A spouse visa in the UK allows non-UK partners from outside the UK to come and live with their spouse in the UK for a limited amount of time. But what happens if you split from your partner or decide to go through the long process of a divorce? This may leave many who are in the UK on a UK spouse visa confused and scared for what may happen once they do split from their partner.
For many, this is a real and pressing issue, as many are unaware of how quickly their visa status can change after a relationship breaks down. Therefore, this article aims to act as a guide for those who are splitting or divorcing their partner who allowed them to gain a spouse visa, what legal obligations they now have, the consequences and the next possible steps that they can take to stay in the UK.
Understanding the UK Spouse Visa
The UK spouse visa allows a spouse from outside of the UK to come and live with their partner in the UK and usually lasts around 2.5 years, renewable. There are many requirements that a relationship must meet to be able to come to the UK on a spouse visa, including proving that you have been in a genuine relationship, such as marriage certificates and evidence of living together for 2 years, as well as a £29,000 yearly income. However, this visa depends on the relationship continuing, as this proof must be provided every 2.5 years to stay in the UK.
What happens when you separate or divorce?
The visa is no longer valid once the relationship ends, meaning the person on the visa must look for other options to remain in the UK. Whether couples are separated or legally divorced, both of these types of separation can affect the visa, and you must inform the Home Office if the relationship breaks down. Once you have notified the Home Office, they may shorten the visa even if there are years left on it, giving you a limited time to take action.
Your options after divorce
Switching to another visa: The first option that you can take after a divorce is switching to another visa. It may be a work visa, which is eligible through employment, or a student visa if you are enrolled on education.
Applying for indefinite leave to remain (ILR): You can apply for indefinite leave to remain if you have resided in the UK for over 5 years or have had to leave the relationship due to domestic violence issues. This will allow you to stay in the UK indefinitely.
Parent route: If you have a child who is a British citizen or has settled in the UK, you can apply to stay as a citizen.
Final thoughts
Although leaving a partnership on a UK spouse visa may be scary, there are many other routes that you can take to remain in the UK and keep your life here.
