If you are in the UK on a spouse visa, as a dependant on your partner's visa (such as a Skilled Worker or Global Talent visa), or with pre-settled status as the partner of an EU national, you are expected to inform the Home Office when you divorce your partner. Even if you do not, you will be unable to extend your status or apply for indefinite leave to remain (ILR) / settled status as a partner in future, as you will no longer be in a subsisting relationship.
Once you inform the Home Office, they will write to you, usually by email, and give you 60 days (unless you have less than 60 days remaining on your current visa) to either leave the UK or submit an application to switch into a category of the Immigration Rules in your own right. In the past, where an estranged partner informed the Home Office that their relationship had broken down, the overseas partner could have their residence cancelled without notice. Currently, the Home Office's approach tends to be to ask the overseas partner for their side of the story before taking action.
Note also that in exceptional cases, the Home Office may cancel or curtail your visa immediately.
What visas are affected?
Those with the following types of visas are affected:
1. Spouse visa
2. Dependant visa
3. Pre-settled status as partner of EU national
FAQ
- How long will I be given before my visa is curtailed?
You will normally be given 60 days from the date of the Home Office decision to curtail, unless there are exceptional circumstances.
- Can I extend my dependant visa?
You can't extend your visa, but you could switch to another visa route from within the UK.
- What about if our relationship breaks down, but we do not divorce?
You must also inform the Home Office if you separate or your relationship breaks down. There is a grey area regarding when to do this which depends on whether the separation is intended or likely to be permanent.
- Can I switch to another visa category?
Yes, there are many visa categories you may be eligible for, as outlined above.
- Do I need to leave the UK?
Not necessarily – if you are eligible for another visa route then you can apply from within the UK.
How can Latitude Law help?
You may qualify to remain in the UK under alternative visa routes. For example, you could be eligible if your relationship ended due to domestic violence, if you have lived lawfully in the UK for 10 years, or if you have an eligible child who is British, holds ILR, or has lived in the UK for at least 7 years. If you hold pre-settled status, you may also be able to apply for retained rights of residence, depending on the duration of your marriage.
You could also switch to other visa categories, such as the Skilled Worker route if you secure sponsorable employment, the Global Talent route if you are recognised as a leading specialist in your field, or the High Potential Individual route if you graduated from one of the world's top universities within the last 5 years.
At Latitude Law, our experienced team can guide you to the most suitable visa option and help you build the strongest possible application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
