Spouse Visa Curtailment after Separation or Divorce

Spouse Visa Curtailment after Separation or Divorce

If you wish to remain in the UK after your divorce, our immigration lawyers are ready to offer their help.

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Spouse Visa Curtailment After A Divorce

If you are going through a divorce while living in the UK with a Spouse Visa or Civil Partner visa, you may be worried about retaining legal residency after the Spouse Visa curtailment. It is important to assess your options for staying in the UK after a divorce. It is also highly recommended that you seek the help of an immigration lawyer, who can help you find the right visa to remain in the UK.

So what happens to your Spouse Visa after a divorce? According to UK law, the dependent party will no longer be eligible to live in the UK as their leave is reliant on their relationship with the UK sponsor. However, there are a number of options which may be available to you in order for you to stay.

What Will Happen to my Spouse Visa if Separate From My Spouse or Partner?

If you are in the UK on a Spouse Visa and you separate from your spouse or partner or your relationship breaks down, you will be subject to a Spouse Visa curtailment and your visa will be cut short.

This is because your Spouse visa is only valid in the UK as long as your relationship is genuine. If your relationship with your partner ends, you will no longer be eligible to remain in the UK on your visa, and you will have to seek other arrangements.

The Home Office will usually allow you 60 days to make arrangements for leaving or remaining in the UK. You must make the Home Office aware as early as possible that your marriage has ended.

Overstaying on a cancelled Spouse Visa can have dire consequences in the long run, including being convicted of immigration fraud, immediate deportation and being barred from reapplying to the UK.

What Information Do I Need to Give to the Home Office?

When your Spouse visa relationship breaks down, you will need to contact the Home Office by email (or by letter, if you don’t have access to email).

Your email must contain both your 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

Alongside this, you should also attach either:

  • A public statement if you do not want the Home Office official to tell your ex-partner any details from your email
  • A consent form if you’re happy for the Home Office official to tell your ex-partner details from your email

You will need to make sure that you print one of these forms off, sign it, and attach a scanned copy of it to your email.

For assistance with your Spouse visa after separation or divorce, contact us today.

How Do I Contact the Home Office?

Your notification to the Home Office should be sent to: RelationshipBreakdown@homeoffice.gov.uk

Make sure to include the words ‘MARRIAGE BREAKDOWN’ in the email subject line.

If you’re unable to send an email, you may instead send a letter to the following address:

UK Visas and Immigration
Status Review Unit
7th Floor
The Capital
New Hall Place
L3 9PP

Make sure that whichever method you choose, you include all the necessary information and a signed public statement or consent form.

What Are My Options After a Spouse Visa Curtailment?

After you notify the Home Office of your relationship breakdown, you will need to check what your eligibility will be to continue staying in the UK.

You will normally have 60 days to do either of the following:

  • Apply to stay in the UK under a different visa or a settlement scheme
  • Start preparations to leave the UK

Note that if your Spouse visa already had less than 60 days’ worth of validity when you informed the Home Office of your relationship breakdown, your visa’s expiry date will remain as it is.

Additionally, the Home Office may decide to either curtail the visa immediately without the 60 day grace period, or allow for a longer curtailment period.

Longer periods of curtailment are usually only given in exceptional circumstances, such as if the visa holder has been a victim of domestic abuse or domestic violence.

How Can I Stay in the UK After a Spouse Visa Curtailment?

In order to stay in the UK after a Spouse visa curtailment, you will have to apply for a new immigration status. Some of the options available to you may include:

  • A work visa, such as the Skilled Worker visa
  • Apply for another Family visa, either:
    • As a parent of a child who is a British citizen, is settled in the UK, or has lived in the UK for at least 7 years
    • On the basis of your private life, such as if you’re between 18 and 24 and you’ve lived continuously in the UK for more than half your life, or if you’re 18 or over, have spent less than 20 years in the UK and would have significant problems living in the country you’d have to go to
  • The EU Settlement Scheme, if you’ve retained right of residence
  • Indefinite leave to remain, if you’ve spent 5 years’ worth of qualifying residence in the UK

If you’re unable to find a suitable immigration route that you’re eligible for, it is likely that you will have to leave the UK once the 60 day curtailment period expires.

How Can We Manage Your Visas Help?

Our dedicated immigration solicitors can help you if you are experiencing a Spouse Visa or Civil Partnership visa curtailment. There is a short timeframe in which you must make a decision if you want to remain in the UK if a Spouse Visa is curtailed after a divorce.

Our lawyers are based around the country and can meet with you immediately to discuss your different options. We will work with you to assess your best visa options, quickly and comprehensively.

Get in touch with us on or use our online enquiry form to discuss your options for staying in the UK after a divorce. Our team of immigration lawyers are based across the UK, including in London or Blackburn. You can also use the office finder to find the closest branch to you.

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