Spouse or partner visa holder – stay in the UK after breakdown of relationship or divorce
Relationship breakdown with your partner or spouse is undoubtedly traumatic for individuals involved. It can be even more distressing for those who are in the UK on an immigration visa linked to their spouse or partner. As a general rule, those whose relationship broke down are likely to lose their dependant or spouse/partner visa. This makes sense as those visas are based on subsisting relationship with the partner or spouse. However, as usual with UK immigration, it is complex and the Home Office rules can be confusing.
You will suffer the impact if you hold the below visa categories:
- a dependant on a partner’s UK visa (for example dependant of a skilled worker)
- a spouse or partner on a family visa
Relationship breakdown or divorce in EU Settlement Scheme EUSS
Those who have EU Settlement Scheme family permit (EUSS FP) or pre-settled status (EUSS) as the dependant of an EU national also need to either apply to stay in the UK if they qualify for retained right or find another visa route they can qualify or leave the UK if none of the other options work in their circumstances.
Reporting requirement
You are required in most cases of relationship breakdown to inform Home Office of the change in your circumstances.
However, British National (Overseas) visa holders do not need to tell the Home Office when they divorce or separate from their partner. They can apply to extend their visa or live permanently in the UK even if their relationship has ended.
The other immigration category that does not need to inform the Home Office are EUSS status holders. However, the Home Office may be informed by your ex partner and take decision to cancel your EUSS status.
At what point should you consider relationship as ended
The point at which relationship is considered as broken down is important for the reporting purposes. However, it is not always straightforward to decide. This is something you may need to consider on case by case basis.
Reporting relationship breakdown
To report to the Home Office that your relationship has ended visa holder should go online to the following page.
In case when the visa holder prefers contact by mail they need to print and fill in a form.
- public statement if you do not want the Home Office to tell your ex-partner any details from your letter
- consent form if you’re happy for the Home Office to tell your ex-partner details from your letter
Then send the form to the Home Office with a covering letter. The letter must include both you and your ex-partner’s:
- name
- date of birth
- address
- passport number
- Home Office reference number (you’ll find it on letters sent from the Home Office)
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
Correspondence should be addressed to:
UK Visas and Immigration
MARRIAGE BREAKDOWN
Status Review Unit
7th Floor
The Capital
New Hall Place
Liverpool
L3 9PP
What happens after relationship breakdown
Informing Home Office about the change is likely to cause your visa cancellation. Persons in such situation will have to find another immigration route should they wish to stay in the UK.To stay in the UK they need to obtain other type of visa, for example as a skilled worker or other work visa.
For spouse visa holders whose relationship broke down due to domestic violence the immigration rules are more generous. As long as domestic violence can be proved they can apply for Indefinite Leave to Remain (ILR) Domestic Violence.
