Separating from your partner does not automatically cancel your UK visa. If your permission to stay depends on that relationship, however, you may no longer meet the requirements of your visa. You should check your position and consider your options promptly, even if divorce proceedings have not begun.
Does your visa depend on your relationship?
The first question is how you obtained permission to stay in the UK. A separation may affect you if you have a spouse or partner family visa, or if you are a dependant on your partner’s UK visa. It may also affect some people whose permission under the EU Settlement Scheme depends on a family relationship.
If you have a visa in your own right, such as a work visa for which you are the main applicant, separation will not necessarily affect that permission. Equally, the rules are different for some routes: a person with a British National (Overseas) visa does not need to report a separation solely because the relationship has ended. Check the basis of your own permission before deciding what to do.
Do you need to tell the Home Office?
You must usually tell the Home Office if you separate or divorce and your visa is based on the relationship. The Home Office provides an online service for reporting this. The same issue may arise if your former partner holds permission as your dependant.
You do not need to wait until a divorce is finalised to consider your immigration position. If it is unclear whether a separation is temporary or the relationship has ended permanently, take advice on your circumstances and the appropriate time to notify the Home Office.
Will your visa be cancelled?
A former partner cannot cancel your visa themselves, and notifying the Home Office does not automatically cancel it. The Home Office considers whether to cancel permission that was granted on the basis of a relationship that has broken down.
If it decides to cancel permission, Home Office guidance generally provides for it to be shortened to 60 days, subject to exceptions. You should not assume that you have a guaranteed 60 days from the date of separation, or that your original visa expiry date will remain in place. The Home Office advises people who need to apply to stay to do so as soon as possible after the relationship breaks down, rather than waiting for their current visa to expire.
What options might allow you to stay?
Your options will depend on your circumstances. You may be eligible to apply for a work visa, a family visa as a parent, or permission based on your private life in the UK. Some people may qualify for indefinite leave to remain through another route. Each has its own requirements; time spent in the UK or an offer of work will not, by itself, establish eligibility.
This is one reason to look at your immigration position early. The route you may be able to use, the evidence you need and the timing of an application can all affect your next steps.
What if you have children in the UK?
An application as a parent depends on factors such as the child’s circumstances, your parental responsibility and your active role in their upbringing. Evidence of the care you provide and the arrangements for seeing your child may be important.
Where you will live and how you will care for your children may also be central to separation discussions. It is sensible to understand your immigration options before making longer-term arrangements about housing, finances or where the children will live.
What if the relationship ended because of abuse?
If your relationship permanently broke down because of domestic abuse, you may be eligible to apply for settlement under a specific immigration route. Domestic abuse can include emotional, psychological, sexual or financial abuse, as well as controlling behaviour; it is not limited to physical violence. Eligibility depends on the immigration permission you hold and the circumstances of the breakdown.
If you need financial support, the Migrant Victims of Domestic Abuse Concession may provide eligible applicants with three months’ temporary permission to stay and access to benefits while they take further steps. This is a separate measure with its own conditions and time limits.
What should you do first?
- Check your immigration status: find your visa decision and confirm whether your permission depends on your partner and when it expires.
- Get advice on timing: establish whether and how to notify the Home Office and obtain expert advice on what your options are and what application you may need to make.
- Keep relevant evidence: this may include immigration records and, where relevant, documents about your work, children or the circumstances in which the relationship ended.
Separation can affect immigration, financial and child arrangements at the same time. Sahar Raji and Quastels’ Immigration team can help you understand your right to stay and plan the next steps in light of your wider circumstances.
