My spouse does not want me to stay

Dear Mr Bassie,

Iam now living in the United Kingdom and separated from my partner. I am in a good job, but my partner is determined to ensure that I do not stay here. What should I do? Any advice would be appreciated.

– D.G.

Dear D.G.,

Persons must tell the Home Office when they divorce or separate from their partner if their visa is based on the relationship. Having done this, persons must then either apply for a new visa or leave the United Kingdom.

A person’s visa is based on their relationship if he/she has permission to stay in the United Kingdom for a limited time as:

• A dependent on the partner’s United Kingdom visa;

• A spouse or partner on a ‘family of a settled person’ visa;

• The partner of a British citizen, EEA national, ‘settled’ person with indefinite leave to remain, or someone with refugee status or humanitarian protection.

Please note that the same rules apply if the person’s ex-partner’s visa is based on their relationship; for example, they are a dependent, or he/she is their ‘sponsor’.

Persons should send an email to the Home Office to inform them that the relationship has ended. The email must include both the person advising and the ex-partner’s:

• Name;

• Date of birth;

• Address;

• Passport number;

• Home Office reference number – this can be found on correspondence sent from the Home Office.

If the person sending the information or the ex-partner have children in the United Kingdom, the notice 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 both persons;

• How much child maintenance or financial help is given to each other;

• Details of any family court case that the parties are involved in.

FORMS THAT MUST BE ATTACHED TO THE EMAIL

Persons must print and sign one of these forms:

• Public statement, if they do not want the Home Office to tell their ex-partner any details from the email;

• Consent form, if they have no objection to the Home Office to tell the ex-partner details from the email.

Persons should attach a scan of the signed form to the email. Please note that both forms give the Home Office permission to contact the ex-partner at the address given.

The email should be sent to StatusReviewUnit@homeoffice. gov.uk and ‘MARRIAGE BREAKDOWN’ should be included in the subject line. Persons who do not have access to email, can post a letter with the signed form to:

UK Visas and Immigration MARRIAGE BREAKDOWN Status Review Unit

7th Floor

The Capital

New Hall Place

Liverpool

L3 9PP

Persons should be aware that if their visa is based on a relationship that has ended, they must either leave the United Kingdom or apply for a different visa to stay there.

Persons who are applying for a different visa must check their eligibility for visas – for example, they may be able to apply:

• For a work visa;

• To settle in the UK;

• As a parent of a child who is British, settled in the UK, or has lived in the UK for at least seven years.

• Based on their private life in the UK – for example, they have lived in the UK for a long time;

If the relationship ended because of domestic violence, persons must check if they can settle in the United Kingdom as the partner of a:

• British citizen or person settled in the UK;

• Member of HM Forces who has served for at least four years.

Please note that persons must apply as soon as possible after the relationship breaks down. Also, persons can report domestic abuse and/or get help.