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Can I sponsor another spouse after divorce UK?

Sponsoring another spouse after a divorce in the UK is a common consideration for those who have recently begun a new relationship and wish to live with their new partner in the UK. 

Our experienced and affordable immigration lawyers can help you determine your rights, eligibility, and options following divorce, helping you stay in the UK and continue your life with a new partner. Call IAS on +44 (0)333 305 9375 or contact us online today to explore the visa options available. 

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What happens to a Spouse Visa after a divorce?

The sponsoring spouse or Spouse Visa holder must notify the Home Office of a divorce or separation immediately. Undue delay might harm your immigration status and hurt your chances of applying for a different visa. 

When your stay in the UK depends on your ex-partner’s UK visa, you will have a 60-day cancellation period after disclosure to apply for another visa or leave the country before it is formally cancelled. Your visa will expire after your 60-day permission to stay has ended. However, a visa may be cancelled immediately in the event of a breach of visa conditions. 

How to update the Home Office after a separation

Your intention to separate should be submitted to the Home Office promptly following your filing. You are expected to notify the Home Office with the following:

  • A Public Statement when you wish for a private letter not to be shared with your ex-partner or a Consent Form when you consent to the details being shared with your ex-partner
  • A cover letter with your and your ex-partner’s details
  • Details of your children when either partner has children in the UK.
  • A divorce decree, separation agreement, or other appropriate documentation determining the end of your relationship.

What happens to my residency rights after a divorce?

In most cases, where your right to live in the UK is based solely on your ex-partner, you are not entitled to stay in the country after divorce. However, if you have lived in the UK for ten continuous years or more (on any visa), you may be eligible to apply for Indefinite Leave to Remain (ILR). ILR allows you to live and work in the UK indefinitely, paving the way for British citizenship.

Other visa options are available to continue your stay in the UK, such as another type of Family Visa based on another family member with ILR or British citizenship or a work visa, including a T2 Skilled Worker visa. 

Can I sponsor another spouse after the divorce?

Yes, you can sponsor another spouse after divorce. Your previous Spouse visa will be cancelled. You must tell the Home Office and then apply for a new visa for your new marriage or civil partnership. 

It is a regular practice for UKVI to scrutinise a new relationship further. Additional considerations are generally introduced upon a second application for a Spouse Visa. This is common when little time passes between your divorce and a new partner visa application. The time since the last divorce can affect the outcome of a visa application. 

If you were the sponsored spouse in a previous marriage and wish to sponsor a new spouse, you must be a British citizen or qualify for ILR. You are not excluded from an application based on the fact you have been a sponsored person in a previous relationship on a Spouse Visa. However, you must be able to sponsor your new partner at the time of application. This means you must have Indefinite Leave to Remain or be a British citizen. If you have been a victim of domestic violence in your relationship breakdown with your ex-partner, you may be eligible to apply for ILR with special conditions.

Contact our immigration experts to eliminate the guesswork and provide you with the most viable course of action to avoid visa overstays and violations after divorce. 

What are the UK Spouse visa requirements after divorce?

A significant factor in the Home Office issuing a Spouse Visa is based on the authenticity of a relationship. It is expected, therefore, that extensive documentation highlighting the relationship must be shared. A second partner visa application may be more intense. You will be asked to provide:

  • Photos at various events, including with family and friends
  • Logs of emails, messages, and calls
  • Joint financial commitments, including bank accounts, bills, and mortgage documentation 
  • Documentation of shared life events 
  • Proof of accommodation
  • Relevant documentation relating to children from a previous relationship 

Children from a previous relationship

If the sponsoring individual or the new spouse in the application has children from any previous relationship, new considerations are introduced. The Home Office must ensure the well-being of the children. Documentation, including custody agreements and financial support like child maintenance payments, might be required when taking the parent route to extend or apply for new UK visas.

Get expert legal assistance for your Spouse Visa application

Our experts help you navigate the immigration rules for you and your new spouse to live in the UK long-term. 

Finding the best options for your immigration circumstances, our team supports you through the entire visa application process. We discuss your rights, requirements and can submit detailed documentation on your behalf for a simple, painless visa application. 

We’ve helped thousands of people to achieve the immigration status they deserve. Call IAS on +44 (0)333 305 9375 or get in touch online to find out what we can do for you. 

We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

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Frequently Asked Questions

Any violations or overstays in your history are in breach of immigration rules and affect your immigration status. This can result in deportation or affect future visa applications. It is essential to make new visa arrangements with the Home Office if you wish to stay in the UK after divorce. 

It is not advised to apply for a new Spouse Visa with a different partner during the 60-day curtailment period. In part, this is because the Home Office can extend the timeframe for your new partner visa application from 28 days to 70 days at their discretion. The Home Office will also account for the reasons your previous visa was cancelled. If your ex-partner was subject to domestic violence, the Home Office can cancel your visa with immediate effect.

In most cases, the minimum income threshold of £29,000 a year must be met to sponsor a spouse. This amount is increased if dependent children are involved. 

You will need to ensure you have adequate accommodation arranged to support yourself, your new spouse, and any dependents. The sponsoring spouse must be able to show they can support their new spouse without reliance on public funds. 

In addition to proving the authenticity of your relationship and your eligibility and means to take care of your spouse and any dependents, the new spouse will need to meet basic Home Office requirements for their UK stay. They must meet the English language requirements unless exempt. This also means passing the English language test to B1 level. 

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