Can Divorce Affect My Right To Remain in the UK?

If you’re living in the UK through a visa sponsored by your spouse, any separation could put you at risk of losing your visa eligibility status. No divorce is easy, and when you have to pack up and leave behind everything you’ve known, it can double the amount of pain and trauma.

If you’re in such a situation and feel your marriage is failing, take preventive measures to ensure you can stay in the UK even after your divorce.

When young children are involved, it may become even more important to remain in the country or risk never getting to see them again. In 2012, it was reported that almost two-thirds of all children born in London born to at least one foreign parent, possibly the highest in the country’s history.

What to do now?

The best course of action would be to cover all bases and check if you’re applicable for any other kind of visa that will allow you to stay in UK. But before that, you or your spouse need to tell your Home Office about your decision to separate. If you fail to do so, any visa applications you make in the future could be affected.

Many couples belonging to different countries are often unaware that in any case of separation, the immigration status of the dependent is going to be affected. This is because in case of divorce, a major clause on the basis of which you were first granted your visa is now no longer in effect—namely that you are in a genuine and legally binding relationship with your sponsor.

The next options you have are any of the following:

Children born in the UK

If you and your partner have any children that were born and live in the UK and are British citizens, you may be accepted for a parent visa on their behalf. However, there are a few conditions to take into consideration, which you may find over on the official website of the government of UK.

Living Independently

Check if you’re eligible for an ‘indefinite leave to remain’ as per the requirements in the official website. If you are, this option will give you the chance to remain in the UK independently, regardless of the status of your relationship with your sponsor.

Work permits

You may be applicable for a Tier 2 (General) visa if you work in a business that is on the ‘shortage occupation list’. It may be easier to apply for a work permit if you work for a big corporation. There are, however, conditions for this kind of visa, which are enumerated here.

Other Options

To find out any other options you may have for staying in the UK post-divorce, it is advised to consult a family solicitor or specialised immigration solicitors in the UK.

Wembley Solicitors, with their team of highly trained and extremely professional solicitors will guide you through the entire process of your divorce and immigration settlements.