Visas in Spousal Separation or Divorce Cases

In the cases your relationship with your spouse or unmarried partner breaks down or ends, the Home Office must be informed.

Sponsors

If you are a British Citizen or a ‘settled person’ with indefinite leave to remain, with refugee status, with humanitarian protection status in the UK or on a temporary visa, e.g. a working visa, you must inform the home office of the breakdown of the relationship with the person you sponsored as a dependent.

The Home Office must be informed - name, date of birth, address, passport number, and the Home Office reference number.

What Happens Next?

The applicant will need to apply for leave to remain on their own basis. However, if there are children involved there is a possibility that you may be able to apply for discretionary leave to remain. However, in the case, your partner passed away who was a British Citizen or settled person their partner can obtain settlement (Indefinite Leave to Remain) directly.

The Eligibility to stay in the UK is to be tested on the following categories of person: 

• Whether he/she is on a work visa
• Whether he/she is a settled person
• Whether the relationship broke due to domestic violence
• Whether he/she is the parent of one or more British/settled children.
• Whether he/she is the parent of children who has lived in the UK continuously for at least 7 years
• Whether he/she has been living in the UK continuously for a number of years