Legal Pathways to Remain in the UK with Your Children After Separation
The breakdown of a relationship is an emotionally challenging time, and when compounded with concerns about your immigration status and the future of your children in the UK, it can be even more overwhelming. At Axis Solicitors, we understand the complexities you face, and we are here to guide you through your options to remain in the UK with your children.
If your UK residency is based on a family visa linked to your spouse or partner, the end of that relationship can have serious implications for your immigration status. Meaning that your right to remain in the country was likely dependent on your relationship with your British partner. A breakdown of this relationship can impact your visa, but there are pathways available to ensure that you and your children are protected.
Current Immigration Status – Is Your Spouse Visa Ending?
If you entered the UK on a Spouse Visa and then separated or divorce your sponsoring spouse, your immigration status will be affected. You do not have an automatic right to stay in the UK. You will need to inform the Home Office about the change in your relationship and explore alternative immigration options to remain in the UK legally. It is your legal obligation to notify the Home Office about the breakdown of your relationship, and your partner also has the right to do so.
Once the Home Office is informed, you will generally be given 60 days, or the remaining time on your current visa (whichever is shorter), to either apply for a different type of visa or make arrangements to leave the UK. This period is designed to allow you to assess your options and take the necessary steps to regularise your immigration status.
During this time it is strongly recommended to seek guidance from an experienced solicitor to understand your specific situation and explore any avenues that may be available in your specific situation.
Potential Routes to Remain in the UK
1. Domestic Violence
If your relationship has ended due to domestic abuse, you may be eligible to apply for Indefinite Leave to Remain (ILR) under the Domestic Violence Provision. This rule protects individuals who have been victims of domestic violence, enabling them to leave abusive relationships without fear of jeopardising their immigration status.
Eligibility: Victims of domestic violence in their relationship
Outcome: Potential indefinite leave to remain (ILR)
Consideration: Designed to protect individuals from losing immigration status when leaving abusive relationships
2. Application Based on Human Rights
Under Article 8 of the European Convention on Human Rights, you have the right to apply for leave to remain in the UK based on your right to respect for family life. This type of application prioritises the best interests of any children involved, including their need for stability and continuity in their upbringing. You will need to provide strong evidence that it is in your child’s best interests for you to stay in the UK.
Basis: Article 8 of the European Convention on Human Rights (right to family life)
Focus: Best interests of any children involved
Requirements: Substantial evidence demonstrating why remaining in the UK is in the child’s best interests
3. Long Residence Provision
If you have lawfully resided in the UK for a continuous period of 10 years, you may be eligible to apply for ILR under the Long Residence Provision. While not specifically related to relationship breakdown, this could be a viable option if you meet the residency requirement.
Eligibility: 10 years of continuous lawful residence in the UK
Outcome: Potential ILR
Consideration: Not specific to relationship breakdown but may be applicable.
4. Skilled Worker Visa
If you have the required qualifications, you can apply for a Skilled Worker visa. This requires sponsorship from a Home Office-approved UK employer for a role that is skilled to at least Regulated Qualifications Framework (RQF) level 3 or equivalent and meets the minimum salary thresholds. Obtaining this visa soon after a relationship breakdown may be difficult unless you are already working for a sponsoring employer.
Requirements:
- Sponsorship by a registered UK employer
- Job skilled to at least A-Level or equivalent
- Meeting minimum salary thresholds
Consideration: May be difficult to secure within the short timeframe unless already employed by a sponsor
5. Student Visa
If you plan to undertake further studies in the UK and have received an unconditional offer from an approved education provider, a student visa could be a suitable route.
Eligibility: Offer from a UK higher education institution.
Requirements: Meeting the financial and language requirements.
Consideration: This route remains a viable option for those who wish to continue their studies in the UK.
6. Applying for a Business Visa
If you have entrepreneurial ambitions and wish to remain in the UK, applying for a business visa might be a viable option. The Innovator Founder Visa is designed for individuals looking to establish an innovative business in the UK. This visa is particularly suitable if you have a viable, scalable, and innovative business idea that is endorsed by an approved body.
Eligibility: Secure endorsement from a recognised endorsing body.
Requirements: Have sufficient funds to support yourself and your business in the UK.
Outcome: Over time, this visa could lead to settlement in the UK, offering long-term stability.
Consideration: This visa necessitates a viable, scalable, and innovative business idea that is then endorsed by an approved body.
Each one of these options has their own set of strict eligibility criteria and evidential requirements, and for most individuals an experienced immigration solicitor is needed to provide effective guidance and increase the likelihood of a successful visa application.
What to Do Next
Consult a Solicitor
Immigration law in the UK is changing at a fast pace. It is vital to obtain guidance from a qualified immigration solicitor. Because, they are able to provide advice based on your unique situation and ensure that your application is well prepared.
Seek guidance from an immigration solicitor who can:
- Assess your unique situation
- Explain your rights and options
- Advise on the most suitable course of action
Compile Supporting Evidence
Gather all documentation that strengthens your case. This includes evidence of your relationship with your child (birth certificates, shared tenancy agreements, etc.), financial records demonstrating your ability to support yourself and your child, and any evidence of domestic abuse if relevant.
A robust portfolio of relevant evidence may include the following documentation to support your case:
- Proof of your relationship with your child (e.g., birth certificate, school records)
- Financial documents (e.g., bank statements, payslips)
- Evidence of domestic abuse, if relevant (e.g., police reports, medical records)
Inform the Home Office
If your relationship has ended, you have a legal obligation to notify the Home Office promptly. You can then discuss appropriate visa options to secure your residency status in the UK.
Inform the Home Office about changes in your circumstances:
- Notify them promptly about your relationship status
- Explore alternative visa options to regularise your stay
- Submit any necessary applications or appeals within specified deadlines
The Role of Family Law
In cases where there is a dispute over parental responsibility or child arrangements following a relationship breakdown, it may be necessary to seek resolution through the family courts. Our experienced family law solicitors can assist you in negotiating child arrangements, seeking court orders for parental responsibility, and ensuring that your child’s best interests are protected throughout the legal process.
How Axis Solicitors Can Help
If your relationship with your British partner has broken down and you are concerned about your options to remain in the UK with your children, contact Axis Solicitors for a confidential and a free initial assessment. We are here to help you secure your future and protect your children’s well-being. Our team of experienced Immigration Solicitors, Family Law Solicitors and Spouse Visa Solicitors have the experience needed to provide legal advice and support throughout the process.
We Can:
- Assess your eligibility for different visa routes.
- Prepare and submit your visa application.
- Represent you in court proceedings related to child arrangements.
- Guide and assist you in collecting documentation and create a convincing portfolio of evidence to support your application.
At Axis Solicitors, we are always ready to help you secure your future and protect your children’s well-being.
