If you’re in the UK as a dependant on your partner’s visa, you’ll lose your visa after divorce or separation. You’ll need to check your eligibility to stay in the UK and apply for a new visa if you can. If you’re not eligible to stay in the UK you might have to leave.
Applying as a parent of British Child
One of the options for staying in the UK is called the ‘parent of a British child route’ – you might be eligible if you have children who are living in the UK. This is a common way for parents to be able to live in the UK after they’re separated or divorced.
To be eligible to apply for this visa, you do not need to be in a relationship or married to your child’s other parent. You do need to prove you have parental responsibility for your child’s life in order to stay in the UK as a parent. This can be established in many ways including a letter from your child’s school stating you attend the child’s parent’s evenings and/or are known to the school or a letter from the child,s school stating your name as contact person.
Applying as a victim domestic violence
If your relationship has broken down because of domestic violence, you’ll usually be able to apply to settle in the UK also known as indefinite leave to remain.
Domestic abuse is recognised as psychological, physical, sexual, financial and emotional abuse. You will be asked to provide proof of the abuse, this can be, for example, court documents if you were granted a domestic violence protection order, a domestic violence protection notice or medical proof of domestic violence.
The breakdown of the relationship during the probationary period needs to be set out in a letter to the Home Office outlining your case for settled status. It’s possible to apply for the ‘Concessions for victims of domestic violence’ so you’re able to stay in the UK for three months while you apply for the settled status.
Other ways of staying
There are other ways of getting a visa if you’ve been living in the UK for a long time. These routes are called ‘private life in the UK’, for example, if:
- you’ve lived continuously in the UK for at least 20 years
- you’re under 18 and have lived continuously in the UK for at least seven years
- you’re between 18 and 24 and have spent at least half your life living continuously in the UK
- you’re over 18 and have no ties with the country that you’d have to return to – this means you need to have no social, cultural or family ties with that country
Any time you’ve spent in prison won’t count towards the above amounts.
Our immigration law solicitors are well versed in many different types of visa application, including those following a divorce, and will be able to put you on the right path to staying in the UK after your divorce. Don’t hesitate to get in touch with one of our immigration experts today, call us on 0203 909 8399
