What Happens to a Spouse Visa After Separation or Divorce? 

Going through a separation or divorce is never easy, and if you’re in the UK on a Spouse Visa, it can bring added uncertainty about your immigration status. Since a Spouse Visa is granted based on a genuine relationship, the end of that relationship may affect your ability to stay in the UK.

Understanding your rights, obligations, and options is essential to avoid complications and take the right next steps. In this guide, we’ll explain how separation impacts your visa, whether you need to inform the Home Office, and what alternative routes may be available to remain in the UK. In this guide, the Immigration Team at Richard Nelson LLP, together with Rita Kotecha, explain how separation affects your visa, what the Home Office requires, and what routes might be available to remain in the UK.

If you’re interested in a particular section, use the links below to navigate straight to it:

• Does separation/divorce affect your Spouse Visa?
• Do you need to inform the Home Office of separation?
• Can your wife/husband cancel your Spouse Visa?
• What is Spouse Visa curtailment?
• Can you stay in the UK after divorce, dissolution, or separation?
• What are your visa options after separation/divorce?
• What happens if you don’t secure a new visa?
• What to do if you decide to get back together
• How we can help

Need help with a UK Spouse Visa application? Contact our Spouse Visa solicitors today for expert guidance and support to navigate the process successfully.

Does separation/divorce affect your Spouse Visa?

Yes. If your relationship ends, it can impact your visa status. A UK Spouse Visa is issued on the basis of a continuing relationship, so if you separate or divorce, the Home Office must be informed. This could lead to your visa being curtailed, meaning it may be shortened, and you could be required to leave the UK unless you apply for a different visa.

Will a divorce affect your chances of future UK visas?

Not necessarily. A previous Spouse Visa and the end of a relationship won’t automatically harm your chances of getting another visa, as long as you inform the Home Office and follow the correct steps. Future applications are judged on the eligibility criteria for that specific visa route. However, overstaying or failing to report your separation can negatively impact your immigration record.

Do you need to inform the Home Office of separation?

Yes, both you and your spouse are legally required to notify the Home Office if you separate or divorce. Your sponsoring partner must write to the Home Office and, in many cases, submit one of two official forms:

• Public Statement Form – if they do not want you to be informed of the withdrawal.
• Consent Form – if they agree that you should be notified.

These forms must be sent with a covering letter that includes key information about both parties:

• Full names
• Dates of birth
• Addresses
• Passport numbers
• Home Office reference numbers (usually found on correspondence from the Home Office)
  

If you and your partner have children in the UK, the letter must also include:

• Their names and dates of birth
• The names of their parents or guardians, and who they live with
• How much time they spend with each parent
• Details of any financial support, such as child maintenance
• Information about any family court proceedings

Once the Home Office receives this information, a caseworker will review your situation and decide whether you still meet the requirements to remain in the UK.

Can your wife/husband cancel your Spouse Visa?

No, your spouse cannot cancel your visa directly. Only the Home Office has the authority to do that. However, if your relationship ends, you or your partner are legally required to inform the Home Office, especially if your visa is based on that relationship. 

Once notified, the Home Office will review your case. This doesn’t mean your visa is cancelled automatically. Instead, they may decide to curtail your visa – in which case, you could receive a letter giving you 60 days to apply for a new visa or make arrangements to leave the UK. If your visa is curtailed, it’s strongly advised to speak to an immigration solicitor as soon as possible to explore your options.

What is Spouse Visa curtailment?

If you or your partner informs the Home Office of a separation or divorce, the visa holder’s Spouse Visa may be curtailed, usually to a 60-day period. This gives the visa holder time to explore alternative immigration routes, such as applying for another visa or Indefinite Leave to Remain (ILR), or preparing to leave the UK.

The curtailment period does not begin immediately after the notification. First, the Home Office will review your circumstances and send a curtailment letter if they decide to shorten the visa.

What happens if your visa is already close to expiring?

If your Spouse Visa has fewer than 60 days left when the Home Office is notified, they will typically leave the original expiry date in place rather than extend it.

Are there exceptions to the 60-day curtailment?

Yes. In exceptional cases, such as where the visa holder has experienced domestic abuse, the Home Office may choose not to curtail the visa at all, or they might allow a longer curtailment period to provide additional time and protection.

If you receive a curtailment notice, it’s essential to seek legal advice quickly so you understand your options and can take timely action to stay in the UK lawfully.

Can you still work or access benefits after your Spouse Visa is curtailed?

Until your visa is officially curtailed or expires, you retain the same rights, including working and renting in the UK. However, once you are given notice that your visa is being curtailed, and that period expires without switching to a different visa, those rights end. You are not automatically entitled to claim public funds (benefits) on a Spouse Visa unless it was issued with recourse to public funds, so it’s important to check the conditions of your current visa.

Can you stay in the UK after divorce, dissolution, or separation?

Yes, you will be able to stay in the UK following Spouse Visa divorce, dissolution, or separation if you decide to apply for a new immigration status for which you are eligible.

What are your visa options after separation/divorce?

If your relationship ends, there may be alternative visa routes available:

• Parent Route: If you have children in the UK who are British citizens or settled, you may apply for a visa as a parent.
• Work or Skilled Visa: If you qualify under a work or skilled worker visa, you may be eligible to switch visas.
• Private Life in the UK: If you’ve lived in the UK for a long time and have built a life here, you could apply to remain based on your private life.
• Indefinite Leave to Remain (ILR): If you have been in the UK long enough and meet the requirements, you might be able to apply for ILR.
• Other Visa categories: Depending on your situation, you may also qualify under another visa category.

What if you’re in an abusive or controlling relationship?

If the relationship breakdown involves domestic abuse, whether physical, emotional, or financial, you may be eligible to apply for Indefinite Leave to Remain under the domestic violence concession. This route is specifically designed to protect individuals whose visa status is dependent on their partner and who feel unsafe remaining in the relationship. It’s essential to seek legal advice and support services if you’re in this situation.

What happens if you don’t secure a new visa?

If you do not qualify for another visa, you may be required to leave the UK. The Home Office will typically provide a grace period, allowing time for you to make arrangements or apply for a new visa. Overstaying beyond this period can lead to serious immigration consequences, including difficulties with future visa applications.

What to do if you decide to get back together

If you and your partner decide to reconcile after notifying the Home Office of a separation or divorce, it’s important to update them as soon as possible. You can do this in one of two ways:

• Online: Use the Home Office’s online service to let them know that you’re back together.
• By post: Send another letter and a copy of the original form, including the same details you provided before, such as both of your names, dates of birth, addresses, passport numbers, and your Home Office reference numbers.

Keeping the Home Office informed ensures your immigration record remains accurate and helps avoid issues with your current or future visa status.

How we can help

At Richard Nelson LLP, we are experienced in handling this type of situation. We will write a detailed letter of representation detailing the background to your relationship, the point at which the relationship had broken down and current issues. We will pair this with the Immigration rules to ensure a thorough letter that duly informs the Home Office of the current situation. This will also be paired with documentary evidence of the relationship breakdown, so the Home Office are on notice of the breach of the visa requirements.

The Home Office website provides instructions on how to notify them yourself, free of charge. However, given the complexities involved, legal assistance can make the process smoother and more secure. Our divorce lawyers can support you with the legal aspects of separation, while our experienced Spouse Visa solicitors focus on presenting your immigration case effectively.

Our fees will vary depending on the case’s complexity. Get in touch with our expert solicitors today to discuss your situation.