If you come to the UK on the basis of a partner visa then divorce can complicate things if you wish to apply for ILR. This is because in a situation where you are divorced, your UK-based partner would no longer be a sponsoring partner anymore and thus your visa as a dependent or spouse ends, which then compels you to leave the UK.
If you are in the UK on a spouse or dependent visa of a UK-based partner then you may lose your right to stay in the UK. This is because if you are applying for ILR on a spouse means you are a husband, wife, or civil partner of a UK-based partner or have been in a relationship that is like a marriage or civil partnership for at least 2 years. Other than this, you and your UK-based partner must have lived together since you last renewed your visa and you must intend to continue living together in a relationship after you apply.
If your marriage has ended because of domestic abuse, you may be able to apply for ILR on the basis of Domestic Abuse.
However, if you are on a visa that allows you to live and work in the UK independently, such as a skilled worker visa, your divorce will not impact your application for ILR. If you have lived in the UK for 10 years continuously before your marriage ended, you may be eligible to apply for ILR under the 10-year residency route.
You also need to meet the English language and pass the life in the UK test in addition to the residency requirement to be able to apply for ILR.
If you are in the UK on a UK spouse visa or UK partner visa when your marriage comes to an end as a result of divorce then your right to stay in the UK also ends and you may have to leave the UK.
However, you may apply for another visa if you wish to continue staying in the UK. Switching to a different type of visa has no consequences on your applying for ILR, but it may delay the process. This means that the time spent in the UK on a spouse or partner visa may not contribute towards the residence requirements for a different ILR visa route.
UK immigration law treats separation and divorce differently. Separation can mean that you are legally married but no longer living with your spouse while divorce means legal enclosure of marriage you’re your UK-based partner.
But when it comes to eligibility for ILR for those on a spouse or dependent visa, separation and divorce are treated equally. Both require visa holders to switch to another visa type if they wish to stay in the UK and later gain ILR.
You can do the following after your divorce:
1. Apply for ILR under the 10-year ILR route if you have already lived continuously in the UK for 10 years.
2. Switch to a different visa if have not lived for the 10-year route.
3. Wait until you meet the residency requirement is met and then apply for a new application.
4. Apply on the basis of a child you have in the UK;
5. Gathering evidence of your residency in the UK.
You can apply for Indefinite Leave To Remain (ILR) if your relationship ends due to domestic violence as soon as your relationship breaks down. You don’t need to extend your visa or wait until your visa expires. You must be able to prove that your relationship with your spouse resulted in a divorce because of domestic violence or abuse from your partner or your partner’s family. You can submit evidence of the abuse in the form of police reports, medical records, or court orders.
Should you wish to discuss your circumstances further, please call visa and migration ltd and you will be able to discuss the details with one of the lawyers.
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