My relationship with British Partner has broken down – what are my options to remain in the UK with children?

The end of a relationship is a challenging experience, especially when you’re in the UK on a visa dependent on that relationship and have children involved. Understanding your visa options and taking the right steps can help ensure stability for you and your children. Here’s what you need to know about your options to remain in the UK following a relationship breakdown.

If you are in the UK on a family visa as the spouse or partner of a British citizen or settled person, your right to remain is usually dependent on your relationship. When the relationship ends, your visa status may be affected, and you will need to take action to remain in the UK. You are obligated to inform the Home Office because your visa is contingent on that relationship. Your partner can also make this notification. You’ll typically be given 60 days or the remaining duration of your visa (whichever is shorter) to apply for a different visa or leave the UK. This period allows you to consider your options and decide on the best course of action.

Options to Remain in the UK

1. Domestic Violence

If your relationship has broken down due to domestic violence, you might be eligible to apply for indefinite leave to remain (ILR) under the Domestic Violence Rule. This provision is designed to protect individuals who are victims of domestic abuse, allowing them to leave abusive relationships without fear of losing their immigration status.

2. Human Rights Application

Under Article 8 of the European Convention on Human Rights, you can apply for leave to remain in the UK based on your right to family life. This type of application considers the best interests of the child, including their need for stability and continuity in their upbringing. You will need to provide substantial evidence that it is in the best interests of your child for you to remain in the UK.

3. Long Residence Route

If you have been in the UK for a continuous period of 10 years lawfully, you may be eligible to apply for ILR under the long residence route. This option is not specific to the breakdown of a relationship but could be a viable alternative if you meet the residency requirement.

4. Skilled Worker Visa

If you qualify, you can apply for a Skilled Worker visa, which requires sponsorship by a registered UK employer for a role skilled to at least A-Level or equivalent and meeting minimum salary requirements. This option might be challenging within the short timeframe, unless you already work for a sponsoring employer.

5. Student Visa

If you plan to study in the UK and have an offer from a higher education institution, a student visa might be a viable option.

Practical Steps to Take

1. Seek Legal Advice: Immigration law is complex, and it is essential to get advice from a qualified immigration solicitor who can guide you based on your specific circumstances.
2. Gather Evidence: Collect evidence to support your application, such as proof of your relationship with your child, financial documents and any evidence of domestic violence if applicable.
3. Notify the Home Office: If your relationship has ended, you are required to inform the Home Office. You can then explore the appropriate visa options to regularise your status.

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, send us an e-mail, or, alternatively, 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.

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