Divorce is a challenging and emotionally charged process, further complicated when immigration issues come into play. For British citizens undergoing divorce proceedings and who wish to sponsor their current partner’s visa, the landscape can seem daunting. This blog aims to clarify the key considerations and steps involved in this process.
The UK Immigration system allows British citizens to sponsor their partners for various types of visas, such as the Spouse/Civil Partner visa, Unmarried Partner visa, or Fiancé(e) visa. Each visa category has specific requirements, including evidence of a genuine relationship, financial criteria, and English language proficiency.
Where applying for a Fiancé(e)/Proposed Civil Partner visa, you must be intending to marry/enter into a civil partnership in the UK. After the ceremony has taken place, the applicant can then switch to a Spouse/Civil Partner visa.
If you are seeking to sponsor your new fiancé(e) or proposed civil partner, you will not be able to apply while you are still legally married to a person other than your current partner. This means you will need to wait until your divorce has been finalised and decree absolute is issued.
Genuine and subsisting relationship
One of the requirements of Partner visas (whether it be Spouse/Civil Partner Visa, Unmarried Partner Visa, or Fiancé(e) Visa), is that you are in a genuine and subsisting relationship at the time of application.
Any previous relationship of the applicant and their partner must have permanently broken down. While this does not necessarily mean that the divorce has been finalised, you would need to show that the prior relationship is irrevocably broken down.
While your current marital status and ongoing divorce proceedings do not automatically disqualify you from sponsoring a new unmarried partner, they do add complexity. The Home Office will scrutinise the genuineness of your new relationship and the stability of your circumstances more rigorously. It is essential to address the impact of your ongoing divorce on your new partner’s visa application candidly. Providing a clear narrative and supporting evidence can help mitigate any concerns the Home Office may have.
In the case of an unmarried partner, you will also need to meet the definition of a partner for the purposes of the application. You will need to have either been living together as a couple with your new partner for 2 years, or have been in a relationship for 2 years and show that you were unable to live together during that period. Although divorce proceedings take some time, the practical effect of this is that for many people, the divorce proceedings will have been finalised before the new partner qualifies for the Unmarried Partner visa, although there will be circumstances where the relationship has been ongoing, and the divorce is not finalised.
Sponsoring your current partner’s visa while undergoing divorce proceedings is undoubtedly challenging but not insurmountable. By understanding the requirements, gathering comprehensive evidence and working with an experienced legal team, you can make an application with high prospects of success.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2024