for spouse and dependant visa holders, we consider your options to remain in the UK lawfully following relationship breakdown.
How long can you stay in the UK after divorce?
The length of time you can stay in the UK after a divorce or relationship breakdown depends on your visa type and personal circumstances. If your immigration status is tied to your relationship with a British citizen or someone with settled status, such as under a spouse or partner visa, you must notify the Home Office about the breakdown of the relationship. Once the Home Office is informed, your visa may be curtailed, typically providing a 60-day grace period to apply for a new visa or make arrangements to leave the UK. Failure to act within this period can result in overstaying, which may negatively affect future immigration applications.
There are several options for remaining in the UK after a divorce. If you have children who are British citizens or settled in the UK, you may apply for a parent visa, which allows you to stay and care for them. Alternatively, if you have lived in the UK lawfully for 10 continuous years, you could qualify for Indefinite Leave to Remain (ILR) under the long residence rule. For those whose relationship ended due to domestic violence, applying for ILR under the domestic violence rule is an option. Additionally, you might qualify for other visa categories, such as work or study visas, if you meet the eligibility requirements.
Your specific circumstances, such as having children, your self-sufficiency and the timing of your application, will all play a role in determining your ability to stay. You will need to act promptly and it’s usually best to seek professional immigration advice to explore your options and avoid breaking any rules.
Notifying the Home Office of Relationship or Marriage Breakdown
If your visa is contingent on a genuine and subsisting relationship to a British citizen or a person with UK settled status (your ‘sponsor’), you have to notify the Home Office if your circumstances have changed and your relationship has permanently broken down. This applies if you have a family visa as a spouse or partner, or if you are a dependant on a former partner’s visa and in some cases if you have a family permit. You should not wait until the divorce is finalised to do this.
Failing to notify the Home Office could result in visa curtailment or other immigration consequences, such as overstaying or breaching visa conditions. Consider also that your former partner may also notify the Home Office of the change in your circumstances.
The Home Office should be notified of the relationship breakdown either by you or your ex-partner. You can do this by emailing UKVI’s Marriage Curtailment Team on:
StatusReviewUnit@homeoffice.gov.uk using the subject line ‘MARRIAGE BREAKDOWN’, or by sending a letter to the UKVI Marriage Breakdown Status Review Unit, 7th Floor, The Capital, New Hall Place, Liverpool, L3 9PP.
You will need to include the following information about you and your former partner:
- Your details:
- Name
- Date of birth
- Current address
- Passport number
- Home Office reference number
- Your ex-partner’s:
- Name
- Date of birth
- Current address
- Passport number
- Home Office reference number If you or your ex-partner have children in the UK, you must also include:
- If you have any children:
- Names
- Dates of birth
- Names of their parents or guardians
- Names of who the people they live with
- Details of any child arrangements such as how much time they spend with you or your ex-partner
- Details of any financial arrangement for child maintenance
- Details of any family court case
The notification also needs to include either a signed public statement or signed consent form. Use the public statement if you want the details from your notification to be kept confidential and not shared with your ex-partner. Use the consent form if you are happy for the details in your email to be shared by the Home Office with your ex.
You should attach a scan or image of the signed form to your email, or enclose a signed copy with the letter if submitting by post.Following receipt of the notification, the Home Office will contact your ex-partner using the address you have provided for them.
Visa curtailment
Once the Home Office has been notified of the separation, the visa holder’s period of leave will in most cases be curtailed to 60 days. The relationship breakdown means you will no longer be meeting the visa requirements, and you will not be allowed to continue living in the UK beyond the period of leave under your curtailed visa.
The curtailment period is to allow the visa holder time to decide on their options – either to apply for a different visa to retain lawful status or to leave the UK.
An exception to the 60-day curtailment rule could apply if:
- The are fewer than 60 days remaining on their visa, in which case this expiry date will continue to apply; or
- If exceptional circumstances justify the leave being curtailed with immediate effect; or
- If exceptional circumstances justify the leave being curtailed with more than 60 days.
Immediate curtailment can result where the visa holder has a record of domestic violence or previous immigration breaches.
Similarly, leave may not, for example, be curtailed if the visa holder has applied for leave on the grounds of being a victim of domestic violence by their sponsor, as evidenced by CID records.
If the visa holder is intending to seek an exception to curtailment, they will need to provide the details within their Home Office notification for a decision to be made on the period of curtailment.
Visa options when you separate or divorce
If you wish to remain in the UK after your spouse visa has been curtailed, you will need to apply for new permission to remain in the country. Your options to stay in the UK will depend on your circumstances. Each route will require you to meet specific requirements. If applying to ‘switch’ to a different visa category, it is recommended to take advice as there are restrictions on switching routes. Some of the possible immigration routes include:
- Indefinite leave to remain if you have more than 5 years’ continuous residence with lawful immigration status.
- Work visa such as the Skilled Worker visa if you meet the sponsorship, skill, salary and language requirements.
- Parent route if you have a child (or children) who is British or UK settled and has lived in the UK for at least 7 years.
- If you have already accrued nearly 10 years of continuous lawful residence, you might consider applying under the long residence route.
- Based on your private life if you are:
- between 18 and 24 and you’ve lived continuously in the UK for more than half your life, or
- 18 or over and have spent less than 20 years in the UK and would have very significant problems living in the country you would have to return to,
- or 25 or over and you’ve been in the UK continuously for 20 years.
- Retained Right of Residence (see below)
- Other types of visa – taking professional advice will help you consider all possible routes to remain in the UK based on your specific circumstances and the visa categories currently available to you.
Retained Right of Residence
Non-EEA nationals who were dependent on an EEA family member may be able to retain their right to reside in the UK after a relationship breakdown if specific criteria are met. This applies to those who lived in the UK with the EEA national before 1 January 2021 and have not yet regularised their status under the EU Settlement Scheme (EUSS).
If you have custody or access rights to a child with your former EEA partner, you may be eligible to apply for retained rights. To qualify, the marriage or civil partnership must have lasted at least three years, with at least one year spent in the UK, and divorce or dissolution proceedings must have started.
Following Brexit, all individuals with Retained Rights of Residence must apply under the EUSS to continue living in the UK. Late applications may still be accepted if reasonable grounds for missing the deadline are provided.
For cases involving domestic violence, the Home Office may exercise discretion to accept alternative evidence, such as police or court documents, if your former partner does not cooperate.
Need assistance?
Contact us to speak with our UK immigration specialists about your options to remain in the UK after separation or divorce.
Spouse visa after divorce FAQs
What happens to spouse visa after divorce?
You have to notify the Home Office if you are separating from your spouse. Your spouse visa will be curtailed and you will either have to apply for leave to remain under a different route or leave the UK.
How long can I stay in UK after divorce?
In most cases, after notifying the Home Office of the separation, your spouse visa will be curtailed to 60 days. You should use this time to apply for leave to remain or to leave the country.
Can I cancel my husband’s spouse visa?
The Home Office must be informed either by the UK settled spouse or the spouse visa holder of the relationship breakdown.
Can indefinite leave to remain be cancelled after divorce?
ILR is not dependant on your relationship. If you already have ILR, your status will not be affected by divorce.
Can I stay in the UK after a divorce if I have a spouse visa?
If your visa is based on your relationship with a British citizen or a person with settled status, you must notify the Home Office of the divorce or relationship breakdown. Your visa may be curtailed, but you may apply for a different visa category, such as a parent visa or one based on long residence.
What happens if I don’t notify the Home Office of my divorce?
Failing to notify the Home Office may lead to visa curtailment without warning, which could result in overstaying and potential legal consequences. It is crucial to inform the Home Office as soon as the relationship ends.
Can I apply for another visa after a divorce?
Yes, you may be eligible to switch to another visa category, such as a parent visa if you have children in the UK, a work visa, or a visa under the private life or long residence routes. Each option has specific eligibility criteria.
Do I need to leave the UK immediately after my visa is curtailed?
When your visa is curtailed, the Home Office typically gives you 60 days to apply for a new visa or leave the UK. Ensure you take action within this period to avoid overstaying.
What if I am a victim of domestic violence?
If your relationship ended due to domestic violence, you may be eligible to apply for Indefinite Leave to Remain (ILR) under the domestic violence rule. This route allows victims to remain in the UK without needing sponsorship from their former partner.
Can I stay in the UK if I have lived here for a long time?
If you have lived in the UK continuously and lawfully for 10 years or more, you may be eligible to apply for ILR under the long residence route, even after a divorce.
What if I have children in the UK?
If you have children who are British citizens or settled in the UK, you may be eligible to apply for a parent visa, which allows you to stay in the UK to care for your children. This option requires proof of parental responsibility and residence in the 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 a 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
