Immigration – Consequences of Divorce

Generally speaking, once an individual is granted permission to enter or remain in the UK as the spouse of a person present and settled in the UK, if the marriage ends in divorce, prior to the individual being granted leave to remain, then the individual will either need to leave the UK, or make an application to remain in the UK in another category.

There can be various options available when making such applications in this situation, including the following 'grounds':

• As a parent exercising rights of contact/access in relation to a child.
• As a parent of a child at school.
• As a victim of domestic violence.
• As a migrant within Tier 1 of the Points Based System (Highly Skilled Migrant, Entrepreneur, Investor, post study worker etc.)

Such applications may be made from either within the UK or outside, depending upon the circumstances.

It is extremely important to obtain specialist advice at the earliest opportunity in order to consider all options available.

Please contact Sohan Sidhu, Immigration Partner, who would be delighted to provide immigration advice to those worried about their immigration status following divorce.

Please contact Elizabeth Hodder or Julie McDonald for advice on divorce and other family law matters.

We regularly act for clients who live abroad but whose divorce proceedings are conducted in England and Wales.

Initial assessment via Webcam

Elizabeth Hodder and Julie McDonald can conduct initial assessment meetings via webcam on Skype, if your PC is compatible [typically 9:00 to 17:30 UK time].