Relationship Breakdown: Home Office Guidance Explained

A relationship breakdown involving a partner who holds immigration status in the UK can have significant implications for their visa. The Home Office requires visa holders to inform them of the breakdown, as failing to do so could result in penalties or enforcement actions.

For individuals whose status is linked to a partner’s sponsorship, the end of a relationship often means their right to remain in the UK may be affected. This is because there is no automatic right to remain in the UK for spouse visa holders, unmarried partner visa holders or civil partnership visa holders after their relationship has ended, and they are potentially facing the possibility of visa curtailment, where the visa is shortened or cancelled. In such cases, the individual may need to apply for a different visa to remain in the UK or prepare to leave the country.

It is essential to act promptly and seek legal advice to explore available options, such as applying for leave to remain on a different basis, like a parent visa, work visa, or claiming under human rights grounds.

 

Duty to notify of change of status

 

If your UK immigration status is reliant on your relationship to a British citizen or person with settled status, and this relationship comes to an end, you must inform the Home Office of your change in circumstances. You do this by completing either a public statement if you want the details to be kept confidential from your former partner, or a consent form allowing the Home Office to share the details of the notification with your ex-partner.

At this point, your leave as a dependant partner will be curtailed to 60 days, unless you have less than this on your visa in which case the Home Office will normally let your visa run its course. If you want to remain in the UK, you must take action to apply for leave to remain under a different category.

We look at some of the immigration options that may be available if you are looking to remain in the UK following the breakdown of a relationship.

 

Immigration options after relationship breakdown

 

Your options to remain in the UK after the end of you relationship will usually fall under one of the following:

 

• Limited Leave to Remain Based on Family Life: You may qualify as the parent of a British child or a child who is settled in the UK, or based on long residence. In such cases, the application is usually made under the family or private life route (Appendix FM or Appendix Private Life of the Immigration Rules).
• Limited Leave to Remain Based on Work: If you hold a work visa (such as a Skilled Worker Visa), your right to remain may continue independently of your relationship. Alternatively, you may qualify for a new work visa if you meet the eligibility criteria for sponsorship.
• Indefinite Leave to Remain (ILR): You may qualify for ILR if you have been in the UK lawfully for ten continuous years under the Long Residence Rule, or if you meet the criteria for settlement in another category.
• Leave to Remain for Victims of Domestic Abuse: Special provisions allow individuals on a partner visa to apply for indefinite leave to remain if they can provide evidence of domestic abuse during the relationship.

 

 

Remaining in the UK based on family life

 

If your relationship breaks down and you are the parent of a British child or settled child, and you have responsibilities and regular contact with your child after the break up, you might be able to enter or remain in the UK based on your relationship with your child.

To apply under this category your child will need to be under 18, living in the UK and be either British or hold Indefinite Leave to Remain.

For this application a parent will be considered as either of the following:

 

• The stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;
• The stepmother of a child whose mother is dead and the reference to stepmother includes a relationship arising through civil partnership;
• The father as well as the mother of an illegitimate child where he is proved to be the father;
• Genuine transfer of parental responsibility, in cases where the child is born in the UK but is not a British Citizen;
• An adoptive parent.

 

Applications under this category vary depending on the relationship with the child and require a number of supporting documents to evidence parental responsibility.

Establishing parental responsibility is a vital aspect of this application and it should be heavily documented. Another important aspect of this application is showing that you have adequate accommodation in the UK for yourself and your child.

If you are no longer in the UK, have separated from your partner and now live outside the UK, it is possible to apply from outside the UK. Even if your relationship has broken down, it is vital to remain involved in the child’s life and be able to show that you can financially support yourself and your child should you come to the UK.

 

Remaining in UK with a work visa

 

Often not considered as an alternative following the breakdown of a marriage or separation of civil partners, it may be more appropriate in the circumstances to apply to switch to a UK work visa.

The main UK route for workers is Skilled Worker visa, which allows a non-UK residents to work in a skilled role as a sponsored migrant for a UK company that holds a sponsor licence.

With a skilled worker visa, you can remain in the UK for up to 5 years, after which point you may become eligible for Indefinite Leave to Remain.

Other work visas may be open to you, depending on your circumstances. Taking advice will ensure you have considered all options.

 

Indefinite leave to remain in the UK

 

Depending on how long you have lived in the UK, you may be eligible to apply to settle with ILR . This is generally the preferred option for former partners since your status will independent of your ex-partner.

To qualify for ILR, you will need to meet the eligibility requirements, including five years continuous years’ lawful residence on a valid spouse visa, not surpassing the absence threshold during the qualifying period of residence, and passing the English language and Life in the UK tests.

A long residence application allows individuals who have held various visas to make an Indefinite Leave to Remain application after spending ten years in the UK. If you are looking to apply under this category, you will need to evidence how you have held valid visas over a ten-year period whilst in the UK. Applications will require a lot of organisation to prove the ten-year residency in the UK. You will also require supporting evidence for each visa held.

 

Victims of Domestic Abuse

 

Special provisions under UK immigration rules allow individuals on a partner visa to apply for indefinite leave to remain (ILR) if they have experienced domestic abuse during their relationship. This route ensures that victims of abuse are not forced to remain in an unsafe or harmful environment due to their immigration status being dependent on their partner. The Home Office assesses each application on its merits.

To qualify, the applicant must demonstrate that:

 

• They were in the UK on a partner visa as the spouse, civil partner, unmarried partner, or same-sex partner of a British citizen, someone settled in the UK, or someone with refugee status.
• The relationship broke down permanently due to domestic abuse.

 

Applications must include substantial evidence of the abuse, such as:

 

• Police reports or restraining orders.
• Medical reports detailing injuries or other health impacts.
• Letters from support organisations or charities.
• Statements from friends, family, or witnesses who can corroborate the claims.

 

Applicants do not need to prove financial independence, nor do they require the sponsorship of their former partner.

 

Remaining in UK under Retained Right of Residence

 

A Retained Right of Residence is a provision that allows certain non-EEA family members of EEA nationals to remain in the UK following the breakdown of their relationship, typically due to divorce or the death of the EEA national. These rights are primarily governed by the EU Settlement Scheme (EUSS) since Brexit, replacing much of the previous free movement framework. Eligibility is subject to specific conditions.

To qualify under the Retained Right of Residence, you must demonstrate you were married to the EEA national for at least three years before divorce proceedings commenced, and you both lived in the UK for at least one of those years, and that your EEA ex-spouse must have been exercising Treaty Rights in the UK during the marriage (e.g., as a worker, self-employed person, student, or self-sufficient individual with comprehensive health insurance).

Proving that Treaty Rights were exercised consistently can be challenging, especially if the EEA national had gaps in employment, extended absences, or informal work arrangements such as cash-in-hand payments.

Applications under this category are document-intensive and often require cooperation from the EEA national, which can be difficult in the context of a relationship breakdown. Essential documents include:

 

• Proof of the EEA national’s activities (e.g., payslips, P60s, bank statements, or tax returns if self-employed).
• Evidence of cohabitation, such as tenancy agreements, joint utility bills, or other correspondence showing a shared address.
• Documentation of your identity, marriage, and residence in the UK.

 

If your ex-spouse is unwilling to assist, you must make every effort to secure the necessary documentation. A detailed letter explaining the situation and providing any available information (e.g., locations and dates of their work or residence) can help. The Home Office may verify these details using HMRC records or other sources.

You must submit your application before your divorce is legally finalised. Applications made after the divorce is finalised will not be accepted. It is acceptable to apply while separated but still legally married.

Applications should also be submitted before your EEA ex-spouse leaves the UK, as their presence at the time of the application is typically required.

Failure to meet these timing requirements could result in your application being rejected.

The UK’s departure from the EU has introduced additional challenges. Most new applications for Retained Right of Residence are processed under the EU Settlement Scheme, and the deadline for this scheme has passed (30 June 2021), except in limited circumstances for late applications. If you are eligible to apply late, you must provide evidence explaining why the deadline was missed.

The situation is further complicated by the need to initiate divorce proceedings earlier than some applicants may prefer, often before they are emotionally ready or financially stable. Delays or misunderstandings about timing can jeopardise your ability to apply successfully.

If you are no longer eligible for Retained Right of Residence, you may explore alternative routes, such as applying for leave to remain as a parent of a British child, a work visa, or under human rights grounds.

 

Need assistance?

 

If you are separated and concerned about your future immigration status, there will be several visa routes to consider, depending on your personal circumstances.

We are specialist immigration solicitors, highly experienced in advising individuals on their immigration options and UKVI application processes.

We understand the stresses involved with Home Office applications, particularly as part of a relationship breakdown, and take great pride in playing a supportive role to ease the pressure.

If you have a question about your immigration options, please get in touch.

 

Relationship breakdown FAQs

 

What happens to my visa if my relationship breaks down?

If your visa is linked to your partner, such as a spouse or partner visa, you must inform the Home Office. Your visa may be curtailed, and you may need to explore alternative routes to remain in the UK.

 

Do I need to inform the Home Office about the breakdown?

Yes, it is your responsibility to notify the Home Office about the relationship breakdown. Failure to do so could lead to penalties or enforcement actions.

 

Can I stay in the UK after a relationship breakdown?

You may be able to apply for a new visa, such as a parent visa, work visa, or leave to remain under human rights grounds, depending on your circumstances.

 

What should I do if I have children?

If you have children, the Home Office will consider their best interests, including your role in their lives. This could support an application for leave to remain based on family ties.

 

How long do I have to apply for a new visa?

Once your visa is curtailed, the Home Office will specify a timeframe for you to either leave the UK or apply for a different visa. Acting promptly is essential.

 

Can I apply for indefinite leave to remain (ILR) if my relationship ends?

If you meet the eligibility requirements independently of your partner, such as long residence or other qualifying criteria, you may apply for ILR.

 

What documentation will I need?

You will need to provide evidence supporting your new application, such as proof of financial stability, ties to the UK, or the best interests of your children.

 

Can I work while applying for a new visa?

Your right to work depends on the conditions of your current visa and whether it remains valid during the transition period.

 

Glossary

 

Term	Definition
Partner Visa	A visa allowing individuals to reside in the UK based on their relationship with a British citizen, someone settled in the UK, or a person with refugee status.
Indefinite Leave to Remain (ILR)	A status granting individuals the right to live and work in the UK without time restrictions or immigration controls.
Domestic Abuse	Behaviour that is controlling, coercive, threatening, or violent, including physical, emotional, psychological, financial, or sexual abuse.
Immigration Rules	The legal framework governing who can enter and remain in the UK and under what conditions, including special provisions for victims of domestic abuse.
Evidence of Abuse	Documentation required to support an application, such as police reports, medical records, witness statements, or letters from support organisations.
Supporting Organisation	Charities, refuges, or other bodies providing assistance to victims of domestic abuse, often contributing evidence for immigration applications.
Public Funds	Government benefits and financial support that some visa holders may not usually access but are permitted under this route for domestic abuse victims.
Application Fee Waiver	A provision allowing victims of domestic abuse to apply for leave to remain without paying standard fees if they can demonstrate financial hardship.
Coercive Control	A form of domestic abuse involving patterns of controlling behaviour to dominate or manipulate a victim.
Settlement	Permanent residency status in the UK, achieved through ILR, allowing the holder to stay without immigration restrictions.
Refugee Status	Protection granted to individuals who cannot return to their home country due to a well-founded fear of persecution.
Police Report	Official documentation from law enforcement detailing incidents of domestic abuse, often used as evidence in immigration applications.
Medical Report	A document provided by healthcare professionals detailing injuries or psychological impacts resulting from domestic abuse.
Restraining Order	A legal order preventing an abuser from contacting or approaching the victim, often submitted as evidence.
Best Interests of the Applicant	A principle ensuring decisions prioritise the safety and well-being of the victim, especially in cases involving children.
Legal Representation	Professional legal assistance to prepare and submit applications, ensuring compliance with immigration rules and evidentiary requirements.
Application Decision	The outcome issued by the Home Office, determining whether the applicant qualifies for indefinite leave to remain.