Can my partner cancel my UK Spouse visa?

Can my wife cancel my UK Spouse Visa?

Your partner, civil partner, husband or wife cannot cancel your Spouse Visa. The Home Office decides to cancel your visa when warranted. However, a spouse can inform the Home Office of your separation, as can you. It is legally required to notify the Home Office of your separation if your visa is based on your relationship and to do so promptly. Failing to inform the Home Office of changes to your UK visa status can result in deportation. 

How long can I stay after my visa is cancelled?

You cannot stay in the UK once your visa has been cancelled. However, in many cases, a spouse visa cancellation does not have to signal the end of your stay in the UK. Unless you have breached the conditions of Spouse visas, you will be granted a period before your visa is formally cancelled, typically 60 days. If your visa is due to expire during this time, the Home Office will often let it run out. 

You may receive a cancellation letter (or curtailment letter) from the Home Office after you or your ex-partner has filed your change of circumstances. A cancellation or curtailment letter permits you to remain in the UK. The 60 days is allowed to explore your options, apply under a different visa category, or leave the country. Ensure the Home Office has your up-to-date address so that you receive this correspondence promptly. 

It is advisable to seek legal advice on your eligibility to retain, amend or extend your British visa. If your visa is based on your relationship, you may be able to stay for a limited period in the UK as a dependent on your partner’s visa.

Does the UK Spouse visa lapse if the marriage breaks down?

It is not always clear-cut when a relationship has broken down; therefore, a period of attempted reconciliation might be understandable. However, any separation documentation must be admitted to the Home Office at the earliest opportunity. 

Your Spouse Visa will not automatically lapse amid a marriage breakdown, but you must let the Home Office know of your separation in good time. It is usual that the Home Office has access to documentation showing your separation, so it is in your best interest to be upfront about any changes.

How do I inform the Home Office of a separation?

Either spouse can inform the Home Office of your intention to separate. You will be required to submit:

• A public statement if you do not want the Home Office to share details from your letter with your ex-partner or a Consent Form if you are happy for the details of the letter to be shared with your ex-partner
• A cover letter with your and your ex-partner details, including dates of birth, addresses, passport numbers, and Home Office reference numbers
• You must also provide details of your children if either partner has children in the UK.
• Any appropriate documentation, such as a divorce decree or separation agreement

Can the Home Office cancel my Spouse Visa?

If you no longer qualify for the Spouse visa, the Home Office may initiate the process of cancelling your visa. Your visa can be cancelled if:

• Your relationship with your sponsoring spouse has ended
• You have breached your visa conditions
• There has been fraudulent activity in association with your visa application

In some cases where you breach the conditions of your visa, the Home Office can cancel your visa with immediate effect. This includes if your UK sponsor has been the victim of domestic abuse or you have a history of immigration abuse. 

It may also apply if your sponsoring British spouse complains that the visa was not obtained under genuine circumstances. This could be deemed to be for immigration purposes alone and not based on an intention to permanently live their life together. The Home Office will investigate the claims and can revoke the visa, categorising you as an overstayer and enabling your removal from the UK. 

How will I know if the Home Office intends to cancel my visa?

The disclosure of your separation leads to a review of your visa status. The visa cancellation process will be outlined in writing by the Home Office, notifying you of the cancellation of your visa. You will then have the opportunity to provide evidence to support your continued stay in the UK. It is essential to act promptly to find a viable course of action. 

Do I have the right to appeal?

If the separation is reported by your spouse, you will have the right to file your case with the Home Office. At this stage, it is advisable to seek legal advice to explore options that allow you to continue your stay in the UK. You will be told so in your decision letter if you do not have the right to appeal. This might be based on a breach of your partner visa conditions. 

You usually have 28 days to appeal the decision, and you must appeal within this timeframe. If your appeal is received late, it is up to the tribunal if they still hear your case. It is best to appeal online rather than in writing for faster and more reliable processing and a timestamp. 

The process of your appeal is generally as follows:

• Submit your appeal
• Submit documents in support of your appeal
• Request a hearing
• A decision is made on your appeal

My Spouse Visa has been cancelled – What are my visa options?

You must find another avenue if you wish to remain in the UK after the cancellation of your Spouse Visa. Your options for visa applications could include:

Switch to another visa category

• Work Visa: If you have an eligible job or job offer in the UK, you may qualify for a Skilled Work visa.
• Student Visa: If you are studying or have enrolled in a course of study in the UK, you can apply for a student visa.
• Ancestry Visa: You might qualify for an Ancestry visa by having a UK grandparent
• Family Visa: You may be eligible to stay in the UK on a family visa if you have other family members in the UK.

Leave the UK

If there is no visa fit to allow you to remain in the UK, you must not overstay your visa and must leave the UK at the end of your visa term. If your visa is cancelled before you apply for a new visa, you could be categorised as an overstayer. It is essential to align your applications with the cancellation period, leaving enough time for your new visa to be approved within 60 days. 

Indefinite Leave to Remain (ILR)

You can apply for ILR if you have continuously and legally lived in the UK for 5 or 10 years with a visa. You may also be eligible for an ILR visa based on your private life. 

ILR is the most desirable option for eligible applicants. Proposed based on the time you have lived and worked in the UK (typically ten years), ILR is a step towards British citizenship. It permits the holder to live and work in the UK for as long as they like. Please note that your application will be withdrawn if you travel outside of the UK between your submission and the decision date.

ILR on the basis of private life

If you have lived and worked in the UK for a fixed period, you may be eligible to apply to settle in the UK via ILR if:

• You are over 18
• Were granted a visa on the basis of your private life 
• Have lived in the UK with a visa for ten or more continuous years

Applications for Indefinite Leave to Remain can factor in all visa types that enable eligibility. If you have spent time on other visas before your spouse visa, this can be included towards your 10-year continuous stay.

To apply for ILR, you will need to provide:

• Your current passport or document displaying your nationality and identity
• Your biometric residence permit (BSR)
• All passports you have held during your time in the UK
• Unique reference number showing proof of passing the Life in UK test if you are 18-65. 
• Certified translation of any documents not in English or Welsh.
• Additional documentation might be required or requested in your application.

Certain personal circumstances, such as being the victim of domestic violence, may allow you to apply for ILR with special provisions.

What if I have children in the UK?

You may be eligible to stay in the UK based on your parental responsibilities via the parent route if you have children in the UK. Your child may be able to remain as your dependent if:

• You are applying for ILR based on your private life
• They were born in the UK
• The child’s other parent must already have Leave to Remain or be a British citizen

Your child must not be married or living an independent life to be considered a dependent.

Obtain Legal Assistance

Our experienced and affordable immigration law experts help to break down the complexities of UK immigration laws, assisting you in determining your visa status and submitting an application to continue your stay in the UK.

Our experts plan the best possible immigration routes, determining your eligibility criteria and individual circumstances to make the process as simple as possible, putting you in the best possible legal position post-relationship breakdown. Call IAS on +44 (0)333 305 9375 or contact us online to find out how we can help.