Immigration Corner | Remaining in the UK when the visa is based on a relationship that has broken down

Dear Mr Bassie,

I would like to know if there is anything that can be done if my visa is based on my relationship. The relationship broke down and I would like to stay in the United Kingdom (UK). I need some advice urgently.

MV

Dear MV,

Persons must tell the Home Office when they divorce or separate from their partner if the visa is based on their relationship. They must then either apply to stay in the UK or leave.

Please be aware that persons’ visas are based on their relationship if they have permission to stay in the UK for a limited time as a dependent on their partner’s UK visa, or as a spouse or partner on a family visa. The visa may also be based on their relationship if they have a family permit.

The same rules apply if their ex-partner’s visa is based on their relationship, for example, they are the dependent or they are their ‘sponsor’.

INFORMING THE HOME OFFICE

Persons should send an email to the Home Office to tell them that the relationship has ended.

The email must include both the applicant and the ex-partner’s:

• Name;

• Date of birth;

• Address;

• Passport number;

• Home Office reference number. (Applicant’s will find this on letters sent from the Home Office.)

If persons or their ex-partner have children in the UK, they must also include:

• Their names and dates of birth;

• Names of their parents or guardians, and who they are living with;

• How much time they spend with applicant or the ex-partner;

• How much child maintenance or financial help is given to each other;

• Details of any Family Court cases persons are involved in.

FORMS TO BE ATTACHED TO THE EMAIL

The following forms should be printed, signed, scanned and attached to the above-mentioned email:

• Public statement, if they do not want the Home Office to tell their ex-partner any details from their email;

• Consent form, if they are happy for the Home Office to tell their ex-partner details from the email.

Please note that both forms give the Home Office permission to contact their ex-partner at the address given.

The email should be sent to RelationshipBreakdown@homeoffice.gov.uk and should include ‘MARRIAGE BREAKDOWN’ in the subject line. Please note that persons who do not have access to email, can post a letter with their signed form to:

UK Visas and Immigration

MARRIAGE BREAKDOWN

Status Review Unit

7th Floor

The Capital

New Hall Place

Liverpool

L3 9PP

APPLYING TO STAY IN THE UNITED KINGDOM

Persons with visas based on relationships that have ended must apply if they would like to stay in the UK. Those persons should apply as soon as possible after the relationship breaks down. They should not wait until their current visa expires.

HOW TO APPLY TO STAY IN THE UNITED KINGDOM

Persons may be able to apply for a new visa, for example:

• A work visa;

• As a parent of a child who’s British, settled in the UK or has lived in the UK for at least seven years;

• Based on their private life in the UK, for example, they have lived in the UK for a long time;

• Another type of visa.

Alternatively, persons may be able to apply to settle in the UK (known as ‘indefinite leave to remain’). They should check if they can settle in the UK:

• If their relationship has broken down because of domestic violence or abuse;

• Another way – for example, they have lived in the UK for 10 years (long residence).

Please note that obtaining indefinite leave to remain means persons can live, work, study or claim benefits in the UK without time restrictions. They may also be able to use it to become a British citizen, if they are eligible.

All the best.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com