Indefinite Leave to Remain for Spouses After Divorce or Separation: Your Options

A separation or divorce often raises uncertainty with regard to immigration status for those who were on a spouse visa while in the UK. Separating or divorcing may cause changes to your visa and the prospects of gaining Indefinite Leave to Remain when your relationship breaks down. This article will break down and give you complete clarity on the application process for an ILR for a spouse visa after divorce.

Understanding Your ILR Status After Divorce

The first thing that needs to be clarified is that having ILR​ will not be affected by a divorce or separation if you already hold ILR​. ILR​ is an immigration status in its own right, with the right of the holder to live, work, and stay in the UK without time restrictions and entirely irrespective of the relationship circumstances. Your situation is a little bit different in that you are to be on a spouse visa yet have not achieved ILR​.

ILR for Spouse Visa After Divorce

Your visa may depend on your relationship with a British citizen or a settled person in the UK. The end of that relationship can jeopardise your right to stay in the country. In these cases, there is separation or divorce, and you are required to report this change to the Home Office immediately. Failure to do so may have further implications towards your immigration status.

Under certain circumstances, after notifying the Home Office, you could be eligible to apply for a different visa or Ilr for a spouse visa after divorce. For example, in case your relationship has terminated due to domestic violence, you probably qualify to apply under a separate provision established specifically to safeguard vulnerable individuals​.

Options for Securing ILR for Independent Spouse After Separation

Domestic Violence Concessions: If the cause of your divorce is based on grounds of domestic violence, you will be eligible to apply under special provisions of ILR. You will be required to furnish police reports, restraining orders, or any other paperwork. The Home Office takes those claims seriously and grants the ILR for an independent spouse after separation on the grounds of your former spouse, without the need for their appearance or support during the process.

Parent of a British Child: If you are separated from your former spouse but still have a child with your former spouse who is either a British citizen or is resident here with an indefinite leave to remain, then you can apply for ILR on the basis of your parental relationship. You should demonstrate that your child resides in the UK and that if your application to stay is refused, it will cause undue harm to your child's welfare. This route is an alternative to the spouse visa.

Long Residence: This is available for those who have been resident in the UK for more than 10 years. One might be eligible to apply for ILR under a long residence. This route is relationship status independent and is determined by proof of continuous residence.

Change of Visa: A person who would not qualify directly for ILR may be eligible to switch to another visa category. This could be a work visa or a private life visa, for example, based on long residence in the UK. Each one of them has its requirements, so you need to confirm whether you meet any of those requirements before proceeding with the application.

ILR Application Through Divorce

In the case of ILR for a spouse visa after divorce or separation, you will be obliged to submit an application showing that you qualify under one of the available routes. Proof of your financial, residence, and citizenship about your child might be required. The processing of the ILR applications is not defined, but the decision takes six months on average.

Ensure that you have full and proper documentation to avoid further delay. You will also be able to demonstrate that you stopped living together with your ex-spouse and that you are still qualified to secure ILR after separation from a UK spouse visa.

Get Professional Assistance

While divorce or separation may impact your immigration status, there are several avenues through which you can secure ILR after separation from a UK spouse visa. Whatever your reason for making an application based on domestic violence, parenthood, or long residence, they all require a degree of understanding of the rights and processes to which you may be entitled. A Y & J Solicitors have years of experience helping individuals take the opportunity to make such applications and achieve ILR after being divorced on a spouse visa. Their team of professionals stands ready to walk you through the very challenging legal requirements and help you get good results from your ILR application.

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