Remaining in the UK after relationship breakdown

AuthorCaroline Sykes

Where one partner relies on the other’s immigration status to remain in the UK, relationship breakdown can lead to complex immigration issues.

Following separation or divorce, there is no automatic right to remain for partner visa holders or Points-Based System dependents.

If your UK immigration status is dependent on your relationship and your relationship comes to an end, you will need to inform the Home Office of your change in circumstances.

In most cases the Home Office will then curtail your visa to 60 days, during which time you will need to make an application to remain in the UK or make arrangements to leave the UK.

If you would like to remain in the UK, you may be able to make an application in another category, for example:

Indefinite Leave to Remain
On the basis of a child in the UK
Under the EU Settlement Scheme (retained rights)
On the basis of your long residence
Skilled Worker visa or other work-based visa route

If your relationship broke down as a result of domestic abuse and your partner was a British citizen, settled in the UK or a member of the UK armed forces, you may be eligible to apply to settle in the UK on this basis.

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