Consequences of a marriage or relationship break-down?

According to the Home Office, a migrant should inform the Home Office if divorcing or separating from their partner if their current visa is based on the marriage/relationship/civil partnership. This might include:

  • A dependant partner under the PBS dependant route
  • A spouse or partner on a family visa

 

You should email [email protected] to update the change of relationship and include MARRIAGE BREAKDOWN in the subject line.

The email must include the following details of both you and your ex-partner:

  • name
  • date of birth
  • address
  • passport number
  • Home Office reference number (you’ll find it on letters sent from the Home Office)

 

If you have children in the UK, you should also provide:

  • their names and dates of birth
  • names of their parents or guardians, and who they live with
  • how much time they spend with you or your ex-partner
  • how much child maintenance or financial help you give each other
  • details of any family court case you’re involved in

 

You should also attach signed forms to the email:

  • public statement if you do not want the Home Office to tell your ex-partner any details from your email
  • consent form if you’re happy for the Home Office to tell your ex-partner details from your email

 

Consideration— Visa curtailment or cancellation

It is important to note that when a breakdown in a relationship occurs, any outstanding visa permission should be referred for cancellation as the marriage or partnership no longer exists. The immigration officer should at this point allow for a grace period to take the further step, either applying for another visa category or arranging departure unless you have a serious offence.

If there are compassionate grounds for not being able to leave the country within the fixed period,  the Home Office can be asked to exercise discretion, for example, when an individual is due to have essential hospital treatment in 60 days’ time and requires an additional period to recover before they can travel; or there is a reliable indication that the visa holder has been the victim of abuse or domestic violence at the hands of the UK spouse or partner. However, the policy guidance also states:

Cancellation may still be appropriate where there are compassionate or exceptional circumstances. It may be appropriate to expect an individual to apply to regularise their stay in another category more appropriate to their circumstances.

For example, where an individual is unable to leave the UK due to pregnancy, serious illness or a serious medical condition, they should make an application for permission to stay in another category or for leave outside the Immigration Rules to regularise their stay if, in view of their condition, it would be reasonable to expect them to be able to make such an application.

Your visa will normally be curtailed to 60 days unless:

  • You have less than 60 days of permission remaining
  • there are exceptional circumstances that mean it is appropriate to cancel permission with immediate effect

 

“Exceptional circumstances” which may justify immediate cancellation include either:

  • allegations that the UK settled sponsor has been the victim of domestic violence
  • the individual has a history of immigration abuse
  • other cases involving serious non-compliance or risk

 

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.


We remain open for business and can arrange meetings by phone call or video conferencing to advise and assist with any UK immigration matters.
Click here for further information regarding COVID-19