If you are in the UK on a visa tied to your partner’s immigration status and you experience separation or divorce, your immigration status may be impacted. This comprehensive guide provides insights and guidance on what to do in such situations, focusing specifically on options and legal considerations within England.
Understanding Your Immigration Status Post-Separation
When a separation or divorce occurs, it is crucial to reassess your immigration status and explore options to remain legally in the UK.
Seeking Legal Advice
Immigration Advisers:
Consulting with a specialist immigration adviser is essential. Advisers can offer personalized guidance suited to your specific circumstances. You can find qualified advisers through the GOV.UK website or your local Citizens Advice bureau.
European Economic Area (EEA) Partners
If your partner is from the EEA and was residing in the UK before January 1, 2021, there are special rules that may apply to your situation. It’s important to consult with a legal expert to fully understand the implications and explore your options under these circumstances.
Eligibility and New Visa Application
- Assessing Eligibility: You may need to apply for a new visa based on your eligibility. It is important to act quickly to ensure compliance with immigration laws and to avoid jeopardizing future visa applications.
- Notification: Inform the Home Office about your change in circumstances as soon as possible to avoid complications with your legal status.
Settling in the UK Independently
Indefinite Leave to Remain: If eligible, applying for indefinite leave to remain allows you to settle in the UK independently of your partner. This is particularly useful if you meet the necessary residency requirements or other criteria outlined by the Home Office.
Parent Route
Eligibility for Parents: If you have children in the UK, you might be eligible to stay via the parent route. This pathway is contingent on you having an active role in your child’s life and meeting other specific conditions detailed in the GOV.UK site.
Switching to a Work Visa
Employment Considerations: If employed, you may switch to a work visa, such as the Tier 2 (General) visa, especially if your job is on the shortage occupation list. Employer sponsorship is typically required for this visa.
Exploring Other Visa Routes
For individuals who have lived in the UK for an extended period, there are alternative visa routes available under the “private life in the UK” category. These routes may be applicable if you meet any of the following criteria:
- You’ve lived continuously in the UK for at least 20 years.
- You’re under 18 and have lived continuously in the UK for at least 7 years.
- You’re between 18 and 24 years old and have spent at least half of your life living continuously in the UK.
- You’re over 18 and have no significant ties (such as social, cultural, or family connections) to your home country.
Please note that any time spent in prison does not count towards meeting these residency requirements. Due to the complexity of these visa routes, it’s strongly recommended to consult with a specialist immigration adviser to understand the full implications and your options.
Domestic Abuse Considerations
Provisions for Abuse Victims: If you have experienced domestic abuse while on a partner visa, special provisions might allow you to apply to stay in the UK. This is applicable whether you are currently in the UK or have left due to the abuse.
Navigating your legal status following a separation or divorce is complex but manageable with the right guidance and action. It is essential to consult with immigration specialists, explore all possible visa options, and act promptly to secure your and your family’s future in the UK. Remember, each decision can significantly impact your ability to stay in the UK, so informed choices are crucial.
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 Visitor Visa or a Study 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 has a strong record of helping clients secure the visas/permits they need in the UK. Call us today at +234 812 5505 986 to learn how we can assist you.
