Divorce and immigration
Many people think that marriage and Immigration is complicated. After all, you have to jump through hoops to get a fiancée visa or spouse visa. However, top London immigration solicitors say that divorce and Immigration is just as complex.
Most of us assume that if we separate from a husband or wife our priorities, after sorting out child custody is to get divorced and agree a financial settlement. The best London immigration solicitors say that your Immigration status after a separation or divorce also needs to be at the top of the list. That is because whether you can stay in the UK after your divorce will have a massive impact on your children’s lives as well as potentially having a major effect on the sort of financial settlement you need to achieve as part of the divorce.
How can OTS Solicitors help?
OTS Solicitors are Legal 500 recommended Immigration solicitors who featured in the BBC 2 series “Who should get to stay in the UK?”.
If you are planning to separate or divorce then you should take legal advice on how your Immigration status will be effected by your separation or divorce.
If you are worried about how your Immigration status may be affected by your separation or divorce or have a question about your visa options, please call us on 0203 959 9123 to arrange an appointment to speak to our experienced London Immigration and family law solicitors.
divorce and Immigration status
You may think that the status of your relationship is an entirely private affair. After all, if you are separating or getting divorced most of us would agree that it is a private matter between husband and wife.
However, the top London immigration solicitors say that when it comes to marriage and Immigration, it can feel as if there are three of you in the marriage; husband, wife and UK Visas and Immigration. That is because, in some cases, a person’s Immigration status is reliant on their relationship so the Home Office need to be informed if there are any changes in relationship status.
The best London immigration solicitors see many separating or divorced spouses who are seeking advice on their Immigration status after the decision to separate or start divorce proceedings has already taken place. Whilst the husband and wife may have had excellent child custody law advice and the divorce process fully explained to them, all too often, a husband or wife is not aware of the full extent of how their divorce or separation can affect their Immigration status and their right to stay in the UK.
Leaving a husband or wife is traumatic enough. That is why the top London immigration solicitors are urging those who are not British citizens to take legal advice on their Immigration status after a separation or divorce before they take the decision to go their separate ways.
The best London immigration solicitors are realistic enough to know that not everyone in a relationship has the luxury of being able to take Immigration law advice before they separate. In some cases, for example where there has been domestic violence, the priority is to get out of the abusive relationship. In other cases, a spouse may have announced their departure by moving out and sending divorce proceedings through the post.
Whether you are thinking of a separation or are already in the process of divorce proceedings the key message from top London immigration solicitors is to take Immigration advice on:
• Whether you need to tell the Home Office about the change in your relationship status, and if so, when;
• How your Immigration status will be affected by your separation or divorce and the timing of it;
• Your Immigration options if you will lose your Immigration status because of your separation or divorce;
• The implications for your children if you lose your Immigration status because of your separation or divorce.
divorce and the effect on Immigration status
If you are in the UK on a relationship visa then if your relationship ends in separation or divorce, your relationship visa will no longer be valid and you will lose the right to live in the UK, unless you pursue alternative visa options.
Early Immigration legal advice is recommended to reduce the stress and anxiety of worrying about the relationship breakdown as well as your Immigration status.
Post-divorce Immigration status options
The top London immigration solicitors say that there are a number of ways to stay in the UK after a separation or divorce and the most common place are:
• Applying for British Citizenship;
• Applying for Indefinite Leave to Remain;
• Applying for Indefinite Leave to Remain if the relationship breakdown was due to domestic violence;
• Securing a family visa. This may be a good option if you have a child in the UK who is under the age of eighteen and who has permission to stay in the UK;
• Securing a work or study visa. If you are already employed, then depending on the nature of your Employment your current employer might be able to sponsor you to get a Tier 2 (General) Visa.
top London immigration solicitors will look at all the visa options carefully. Some, such as applying for Indefinite Leave to Remain or applying for British Citizenship require residence in the UK for a specified period prior to the relationship breakdown. That is one reason why it is important to take Immigration legal advice before you take the decision to separate or divorce.
There are other “out of the box” Immigration solutions for some people, such as applying for an Investor Visa if you or your family have sufficient wealth or applying for a Start-up Visa if you are an entrepreneur and have a sound business idea and plan.
divorce, Immigration and Brexit
In the event that the UK leaves the EU and the free movement of EU citizens ends then, the best London immigration solicitors anticipate that, in time, many more none UK citizens married to UK spouses will be subject to Immigration control. They will therefore face the same Immigration issues currently experienced by non-EEA citizens who are separating or divorcing their UK spouses.
If you are an EU citizen living in the UK who is separated or divorced from your partner or if you are contemplating starting divorce proceedings, it is important to get Immigration legal advice on your eligibility to apply for pre Settled Status or Settled Status under the EU Settlement Scheme.
How can OTS Solicitors help?
Recognising that there is a real need for joined up Immigration law, divorce and family law advice OTS Solicitors provide a package of specialist Immigration and international family law advice on:
• UK divorce and Immigration status;
• International child law, child abduction and moving abroad with children after a UK separation or divorce;
• Financial settlements after an overseas divorce.
If you are planning to separate or divorce, then you should take legal advice on how your Immigration status will be affected by your separation or divorce.