Applying for a Divorce While on Spouse Visa

If you’ve been on a spouse visa for the past many years, it stands to reason that your status as a legitimate visitor in the UK will change, now that you and your partner have decided to part ways.

If you’ve been here for more than 10 years, this issue can be resolved quickly. You can apply for a Long Residence, which requires you to have been in the UK legally for the past 10 years. And if your paperwork is on-point, you should have no problem getting approval.

However, if you have family, friends and an established life here, and have not yet crossed that 10-year threshold, the process becomes a bit more complex. Keep in mind, once your divorce papers go through, you will only have a few weeks within which you will have to leave the UK.

Learning about your options now ensures that you can remain in the UK without worrying about your current status.

How to Move Forward

First, let’s clear the air: keeping your marriage status a secret from the Home Office will not bode well. If the HO were to find out that you failed to alert them, it would only increase your chances of being booted out of the country as soon as the divorce process is finalized.

It’s crucial that you notify your immigration solicitor so they can start the process of contacting the Home Office while advising you about your options.

Your Options

Your options depend on your current personal circumstances, i.e., how long you’ve lived in the UK, whether you have family here, if you’ve been a victim of domestic abuse, etc.

Out of the range of options available, if you satisfy the basic requirements, you can apply for a work visa, a study visa, or a work visa. In case of an ILR, you can apply if you’ve remained in the UK for a minimum of five years.

If you have children who are British citizens, you can apply for a Family Visa as the primary caretaker through the ‘Parent Route’.

But if you’re getting a divorce because you’ve unfortunately been a victim of domestic abuse (this includes psychological, physical, emotional, financial, sexual etc) or are afraid of being persecuted for your decision once you leave for your home country, your immigration solicitor can help you claim asylum in the UK.

Need Help?

Wembley Solicitors is here to help!

As a leading law firm in London that assists in all matters of the law—from visa cases and family law to divorce and financial settlements—we can help you through this complex journey.

Start your process today by contacting us at 020 3417 3700.