If you are in the UK with a Spouse or Civil Partner visa and going through a divorce, you may be concerned about retaining your legal residency after Spouse Visa curtailment. To ensure that you are aware of your options for staying in the UK post-divorce, seeking the advice of an immigration lawyer is highly recommended. Under UK law, the dependent party will no longer qualify to remain in the UK after a divorce, as their right to stay is based on their relationship with their UK sponsor. However, there are various options that may be open to you, and an immigration lawyer can guide you towards finding the appropriate visa to remain in the UK.
What happens to your spouse visa after separating from your spouse or partner
If you are on a Spouse Visa or Civil Partner Visa and have separated from your spouse or partner, you may be concerned about what will happen to your visa. In such cases, your Spouse Visa may be curtailed or shortened by the Home Office, as it is reliant on your relationship with your UK sponsor.
Once the Home Office is informed of the separation, they will investigate the matter and make a decision on whether or not to curtail your visa. The decision will depend on various factors such as the length of the relationship, the reason for the separation, and your individual circumstances.
If the Home Office decides to curtail your visa, they will notify you of the decision, and your permission to remain in the UK will end before the original expiration date of your visa. This means you will have to leave the UK or apply for a different visa that fits your individual circumstances.
It’s important to note that curtailment of your Spouse Visa is not automatic, and the Home Office will consider each case on an individual basis. You may be able to make an appeal against the decision if you think that it was unfair or unreasonable.
If you find yourself in this situation, seeking the advice of an immigration lawyer is recommended to help you understand your options and take appropriate steps to stay in the UK if possible.
Notifying the home office of separation
If your visa is dependent on your relationship with a British citizen or someone with UK settled status, you must inform the Home Office if your relationship has permanently broken down. This applies to those who hold a family visa as a spouse or partner, or who are dependents on a former partner’s visa, and in some cases, family permits. It’s important to note that you should not wait until the divorce is finalized to notify the Home Office.
The notification of relationship breakdown can be made either by you or your ex-partner and should be sent to the UKVI’s Marriage Breakdown Status Review Unit. You can email them at StatusReviewUnit@homeoffice.gov.uk, using the subject line ‘MARRIAGE BREAKDOWN’, or send a letter to the address provided.
When making the notification, you will need to provide personal information about yourself and your former partner, including you and your ex-partner’s:
- Name
- Date of birth
- Address
- Passport number
- Home Office reference number
If you or your ex-partner have children in the UK, you must also include:
- Their names and dates of birth
- Names of their parents or guardians, and who they live with
- How much time they spend with you or your ex-partner
- How much child maintenance or financial help you give each other
- Details of any family court cases you’re involved in
The notification must also include a signed public statement or signed consent form. The public statement is used if you want the details to be kept confidential and not shared with your ex-partner, while the consent form is used if you are happy for the details to be shared by the Home Office with your ex-partner. If submitting by email, you should attach a scan or image of the signed form, or enclose a signed copy with the letter if submitting by post.
After receiving the notification, the Home Office will contact your ex-partner using the address you have provided for them.
Options after a spouse visa curtailment
Once you have informed the Home Office of your relationship breakdown, it is important to determine your eligibility to continue residing in the UK. You will generally have a period of 60 days to take one of the following actions:
- Apply for a different visa or settlement scheme in order to stay in the UK; or
- Begin making arrangements to leave the UK.
It should be noted that if your Spouse Visa had less than 60 days of validity remaining at the time you notified the Home Office of your relationship breakdown, its expiration date will not change.
Furthermore, the Home Office may choose to immediately curtail your visa without the 60-day grace period, or they may allow for a longer period of curtailment. Longer curtailment periods are typically granted only under exceptional circumstances, such as if the visa holder has been a victim of domestic abuse or domestic violence. It is recommended to seek professional advice from an immigration lawyer to understand your options and the best course of action in your specific circumstances.
Can I Stay in the UK After a Spouse Visa Curtailment?
To remain in the UK after a Spouse visa curtailment, you will need to apply for a new immigration status. Some of the available options include:
- Applying for a work visa, such as the Skilled Worker visa.
- Applying for another Family visa as a parent of a child who is a British citizen, settled in the UK, or has lived in the UK for at least 7 years, or on the basis of your private life if you meet certain criteria.
- Applying to the EU Settlement Scheme if you have retained your right of residence.
- Applying for Indefinite Leave to Remain if you have spent at least 5 years in qualifying residence in the UK.
If you are unable to find a suitable immigration route that you are eligible for, it is likely that you will have to leave the UK once the 60-day curtailment period expires.
Retained right of residence – EU Settlement Scheme family permit
The Retained Right of Residence is a provision under the EU Settlement Scheme that allows certain family members of EU, EEA, or Swiss citizens to remain in the UK after the breakdown of a marriage or civil partnership, or after the death of their EU, EEA, or Swiss citizen sponsor.
If you are a family member of an EU, EEA, or Swiss citizen who is a British citizen or has settled status in the UK, and you have a valid EU Settlement Scheme family permit, you may be eligible for the Retained Right of Residence.
To be eligible, you must have been living in the UK as a family member of an EU, EEA, or Swiss citizen who was exercising their free movement rights in the UK for at least 1 continuous year before the relationship ended or your sponsor died.
You must also be able to show that you meet certain conditions, including that you:
- Were married to or in a civil partnership with the EU, EEA, or Swiss citizen at the time the relationship ended, or were in a durable relationship with them that lasted for at least 2 years before the relationship ended
- Have retained your right of residence as a family member under EU law at the time the relationship ended or your sponsor died
- Have not remarried or entered into a new civil partnership
- Continue to meet the eligibility requirements of the EU Settlement Scheme, including that you are not a serious or persistent criminal and that you have not been absent from the UK for more than 2 years
If you are eligible for the Retained Right of Residence, you will be granted permission to stay in the UK for 5 years, with the possibility of applying for settled status after that. This will allow you to continue living and working in the UK, as well as accessing public services such as healthcare and education.
Conclusion
In conclusion, Spouse visa curtailment is a process in which a visa granted to an individual based on their relationship with a British citizen or someone with UK settled status is terminated due to a breakdown in the relationship. If this happens, it is important to notify the Home Office as soon as possible and explore the available options to continue staying in the UK. These options may include applying for a different type of visa, such as a work visa or another family visa, retaining the right of residence through the EU Settlement Scheme family permit, or applying for indefinite leave to remain. However, if no suitable immigration route is found, leaving the UK may be necessary once the 60-day curtailment period expires. It is essential to seek legal advice and understand your options fully when facing Spouse visa curtailment.
