Whether you can remain in the UK after you get divorced depends on a variety of factors, with the deciding element typically being your current immigration status. If you are getting divorced and are unsure about how your immigration status could be affected, read our guide to find out.
Whether you can remain in the UK after you get divorced depends on a variety of factors, with the deciding element typically being your current immigration status. If you are getting divorced and are unsure about how your immigration status could be affected, read our guide to find out.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Parvien Akhtar. Parvien is an award-winning lawyer with 25 years of experience as a qualified solicitor, and has a proven track record of providing high-quality advice to her clients.
How individual immigration status can be affected by divorce
Getting a divorce may impact your ability to remain living in the UK, so it is important to check your eligibility. Here are the most common types of immigration status and how they are affected by separation or divorce:
- Spouse Visa
If you have leave to remain based on your marriage or civil partnership, then you are only allowed to stay in the UK for as long as the relationship lasts. Therefore, if you separate/divorce before your visa is due to expire, or before applying for Indefinite Leave to Remain (ILR), you will have to leave the country, and your right to live and work in the UK will be cancelled. You will usually be given a period of time, typically 60 days, in order to either apply for another visa or leave the UK.
- Dependant Visa
If you are in the UK as a dependant on your spouse’s visa, this could be as a dependant of a skilled worker, student visa holder or graduate visa holder, for example, your visa would be cancelled if your relationship ended. In this case, you could either apply for another type of visa or leave the UK.
- Other Visas
If you hold another visa that is not connected to your marriage or civil partnership, such as a student, skilled worker, global business mobility or graduate visa, then you will be the main visa holder. This means that your divorce or separation would be unlikely to affect your right to remain in the UK.
- Citizenship or ILR
If you have submitted your nationality or ILR application to the Home Office, getting divorced or separated is unlikely to affect your immigration status, and you can therefore remain in the UK.
Do I need to tell the Home Office that I have separated or am divorcing?
Both you and your spouse need to inform the Home Office that you are separating or getting divorced. If you fail to do so, and they become aware of the situation from another source, they may find that you have deliberately misled or attempted to deceive them, which could affect future applications.
What are the ways I can stay in the UK after separating or divorcing?
If your current visa is affected by divorce, then you may qualify for a different visa. This includes:
- If you have lived continuously in the UK for 10 years or more with a valid visa, you may be able to apply for ILR
- If you have children under the age of 18 who live in the UK, then you may be eligible for a family visa as a parent. However, there are various conditions that you will need to meet to be able to stay under this visa
- Another option would be to obtain a work visa through your employer. Although there are certain criteria that must be met in order to be eligible for this visa
- If you don’t qualify for any of the above, then there are other routes to remaining in the UK. These are:
- Having lived continuously in the UK for at least 20 years
- You are between 18 and 24, and spent at least half your life living continuously in the UK
- You are over 18 and have no ties with the country that you would have to return to.
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