Spending a life in the UK as a spouse of a UK citizen or as a civil partner is a beautiful life that is ruined or messed up by the idea of a divorce or separation. The more challenging issue of the relationship we have with the UK is about the future of your permanent residence in the UK. A spousal visa divorce requires the knowledge of such a visa after a divorce and the options there that are available. In this guide, we will explore Spouse Visa limitations, what to expect, and the measures you can take to live in the UK.
What Happens to Your Spouse Visa After a Divorce?
In other words, one of the requirements of the Spouse visa or the Civil partner visa in the UK is the fact that your relationship with your partner should be exclusively unique to the UK. Under UK law, if your relationship ends due to divorce or separation, your ability to stay in the UK on a family visa will be reassessed. Here’s what you need to know:
Spouse Visa Curtailment
Your Partner Visa or Previous Partners visas will expire leaving you a few months or less to regularise the status before departure. This limitation often happens because your visa is granted due to the authenticity of your relationship instead of the demand for it to be empowered. When this is the case, you lose your Basic visitor visa rights in the United Kingdom.
The Timeframe
In general, the UK Government gives a Hands-off period of 60 days commencing from the date your relationship breaks down and this is the time frame you have to arrange your stay in the UK. While you are headed, it is crucial to tell the Home Office as quickly as possible that the marriage or relationship ended.
Consequences of Overstaying
Some risks accompanied by the overstay on the canceled Spouse Visa are highly concerning. They may involve being charged with immigration fraud, face immediate deportation, and be barred from re-applying for entry the UK. Through the clash of powers, the protagonist makes the difficult decision to use this power to bring about change in the realm, leading to an exciting finale.
Informing the Home Office
Should your case end then your only alternative is to call the Home Office over email or letter, provided there is no email access available. Your communication should include:
- Your and your ex-partner’s names
- Dates of birth
- Addresses
- Passport numbers
- Home Office reference numbers
- If you have children in the UK, provide:
- Through their names and birth dates, they were giving life to an otherwise lifeless population.
- When family members’ names or the living grounds of guardians are given.
- The number of hours that you get to see or not to see them at all or the comments that they send by ex-partners.
- Whatever there is of family court cases which you have, in one way or another, the details thereof.
- You should also include your agreement with or the statement “The Home Office not allowing to share details of your email with an ex-partner” or your consent if you are willing to the sharing process. Be sure to sign the following form and attach a scanned hard copy to your letter.
- Please make sure that every email or letter that you send will be complete and that it will have the necessary documents and either your signed public statement or the consent form that you have filled up.
Options After Spouse Visa Curtailment
Thereafter you can evaluate the terms under which you can stay in the UK and the opportunities you might have under the new circumstances. Typically, you have 60 days to take one of the following actions:
Consider whether or not alternative visa or settlement programs are available that you can apply for at this particular junction. Some options include:
Work Visa:
Think of applying for a work visa such as a Skilled Worker one if you can confidently demonstrate that you have an offered job in the UK.
Family Visa:
People who might qualify for British citizenship for instance or who are qualified by their planned settlement in the UK or those who have been in the UK for at least seven years before being able to apply for British citizenship.
EU Settlement Scheme:
If you have the right of residency, housing under the EU Settlement Scheme may be a suitable option for you. It provides a pathway to secure accommodation for eligible individuals.
Indefinite Leave to Remain:
Settle in the UK respectively meets the requirement for you to be eligible for an indefinite leave to remain, provided you have a standing of 5 years’ qualifying residence in the UK.
Determining your alternative after a situation that may result in a Spouse Visa curtailment following a separation or divorce could be as overwhelming as it could be complicated to some people. To have unmatched assistance, for instance, by counseling from an immigration lawyer which is becoming helpful during this difficult time.
Are there any exceptions to the 60-day curtailment rule for spouse visas
Yes, there are exceptions to the 60-day curtailment rule for spouse visas in the UK. Here are the key exceptions:
- Less than 60 Days Remaining: If there are fewer than 60 days left on your current visa when you notify the Home Office about the separation, the visa will not be curtailed to 60 days; instead, it will remain valid until its original expiry date.
- Exceptional Circumstances: If there are exceptional circumstances that justify an immediate curtailment, such as a history of domestic violence or previous immigration breaches, the Home Office may decide to curtail your leave with immediate effect or for a period longer than 60 days.
- Victims of Domestic Violence: If you have reported incidents of domestic violence by your UK spouse, you might qualify for an extension under the “Concessions for Victims of Domestic Abuse,” which can allow you to remain in the UK for an additional three months while you seek alternative immigration status.
These exceptions highlight that while the general rule is a 60-day curtailment following separation, individual circumstances can lead to different outcomes. It is advisable to consult with an immigration lawyer to explore your options based on your specific situation.
To maintain legal residence in the UK after your Spouse’s Visa is cancelled, you must study the rules and procedures, follow Home Office regulations, and explore visa options that fit your situation.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a Student Visa or an Family Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK. You can call us today at +234 812 5505 986 to learn how we can help you.
