UK Spouse Visa Marriage Breakdown
A Spouse visa allows those who are married to a British citizen, or someone who has Indefinite Leave to Remain (ILR) in the country, the opportunity to live in the UK with their spouse or civil partner. This is ideal when things are going well, but what happens when a marriage or civil partnership breaks down to those that are in the UK on a Spouse Visa? Well in this article we're going to look at the options for those who are in the UK on a Spouse Visa whose marriage or civil partnership is either about to end or already has.
My Marriage Or Civil Partnership Is About To End What Should I Do?
The end of a marriage or civil partnership can be messy, to say the least; there are financial and often familial concerns that need to be rectified as soon as possible. This situation can be significantly more complicated if one of the spouses or partners are living in the UK on a Spouse Visa. We can certainly understand the concern of those whose relationship is about to end but whose immigration status relies on that relationship. Although things seem bleak you must not fret. There are significant options available to those who are in the UK on a Spouse Visa whose relationship is about to end.
Our principal advice is to get in touch with an immigration specialist such as ourselves (unless there is domestic violence, in this instance your first contact should be with authorities that can help to make you safe). Our team can help to take a holistic view of your situation and help guide you in what your next move should be. In most cases, people who are in the UK on a Spouse Visa are entitled to switch to either an alternative visa route or in some cases even gain Indefinite Leave to Remain (ILR) at short notice. By getting in touch you can ensure that you have an experienced and knowledgeable team working for you to ensure that you stand the best chance of remaining in the UK.
I'm Currently In A Violent Relationship And Want To Leave, But I Am In The UK On A Spouse Visa What Are My Options?
As we previously alluded to, it is vital that if you are in a relationship that has a domestic violence problem then you should leave immediately. There are many people out there who can help with your situation. These include the police, your GP or one of the many charities that exist to help those in a violent relationship to escape.
Once you have escaped the relationship then you can set to work on cementing your immigration status. Fortunately, the Home Office understands that in some cases domestic violence can be the cause of a relationship breakdown. Because of this, they have made exemptions in the immigration laws to allow those who are escaping a violent relationship and are in the UK on a Spouse Visa the option to gain Indefinite Leave to Remain (ILR) at short notice. This is an ideal situation for those who are escaping a violent relationship and by getting in touch, we can help you to secure your future in the UK by helping you to apply for Indefinite Leave to Remain (ILR).
Can I Switch From A Spouse Visa To An Alternative Visa In Order To Continue Living In The UK At The End Of A Marriage Or Civil Partnership?
Many people are understandably concerned that the end of their relationship will also mean the end of their stay in the UK. In some situations, there is some truth to this. If you do not replace your Spouse Visa with an alternative, you will of course then need to leave the country. Your ability to remain in the UK is going to depend largely on your circumstances. For some, if you have had children in the UK then you may be able to remain on a familial visa as the parent of a British citizen. Another option will be as described above in the situation where there is a violent end to the relationship - in this case, you may be able to gain Indefinite Leave to Remain (ILR).
If you are unable to find an alternative route to stay in the UK then you will need to leave the country. Unfortunately, Spouse Visa holders are not eligible to switch to other points-based immigration visas in the UK (such as the Tier 2 General Visa). At this point, you may wish to get in touch with immigration specialists such as ourselves. We can help take a deep look into your case to find out if you have any option of remaining in the UK. Our highly experienced team have helped many people at the end of their relationships to successfully remain in the UK. So if you are looking to remain in the UK at the end of your relationship, please get in touch with our team who will be more than happy to help look into your case and give you some options on what to do next.
Where Can I Get More Help?
If you need help with a Spouse Visa issue then please get in touch. Our experienced and qualified immigration solicitors can help you to plot out your next move and help ensure that you are able to remain in the UK at the end of your marriage or civil partnership.
It is vital that if you are in any danger at all, you must inform the authorities. We appreciate that many people worry that because they're living in the UK on a visa, they will lose their ability to remain in the UK. Please know that there are protections in place to ensure that this does not happen. So please ensure your safety before you look into your immigration problems.
- UK Spouse Visa Application Timeline 2021
- Will Switching From a Skilled Worker Visa to a Spouse Visa Affect My Job?
- Could You Fail The Spouse Visa Interview Even If You're Genuine?
- £62,500 Spouse Visa Savings
- When Switching From A UK Fiance To A Spouse Visa, Can I Include My Children On My Application?