Divorce on a Spouse Visa

Divorce on a Spouse Visa

 

One of the very contentious issues when it comes to visas and immigration is what happens on a Spousal Visa if you and your partner get divorced. This is, of course, a very unfortunate situation and in this article, we help to offer potential solutions to what often seems like an impossible situation for those who are in it.

 

Will I still be eligible to hold my Spousal Visa if I get divorced in the UK?

 

No, unfortunately because of the rules regarding the Spousal Visa you will need to leave the country or apply for a different visa if you get divorced, this is in essence because your visa is tied to your partner and in this case your eligibility will no longer apply due to the fact you are no longer with the partner. This is, of course, an unfortunate situation and it seems that there is little leeway from the government – this is mainly so as to avoid the potential problem of marriages of convenience and people just getting married and divorced and keeping their visas.

 

What can I do next if my partner is going to divorce me and I need my visa to stay in the UK?

 

If your marriage is truly over then there is more than likely little that can be done as far as your partner is concerned, it would be surreptitious to continue the marriage for purely convenience purposes and that is therefore not advised. In most cases, you will find that while you are no longer eligible for a Spousal Visa you may be eligible for one of the other UK visas.

 

What about switching to another visa?

 

This is often the most used way for those to stay in the country whose marriages have ended. Commonly we would urge people to look at the Tier 2 General Visa as an option. You would need to get a job offer and a Certificate of Sponsorship (COS) and then make an application. The Tier 2 General Visa is a good option for those in this situation and well worth trying if you are about to be divorced on a Spousal Visa.

Where can I go for more help?

 

If you are in this situation and you don’t know where to turn please get in touch. Our immigration specialists will be able to lend you a sympathetic ear and be able to analyse your case to give you the best set of options available and try to help you with your situation. We understand the situation and our advisors will be able to look through your case and advise you on any other visa route that you may be eligible for. If you are eligible, we can then help you to create your application and give you the best chance of success in your application.