The Government of the United Kingdom (UK) has unveiled new changes to the UK spouse visas.
According to the new changes, individuals dependent on UK spouse visas are now required to return to their home country if they divorce their sponsor.
Breakdown of the new policy revealed that when a marriage or civil partnership breaks down, both the visa holder and their UK sponsor must inform the Home Office immediately.
Failure to report the change can lead to visa curtailment or complications with future applications.
Both the visa sponsor and holder are required to provide the Home Office with full details, including names, dates of birth, addresses, passport numbers, and any reference numbers.
Upon notification, the Home Office may curtail your spouse visa, reducing its validity to a 60-day grace period.
This period allows the individual, depending on the UK spouse visa, to apply for a new visa or make arrangements to leave the UK.
However, if the visa of the affected individual has less than 60 days remaining, the original expiry date applies, or in exceptional cases, such as domestic abuse, a longer curtailment period may be granted.
Below are some of the other visa options a dependant can apply for after divorce;
Parent Visa: If the affected individual has a British child or a child who has lived in the UK for at least seven years, such a person is eligible to apply for a Family Visa as a parent. The person must demonstrate an active role in the child’s life.
Indefinite Leave to Remain (ILR): If the affected individual has lived in the UK for five years with lawful status, he/she may be eligible for ILR, which grants permanent residency without reliance on their former spouse.
Work Visa: A Skilled Worker visa is also an option if the employer of the affected person is willing to sponsor the visa. This requires meeting specific skill, salary, and language criteria.
Private Life Route: If the affected person has lived in the UK for a significant period (e.g., 20 years for those over 25 or half their life if aged 18–24), he/she may qualify for this visa category.
EU Settlement Scheme (EUSS): If the affected person has a “retained right of residence” (e.g., your marriage lasted at least three years with one year in the UK), he/she may apply under the EUSS.
