Will divorce affect my visa?
Dear Mr Bassie, AM married to a British citizen and we have recently separated. I know that we are heading for divorce. The problem I have is that my permission to remain in the United Kingdom is based on my marriage. What should I do?
- L.S.
IDear L.S., I am sorry to hear of your plight. When persons separate or divorce while holding a visa that depends on the relationship they must inform the Home Office.
Persons must then either apply for a new visa or leave the United Kingdom. It should be noted that the visa is based on a relationship if that person has permission to stay in the United Kingdom for a limited time as a dependent on their 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.
Persons should also be aware that the same rules apply if their ex-partner’s visa is based on the relationship, i.e., he/she is a dependent or he/she is the ‘sponsor’.
Persons should write a letter to inform the Home Office that the relationship has ended. A person should include his/her and the ex-partner’s name, date of birth, address, passport number; and the Home Office reference number. This can be found on letters sent from the Home Office.
Further, if a person or the expartner has children in the United Kingdom, he/she must also include their names and dates of birth; names of their parents or guardians, and who they currently live with; and how much time they spend with that person or the ex-partner.
In addition, the authorities will need to know how much child maintenance or financial help is given by each person who is party to the divorce or separation, and details of any family court cases in which either person is involved.
Persons should also include one of the following forms with his/her letter:
The public statement if they do not want the Home Office to tell their ex-partner any details from their letter; or a consent form if they have no objection to the Home Office telling the ex-partner details from the letter.
However, it should be noted that both forms give the Home Office permission to contact the ex-partner at the address given. The letter should be sent to: UK Visas and Immigration TM Marriage Curtailment Team PO Box 99 Manchester M90 3WW
III hope this helps.
When persons separate or divorce while holding a visa which depends on the relationship they must inform the Home Office.