Divorce or separation on a spouse visa: what happens to my visa?

If you are in the UK on a spouse or partner visa, your permission to stay depends on your relationship. When the relationship ends, your visa does not disappear overnight. But it does mean you no longer meet the rules it was granted under, and you will need to think about what comes next.

This guide explains what happens to your visa, who tells the Home Office, and the main ways you may be able to stay.

Your visa after a separation

A spouse visa is granted because you are in a genuine relationship and plan to live together permanently. Once you separate, you no longer meet that requirement. You do not need to be divorced for this to apply. Separation alone is enough.

Your visa stays valid until one of two things happens. Either it reaches its expiry date, or the Home Office cancels it early. Cancelling a visa early used to be called curtailment, and many people still use that word.

You also cannot extend a spouse visa or apply for settlement as a partner once the relationship is over. If you want to stay, you will need a different route.

GOV.UK has a page on visas when you separate or divorce, which is worth reading alongside this guide.

Telling the Home Office

GOV.UK says you usually must tell the Home Office if you separate or divorce and your visa is based on your relationship. The same applies if your former partner's visa depends on you.

You can tell the Home Office online, or by post to the Status Review Unit in Liverpool. When you report by post, you can sign a consent form, which lets the Home Office share details with your former partner. Or you can sign a public statement if you do not want them told the details.

Your former partner, the sponsor, may also tell the Home Office. People often call this "withdrawing sponsorship". The sponsor cannot cancel your visa themselves. Only the Home Office can do that. Our guide can my ex cancel my visa? explains this in more detail.

If you get back together, you should update the Home Office too.

What the Home Office usually does

When the Home Office learns that a relationship has ended, its caseworkers must consider cancelling the visa. The decision is discretionary. That means it should not be automatic, and the caseworker should look at your circumstances.

If you have more than 60 days left on your visa, the Home Office will normally cut it down so that 60 days remain. You will get a written decision. The 60 days give you time to apply for another visa or make plans to leave.

The Home Office can cancel with immediate effect in some cases, for example where it thinks the marriage was not genuine. It can also leave you with longer than 60 days in exceptional situations, such as late pregnancy or serious illness.

The caseworker should also check whether there is any sign of domestic abuse. Tell the Home Office if there is.

Options that may let you stay

GOV.UK advises applying as soon as possible after the relationship breaks down. Do not wait until your visa expires. If you apply before your current permission ends, you can usually stay lawfully in the UK while your application is decided.

These are the main routes to look at.

Domestic abuse

If your relationship ended because of domestic abuse, you may be able to apply for settlement (Indefinite Leave to Remain) straight away. There is no five-year waiting period, and you do not need to pass the English language or Life in the UK tests for this route. There is also a separate concession that can give you three months' permission to stay and the right to apply for benefits while you prepare your application.

Abuse includes physical violence, and it also covers threats, controlling behaviour, and emotional or financial abuse. Our guide on settlement for victims of domestic abuse explains the rules and the evidence.

If you are in danger, call 999. If you cannot speak, press 55 when asked. The National Domestic Abuse Helpline is free and open 24 hours on 0808 2000 247.

Being a parent to a child in the UK

You may be able to apply as a parent if your child is under 18 and:

• is a British or Irish citizen
• is settled in the UK, for example with Indefinite Leave to Remain
• has lived in the UK for at least seven years, and it would not be reasonable to expect them to leave

You need parental responsibility, and you must show you play an active part in your child's upbringing. If your child lives with your former partner, you need direct contact with them, either agreed or set by a court order. If arrangements for the children are not settled, see our page on child arrangements. The parent route usually leads to settlement after five years. See the parent visa on GOV.UK.

Private life

The private life route is for people with long and strong ties to the UK. Adults usually qualify if they have lived here continuously for 20 years, or are aged 18 to 24 and have spent more than half their life here. You may also qualify if you would face very significant obstacles to building a life in the country you would have to return to. See the private life visa on GOV.UK.

Other visas

You may be able to switch to a different type of visa, such as a work visa, if you meet its rules. For example, a Skilled Worker visa needs a job offer from an employer with a sponsor licence and a set salary level. Some people have also lived in the UK long enough to apply for settlement on the long residence route, which usually needs ten years of lawful residence.

If none of these fit, and leaving the UK would breach your human rights, for example because of your family life here, there may still be an argument to make. This needs careful advice.

Timing

• Act early. Once the Home Office is told about the separation, the clock may start on a 60-day period.
• Apply before your permission ends, if you can. A late application can leave you without lawful status, which can affect future visas, work, and renting.
• Keep evidence of your time in the UK, your children's lives here, and anything that shows abuse.
• If you are also going through a divorce, the immigration and family law sides run on separate timetables. A divorce in England and Wales takes at least 26 weeks from start to final order. See our page on divorce.

If your application is refused, you may be able to challenge it. See spouse visa refused.

When to get advice

Get advice as soon as you know the relationship is ending, and ideally before anyone contacts the Home Office. This matters most if you have children here, have experienced abuse, or have little time left on your visa. We can help you look at your options and the evidence you need. You can book a call with us.