When your personal circumstances change, particularly in relation to the breakdown of a relationship, it can have significant implications on your immigration status. For individuals residing in the UK on a Spouse visa, a separation or divorce prior to obtaining ILR raises numerous important questions.

This blog will address these concerns and provide a clear overview of what ILR entails, the consequences of a separation or divorce for your current visa, and the alternative immigration options that may be available to you.

Understanding Indefinite Leave to Remain (ILR)

ILR is a form of permanent residency that allows an individual to live and work in the UK for as long as they like. It is also a key step towards applying for British citizenship.

Most individuals on a Spouse visa are eligible to apply for ILR after five years of continuous residence in the UK, provided they meet all other requirements, including demonstrating a continuing genuine relationship with their sponsoring partner, passing the Life in the UK test, and meeting the financial criteria.

What happens if the relationship breaks down before ILR?

If your marriage or partnership ends before you have secured ILR, your immigration status may be at risk. This is because your Spouse visa is based on your relationship with a British citizen or a person who is settled in the UK. Once that relationship no longer exists, the anchor of your visa is considered to have broken down.

There is a legal requirement to inform the Home Office if you and your spouse separate or divorce. After notification, the Home Office may begin the process of curtailing your visa. Typically, this involves reducing your visa’s validity period (usually to 60 days), during which you are expected to either apply for a different type of visa or make arrangements to leave the UK.

What are the alternative options?

Although the end of the relationship affects a Spouse visa, it does not automatically mean you must leave the UK. There may be other immigration routes available, dependent on your individual circumstances. These are broken down as follows:

• Parent of a British child or child settled in the UK

If you have children with your former partner, and the children are either British citizens or have lived in the UK for at least seven years, you may be eligible to remain in the UK as the parent of a British child. This is conditional upon demonstrating parental responsibility and involvement in the child’s upbringing. This route is based on the child’s best interests and can offer a path to settlement over time.

• Work or Study Visa

If you meet the eligibility requirements for a Skilled Worker visa, a Student visa, or other employment-based or academic routes, you may be able to switch into one of these categories from within the UK. This would involve securing a sponsor or place of study and meeting the relevant visa criteria.

In situations where a relationship has broken down due to domestic abuse, there is a specific route that allows eligible individuals to apply for ILR immediately.

What happens next?

If you are currently on a Spouse visa and your relationship has ended or is ending, it is vital to act without delay. You must inform the Home Office as required.

It is highly recommended to seek our professional immigration advice to consider which alternative immigration route may be available to you.

The end of a relationship can be both emotionally and logistically difficult. Nonethless, it is important to understand the legal avenues which may allow you to stay in the UK. All circumstances are unique; we regularly assist clients in navigating complex change in their immigration circumstances. We encourage you to seek timely, informed advice to explore your options and secure your future in the UK.

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, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

Updated: 5 May 2025

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 2025

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