WHAT HAPPENS TO YOUR UK SPOUSE VISA WHEN YOU SEPARATE?
What is a Spouse Visa?
The Spouse Visa is granted by UK Visas and Immigration to a non-UK resident in order for them to live together with their partner in the UK.
This visa applies to individuals who are married to, or in a civil partnership with a British citizen or a person with indefinite leave to remain in the UK or with settled status and no time limit on their stay in the UK.
You can read more about UK spouse visa rules in our separate blog here.
If you are looking to apply or appeal for a Visa, Indefinite Leave to Remain (ILR) or Citizenship contact us here. We offer consultations in person from our offices in Dundee, Brechin and Cupar as well as via phone or video call. You can also email us here.
What should I do in the event of separation or divorce?
Brace yourself as the rest of this blog is rather dry and summarises a cumbersome administrative process which will affect you at a really sensitive time. Our team of Immigration specialists at the Chamber Practice can save you time and hassle by providing a guiding hand and sympathetic ear. Find out more about our Immigration services.
You are required to notify the Home Office of your separation or divorce. This can be done by email or by letter.
If sending your notice by email, you must include both you and your ex-partner’s:
· dates of birth
· passport numbers
· Home Office reference number(s) - located on letters from the Home Office
If you or your ex-partner have children in the UK, you must also include details of:
· their names and dates of birth
· names of their parents or guardians
· 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 must also complete a public statement if you do not wish for the Home Office to tell your ex-partner any details from your email.
If you would like the Home Office to tell your ex-partner details from your email, you must complete a consent form. Both forms are available on the www.gov.uk website
Your completed public statement and consent form must be attached to your email. Both forms give the Home Office permission to contact your ex-partner at the address you give.
You can send your email to: RelationshipBreakdown@homeoffice.gov.uk
You must include the words ‘MARRIAGE BREAKDOWN’ in the subject line.
If you do not have access to email facilities, you can send a letter by post, together with your signed form to:
UK Visas and Immigration, MARRIAGE BREAKDOWN, Status Review Unit, 7th Floor, The Capital, New Hall Place, Liverpool, L3 9PP
If sending you notice by post, you must include the same details as you would by email, including public statement and consent form when required (see “sending your notice by email”).
Note that the email and post address details apply at the time of writing this article.
As with most Immigration application matters, you could go through these steps on your own and proceed with your own application to stay in the UK following separation or divorce. You may, on the other hand, feel overwhelmed by the process or simply keen to have someone on your side to support. Our Expert Immigration Solicitors are here to guide you. Find out more when you click here.
In our other blogs, we explore what happens when to a UK Spouse Visa in the case of Abuse or Violence and on the Death of a Spouse.