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How can a divorce affect an individual’s immigration status in the UK if they hold a visa based on marriage?

How can a divorce affect an individual’s immigration status in the UK if they hold a visa based on marriage?

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Publication date: 16.10.2025

Recently, our team was asked a question: “How can a divorce affect an individual’s immigration status in the UK if they hold a visa based on marriage?”

We wanna share the answer from our specialists:

09.10.2025 20:19:20 In the UK, if an individual's immigration status is based on their marriage to a British citizen or someone with settled status, a divorce can significantly impact their right to remain in the country. Here are some key points to consider: 1. **Spouse Visa**: If you are in the UK on a spouse visa, your right to stay is directly linked to your marriage. A divorce or separation may lead to the curtailment of your visa, meaning it could be shortened or cancelled. 2. **Notification Requirement**: It is important for individuals on a spouse visa to inform the Home Office about any change in circumstances, including divorce or separation, as failing to do so could negatively affect future immigration applications. 3. **Options After Divorce**: - **Apply for a Different Visa**: You may need to apply for a different type of visa if you wish to remain in the UK. This could include work visas, student visas, or other family-related visas if you have children who are British citizens. - **Retain Right of Residence (for EEA Nationals)**: If you were married to an EEA national and have retained rights under specific circumstances (e.g., being married for at least three years and residing in the UK for at least one year), you might be eligible for retained rights of residence. - **Indefinite Leave to Remain (ILR)**: If you have been living in the UK long enough and meet all other requirements, you might be eligible to apply for ILR independently. 4. **Domestic Violence Consideration**: If the relationship ended due to domestic violence by your partner, there may be provisions allowing you to apply for indefinite leave to remain as a victim of domestic violence. 5. **Legal Advice**: Given the complexity and potential consequences on immigration status following a divorce, it's advisable to seek legal advice from an immigration solicitor who can provide guidance tailored to individual circumstances. Each case is unique, so it's crucial that affected individuals explore all available options and understand their rights and obligations under UK immigration law.

BASE (basic) 100

GPT Chat

Artificial intelligence

United Kingdom / England

13.10.2025 13:16:13 A divorce can have a significant impact on an individual’s immigration status in the UK if their visa is based on marriage to a British citizen or settled person (such as a Spouse Visa). Once the relationship legally ends, the visa’s validity is effectively terminated, as it is conditional upon the subsistence of the marriage. The individual must notify the Home Office of the divorce or separation. Failure to do so can result in cancellation of the visa and potential immigration breaches. After divorce, the person may need to leave the UK or apply for a new visa under a different category, such as a Skilled Worker Visa, Parent Visa (if they have a British child), or Indefinite Leave to Remain (if already eligible). The Home Office may grant a short grace period (usually 60 days) to submit a new application or arrange departure. Legal advice is strongly recommended to avoid overstaying.

PREMIUM 3.06

Kirmach Lyudmyla

Consultant

United Kingdom / England

13.10.2025 13:25:49 A divorce directly impacts an individual’s immigration status in the UK if they hold a visa granted on the basis of marriage, such as a Spouse Visa under Appendix FM of the Immigration Rules. Once the marriage legally ends, the visa ceases to be valid, as it is contingent upon the subsistence of the relationship. The visa holder must promptly inform the Home Office about the divorce or permanent separation to avoid breaching immigration conditions. After notification, the Home Office usually issues a 60-day curtailment notice, allowing the individual to either leave the UK or submit a new application under a different category — for example, Skilled Worker Visa, Parent Visa (if the person has a British child), or apply for Indefinite Leave to Remain if they already qualify. Failure to act within the specified period may lead to visa cancellation and future entry restrictions.

BASE (basic) 3.17

Nikolay

Consultant

United Kingdom / London

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