In the UK, family visas like the dependent visa are granted on the basis of a qualifying familial relationship. If the circumstances of this relationship change, it may affect the validity of the visa, and could lead to its cancellation or require a change in the visa holder’s permission to remain in the country lawfully.
Looking specifically at dependant visas, this means that if the qualifying relationship comes to an end, such as through separation or divorce, this can affect the validity of the visa and the visa holder’s lawful status.
Dependent visa holders are required to inform the Home Office of any change in circumstances that could impact their immigration status, such as the end of a dependent relationship. However, in practice, it is sometimes the sponsoring partner who notifies the Home Office of the relationship breakdown and the change in circumstances.
This guide outlines the rules for cancelling a dependent visa in the UK, explaining the process and its implications for the visa holder.
Section A: Can You Cancel a UK Dependent Visa?
In the UK, only the Home Office has the authority to officially cancel a visa, including a dependent visa.
However, the Home Office must be informed of any change in circumstances that may affect a visa’s validity.
1. Visa Holder’s Obligation to Notify Home Office
Dependent visa holders in the UK are legally obligated to inform the Home Office of any changes in their circumstances that could affect their immigration status. This requirement is outlined in the UK’s immigration rules and policies.
Key changes that must be reported include:
a. Change of Address: Any relocation to a new residence.
b. Change in Personal Details: Updates to name, passport information or contact details.
c. Change in Relationship Status: Events such as separation, divorce, or the end of a partnership with the primary visa holder.
d. Criminal Convictions: Any new criminal convictions acquired while in the UK.
Failure to report these changes can lead to serious consequences, including the curtailment or cancellation of the visa, and may negatively impact future immigration applications.
A curtailed visa is one that has had its validity period shortened by the Home Office, meaning it will expire sooner than its original end date.
2. Common Reasons for Visa Cancellation
There are several situations in which cancelling a dependent visa might be required, such as:
a. Change in Personal Circumstances
If the relationship between the dependent and the primary visa holder changes significantly, such as through divorce or separation, the dependent may no longer meet the eligibility criteria for the family visa.
b. Departure from the UK
The primary visa holder or the dependent may decide to leave the UK permanently or for an extended period, making the visa redundant.
c. Loss of Sponsorship
If the sponsoring family member loses their legal status in the UK (e.g., their visa expires or is revoked), the dependent’s visa may also need to be cancelled or will become void.
d. Financial or Practical Constraints
Circumstances like financial difficulties or changing family dynamics may lead to the decision to cancel a dependent visa.
3. Can an Ex-Partner or Spouse Cancel their ex’s Dependent Visa?
If a relationship breakdown occurs, such as a divorce, separation or end of a civil partnership, the sponsoring spouse or partner may inform the Home Office, indicating that the dependent may no longer meet the eligibility criteria for a dependent visa.
This means that while a spouse or partner cannot directly cancel their ex-spouse’s or former partner’s dependent visa themselves, they can notify the Home Office of a change in circumstances that may impact the validity of the dependent visa.
The Home Office may then use this intelligence to review the case and decide if the visa should be cancelled or curtailed.
For the dependent, this notification can have significant consequences, potentially leading to the loss of their legal right to stay in the UK. After the Home Office reviews the situation, they may cancel or curtail the dependent visa, often requiring the former dependant to either leave the UK or seek an alternative visa if they wish to remain.
In such cases, it’s important for both parties to understand that notifying the Home Office about a change in relationship status is not the same as directly cancelling the visa. Only the Home Office can make the final decision on the visa’s validity, but prompt notification helps ensure that all involved are acting in compliance with UK immigration regulations.
Section B: Implications of Visa Cancellation
If a dependent visa holder no longer meets the visa criteria, it is a legal obligation to inform the Home Office. However, this will inevitably have an impact on the visa holder, affecting their legal status, employment, access to public services and future immigration options in the UK.
For complex cases, or if there is uncertainty about how the change affects the visa status, take professional advice to understand the options and next steps.
[insert table 3]1. Loss of Legal Right to Remain in the UK
Once a dependent visa is cancelled, the individual will lose the legal right to stay in the UK. The Home Office typically provides a notice period, during which the former dependent must either secure a new visa that aligns with their current circumstances or leave the country.
If they do not act within this period, they risk becoming an overstayer, which can lead to further complications, including future visa bans and legal action.
2. Impact on Employment and Right to Work
A cancelled visa means the individual no longer has the right to work in the UK. Continuing to work after visa cancellation is a breach of immigration law, which can lead to fines or penalties for both the visa holder and the employer.
Employers may require proof of ongoing visa status, and the visa holder will need to notify their employer of any changes in their immigration status.
If they wish to continue working, they must obtain a visa that grants work rights, such as a Skilled Worker Visa, if eligible.
3. Access to Public Services and Benefits
Dependent visa holders generally have limited access to public funds, but they may have been able to access services like healthcare through the NHS. With a cancelled visa, however, the right to access these services may end.
If the visa holder remains in the UK without valid status, they may be classified as an “illegal resident,” potentially losing access to basic services and becoming liable for private healthcare costs.
4. Housing and Financial Stability
Visa holders may also need to notify landlords of their change in status, as renting property in the UK without a valid visa is a breach of housing regulations. Landlords are legally required to ensure tenants have a right to reside in the UK by carrying out right to rent checks.
Financial implications can also arise if the individual is required to leave the UK or is unable to work while their visa status is in flux, which can disrupt income and overall stability.
5. Future Visa Applications and Immigration Record
The cancellation of a dependent visa becomes part of the visa holder’s immigration history, which can affect future visa applications. A clean immigration record is preferred for new applications, and any history of overstaying or non-compliance can complicate the approval of future visas.
If the dependent acted within the guidelines and followed all Home Office instructions, however, the impact on future applications should be minimal.
6. Options for Remaining in the UK
Following a visa cancellation, a former dependent may have options if they wish to remain in the UK legally. They may apply for a visa in their own right, such as a Skilled Worker Visa or a Student Visa (if planning to study), or on the basis of a different family relationship. Eligibility depends on individual circumstances, and they will need to meet specific criteria to secure a new visa.
7. Mental and Emotional Impact
Beyond the practical considerations, a visa cancellation can have emotional implications. A forced departure from the UK or uncertainty over immigration status can create significant stress for the individual, impacting their sense of stability, relationships and future plans.
Taking legal advice can help manage this transition and ensure the individual understands their options and next steps.
Section C: How to Notify the Home Office of a Change in Circumstances
The following is a step-by-step guide to notifying the Home Office of a change in circumstances for dependent visa holders:
Step 1: Gather Relevant Information and Documents
Collect all relevant information about the change in circumstances. This may include:
a. Passport details of the dependent visa holder
b. Details of the primary visa holder (e.g., spouse or partner)
c. Evidence of the change, such as a divorce certificate, separation agreement, or other supporting documents
If you are the primary visa holder or sponsor, you may also need to provide proof of your relationship’s change status.
Step 2: Complete the Change of Circumstances Form
Visit the UK government website and locate the “Migrant Change of Circumstances” form, specifically designed for notifying the Home Office of changes that may affect visa eligibility.
You can find this form on the official UK government site: https://www.gov.uk/change-circumstances-visa-brp.
Step 3: Fill Out the Form
Complete the form carefully, providing all requested details such as name, address, and personal information of the visa holder, the type of visa currently held and specifics of the change in circumstances (e.g., separation from spouse).
Provide a clear and concise explanation of the change, including relevant dates and any supporting evidence.
Step 4: Submit the Form Online
Submit the completed form online, attaching any necessary documentation to verify the change in circumstances. If additional documents are required, such as a scanned copy of the passport, ensure these are uploaded as well.
Step 5: Await Acknowledgment from the Home Office
Once submitted, the Home Office should send an acknowledgement of receipt by email, which will include a reference number for tracking and future correspondence.
Step 6: Comply with Further Requests from the Home Office
The Home Office may request additional information or documents. Respond promptly to avoid delays.
If the Home Office initiates further steps, such as a visa review or curtailment, they will notify the visa holder with details of what to expect and any required actions.
Step 7: Prepare for Possible Outcomes
Be aware that the Home Office may choose to curtail or cancel the visa based on the new circumstances. A limited amount of notice would usually be given to either apply for a different visa or leave the UK. This makes it important to have already secured legal advice on the options available before any decision on cancellation or curtailment is given.
Section D: Options to Remain in the UK after a Cancelled Dependent Visa
When a dependent visa is cancelled, it may still be possible to remain in the UK by applying for a different type of visa that aligns with the individual’s circumstances.
The following are some of the more common visa options that former dependent visa holders might consider. Note that each of these routes has specific requirements and conditions, so it is important to carefully review eligibility and consider seeking professional immigration advice to explore the best options in the circumstances.
1. Visas Based on Work
For former dependent visa holders with strong employment prospects, several work-based visa options may allow them to stay in the UK. One of the most popular choices is the Skilled Worker Visa, which is available to individuals who have a job offer from a UK employer approved by the Home Office. This visa is valid for up to five years, offers a path to settlement, and requires that applicants meet specific criteria, such as having a qualifying job offer at the appropriate skill level and meeting a minimum salary threshold. An employer must provide a Certificate of Sponsorship (CoS) to support the application.
Another work-based route is the Graduate Visa, designed for recent graduates from UK universities. This visa allows individuals to remain in the UK for two years (or three for doctoral graduates) to work or search for employment without needing employer sponsorship. It offers flexibility to gain UK work experience and can be a stepping stone to more permanent visa types, such as the Skilled Worker Visa if a qualifying job offer is secured during the visa period.
For those with an entrepreneurial background, the Innovator Founder Visa may be suitable, and provides a pathway to settlement for individuals building or running an innovative business in the UK.
2. Options Based on Family Relationships
Former dependent visa holders may also explore options based on their family relationships. One common route is the Family Visa for those who have children living in the UK. If the child is a British citizen, has settled status, or has lived in the UK for at least seven continuous years, the parent may be able to apply for a family visa to remain as a primary caregiver. Applicants must demonstrate that staying in the UK is in the best interest of the child, and they may need to meet certain financial and accommodation requirements. This visa offers stability and can eventually lead to settlement.
In cases where the former dependent enters a new relationship with a UK citizen or a person with settled status, they may apply for a Family Visa based on this new relationship. This visa category is available to spouses, partners, and civil partners, provided they meet requirements such as proving a genuine and subsisting relationship, satisfying financial requirements, and showing adequate accommodation arrangements. This visa allows the partner to stay in the UK with a path to eventual settlement.
Another option within the family category is to apply under Human Rights Grounds (Article 8) of the European Convention on Human Rights, which protects the right to family life. This route may be relevant if the former dependent has strong family ties in the UK, such as children, partners, or extended family, and if leaving the UK would cause significant hardship. Applications made under human rights grounds can be complex, so seeking legal advice is often recommended.
3. Options Based on Long Residence
For individuals who have lived legally in the UK for an extended period, the Long Residence (10-Year Route) offers a viable path to remain. Those who have maintained lawful residence in the UK for a continuous period of at least 10 years may be eligible for indefinite leave to remain (ILR) under this route.
Applicants must demonstrate continuous residence with only limited absences during the decade and meet the “good character” requirement, meaning they have complied with immigration laws and do not have any significant criminal history. This route allows individuals to secure settlement in the UK and potentially work towards British citizenship if desired.
Section E: Summary
Cancelling a dependent visa in the UK requires notifying the Home Office of any changes that affect the dependent’s eligibility, such as a relationship breakdown, including separation or divorce. Only the Home Office has the authority to officially cancel or curtail a visa, meaning neither the dependent nor the sponsor can cancel it directly. However, the sponsor or the dependent can report a change in circumstances, prompting the Home Office to review the visa’s validity.
If the dependent no longer meets the necessary requirements, the Home Office may cancel or shorten the visa, often giving a notice period to allow time for departure or to apply for a different visa.
Once a dependent visa is cancelled, the individual may face a loss of legal rights to stay, work, or access certain services in the UK.
Former dependents who wish to remain may explore alternative visa options.
Section F: Need Assistance?
For guidance on UK visa options, speak to our UK immigration experts.
Section G: FAQs
Can an ex-spouse or former partner cancel a dependent visa?
An ex-partner cannot directly cancel their former partner’s dependant visa in the UK, but they can notify the Home Office about the change in relationship status, which may affect the visa’s validity if it was based on their marriage or partnership. Once the Home Office is informed of changes in the relationship status, it can initiate a process that may lead to the visa’s review and potential cancellation.
What happens if I don’t notify the Home Office of a change in circumstances?
Failing to notify the Home Office of significant changes, such as a relationship breakdown, could lead to legal consequences, including potential visa curtailment without warning. Dependents who remain in the UK without valid immigration status may face penalties, future visa bans, or be considered overstayers.
How long does it take for the Home Office to process a visa cancellation?
Processing times can vary depending on the complexity of the case and the current workload of the Home Office. Typically, the Home Office will acknowledge receipt of the cancellation request within a few weeks, with final processing times potentially taking longer.
Do I need to leave the UK immediately if my visa is cancelled?
If the Home Office cancels or curtails your visa, they will usually provide a notice period, allowing time for you to leave the UK or apply for another visa. It’s essential to act within the given timeframe to avoid being considered an overstayer, which can carry serious penalties.
Are there any fees associated with cancelling a family visa?
The Home Office generally does not charge a direct fee for cancelling a family visa. However, if you seek legal advice or require professional immigration support, additional fees may apply. Travel or relocation costs may also be necessary if you need to leave the UK.
Can I apply for another visa after my dependent visa is cancelled?
It’s possible to apply for a different visa if your dependant visa is cancelled, provided you meet the eligibility criteria for the new visa type. Some individuals may transition to work, study, or other types of visas to remain in the UK, depending on their circumstances.
Do I have to inform my employer if my visa is cancelled?
If your visa is cancelled or your immigration status changes, you are legally required to inform your employer. Working without valid immigration status is illegal and can lead to penalties for both the employer and the visa holder. Notifying your employer is essential to remain compliant with immigration regulations.
Section H: Glossary
[Insert table glossary]Section I: Additional Resources
UK Visas and Immigration: Cancel Your Visa, Immigration or Citizenship Application
https://www.gov.uk/cancel-visa
Official guidance from the UK government on how to cancel (withdraw) a visa, immigration, or citizenship application, including information on refunds and the process involved.
UK Visas and Immigration: Visas When You Separate or Divorce
https://www.gov.uk/visas-when-you-separate-or-divorce
Guidance on the steps to take if you have a visa based on your relationship and you separate or divorce, including notifying the Home Office and potential implications for your visa status.
UK Visas and Immigration: Family Visas – Apply, Extend or Switch
https://www.gov.uk/uk-family-visa
Comprehensive information on family visas, including eligibility, application processes, and how to extend or switch your visa.
UK Visas and Immigration: Family Life and Exceptional Circumstances – Caseworker Guidance
https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance
Detailed guidance for caseworkers on assessing applications based on family life as a partner or parent, private life, and exceptional circumstances.
UK Visas and Immigration: Cancellation and Curtailment of Permission
https://www.gov.uk/government/publications/considering-immigration-status-and-deciding-enforcement-action/cancellation-and-curtailment-of-permission-accessible
Guidance on the circumstances under which the Home Office may cancel or curtail an individual’s permission to enter or stay in the UK, including legal basis and procedures.
Citizens Advice: Getting a Visa for Your Partner to Live in the UK
https://www.citizensadvice.org.uk/immigration/getting-visas-for-family-members/getting-a-visa-for-your-partner-to-live-in-the-uk/
Advice on the process of obtaining a visa for your partner to live in the UK, including eligibility criteria and application steps.
Immigration Law Practitioners’ Association (ILPA)
A professional association providing resources and information on immigration law, including guidance on family visas and related matters.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
