Divorce or Marriage? How It Affects Your UK Immigration Status
Marriage and divorce are not only personal milestones but also legal turning points that can shape a migrant’s future in the UK. Many people secure their right to live in the UK through their relationship with a British citizen or a settled partner in the UK. But what happens if the marriage ends—or never takes place in the first place?
This article explores how marriage and divorce affect UK immigration status, the legal requirements to marry in the UK, the validity of marriages (UK and overseas), what happens if you divorce before or after Indefinite Leave to Remain (ILR), and the alternatives available if a marriage fails.
Legal Status Needed to Marry in the UK
To marry legally in the UK, both partners must meet immigration and legal requirements:
- Lawful status required:
Foreign nationals generally need a valid immigration status (e.g., a Student visa or work visa). Overstayers or those without legal status may face intervention from the Home Office.
- Marriage or Civil Partnership Visit Visa:
If a person is coming to the UK solely to marry or enter into a civil partnership, they may need this visa. While the majority of visas granted for a period of over six months allow a person to get married in the UK, a person would need a special marriage visitor visa to come and get married in the UK from abroad.
If such a person wants to stay in the UK and switch to a spouse visa, they must first apply for a fiancé/fiancée visa from abroad, which essentially mirrors most of the requirements for spouse visas.
- Home Office investigations:
Technically, UK immigration authorities do not require permission for someone to marry, but the Home Office can intervene if there is non-compliance with investigations under the Immigration Act 2014, which mandates the civil registrar to inform them of any couple giving notice to marry where one of the parties is a foreign national.
Under the s48-51 Immigration Act 2014, the Home Office can delay or prevent a marriage if it suspects it is a sham.
NB: While the Home Office cannot prevent a marriage unless it is deemed a sham, they do have the authority to detain individuals without legal status in the UK. The Home Office has been known to call in couples for marriage interviews and detain one party if they are found to be an overstayer. Therefore, if one of the parties does not have legal status, it is advisable to consult with an immigration solicitor for guidance and advice first.
- Status of the sponsor:
The status of the sponsor is essential; the UK-based partner needs to be a British citizen, an ILR holder, or someone under refugee or humanitarian protection to sponsor a spouse visa. It is also important for sponsors to meet certain financial requirements, including a minimum income threshold of £29,000 per year in most cases.
Validity of Marriage (UK and Overseas)
The validity of a marriage is crucial in determining whether it can support an immigration application.
Marriages in the UK: The validity of a marriage is essential in determining whether it can support an immigration application. Marriages conducted in the UK must adhere to civil law or recognized religious formalities to be considered valid. Therefore, religious ceremonies such as Nikkah are not legally recognised as legal marriages, and such parties must still register to marry legally with the registry office.
Marriages overseas: Marriages overseas are generally recognised in the UK if they meet the legal requirements of the country where they took place, a principle known as lex loci celebrationis. However, some marriages are easier to prove than others, such as proxy marriages, where neither party attends the marriage in person. These might raise suspicions of sham marriages, especially if the couple has a history of immigrant misrepresentation.
Sham marriages: Even if the marriage is formally valid, the Home Office may refuse or revoke a visa if it determines that the relationship is not genuine, having been conducted purely for immigration purposes and not based on love and affection for each other.
Impact of Divorce on Immigration Status
Divorce can have varying consequences for a migrant’s immigration status depending on whether they have already obtained ILR or are still on a spouse or partner visa.
Divorce Before ILR: If a spouse visa holder divorces before completing the required five-year period to qualify for ILR, their visa is typically curtailed. In this situation, the migrant must either apply under a different immigration category or leave the UK.
Exception for Victims of domestic violence: An exception exists for victims of domestic violence, who can apply for Indefinite Leave to Remain independently even if their marriage has ended before qualifying for the normal rules for spouse ILR, provided they can prove that they were a victim of domestic violence while holding a UK partner/spouse visa.
Divorce After ILR:Conversely, once ILR is granted, a migrant attains settled status. Divorce does not automatically invalidate ILR, which can only be revoked if it was obtained through deception or fraud. A person holding ILR can usually apply for British citizenship immediately after such a grant, provided they meet the residency and good character criteria.
A person holding ILR can usually apply for British citizenship immediately after such a grant, provided they meet the residency and good character criteria.
Alternatives if Marriage Fails Before ILR
If a marriage or partnership disintegrates before residency is secured, several immigration alternatives may remain available:
Work-based visas: Work-based visas, such as the Skilled Worker visa, are options for those employed by licensed UK sponsors. Entrepreneurs with approved business plans may apply for the Innovator Founder visa, while graduates from top global universities might qualify for the High Potential Individual visa.
Family-based routes: Additionally, family-based routes could be viable for certain migrants, including options for parents of British children or adult dependents in limited cases. E.g. if a couple separate but have a child, who would be British from the marriage, the mother or father can apply for leave to remain, under 10-Years Parent Route provided they continue playing an active role in the children’s life.
Other options: Other pathways include the UK Ancestry visa for Commonwealth nationals with a UK-born grandparent, as well as student visas or related study categories.
👉 Tip: In some cases, switching immigration categories as soon as the relationship starts to deteriorate can be wiser and more reliable than waiting for the visa to be curtailed with limited 60 days’ notice to find alternative visas or leave the country.
Key Takeaways
- You must have the right immigration status to marry in the UK, and your UK-based partner (sponsor) must usually be a British citizen, ILR holder, or refugee.
- The validity of the marriage depends on whether it meets the legal requirements of the country where it was celebrated.
- Divorce before ILR can put your right to stay at risk, unless another immigration route is available.
- Divorce after ILR has far fewer consequences, as settlement is not automatically revoked.
- If the marriage fails, several alternative immigration pathways may still allow you to remain in the UK.
Conclusion
Marriage can be a pathway to UK settlement, but it comes with responsibilities and legal scrutiny. Divorce—particularly before ILR—can disrupt immigration status, while divorce after ILR carries fewer risks.
The good news is that UK immigration law provides alternative routes through work, study, ancestry, or family ties. Understanding your options early is crucial for making informed decisions and minimising unnecessary disruptions to your life in the UK.
For those navigating these complex issues, consulting with a UK immigration solicitor is crucial to ensure that personal circumstances do not jeopardize immigration status. Whether considering a marriage, divorce, or seeking ILR, expert legal guidance is essential to making informed decisions.
FAQs on Marriage, Divorce, and UK Immigration
1. Can I stay in the UK if I divorce before getting ILR?
Not usually. If your visa is based on your relationship and you separate before you have been granted ILR, your visa may be curtailed. However, you may qualify for ILR if the marriage ended due to domestic violence, or you may be able to switch into another visa category.
2. What happens if I divorce after I already have ILR?
Divorce does not automatically cancel ILR. You will keep your settled status unless it is proven that your ILR was obtained by fraud or deception.
3. Is my overseas marriage valid for UK immigration purposes?
Yes, if it is legally valid in the country where it took place. However, the Home Office may investigate if it suspects the marriage is not genuine.
4. Do I need a visa to marry in the UK?
If you are a foreign national coming to the UK solely to marry, you may need a Marriage or Civil Partnership Visit Visa. If you are already living in the UK lawfully (e.g., on a student or work visa), you can usually marry without obtaining a special visa.
5. What immigration options do I have if my marriage fails?
You may switch into another category, such as a Skilled Worker visa, Innovator Founder visa, High Potential Individual visa, or apply based on family ties (e.g., as the parent of a British child).
6. Does my sponsor’s status matter when applying for a spouse visa?
Yes. The UK partner must usually be a British citizen, have ILR, or have refugee/humanitarian protection to sponsor a spouse visa. They must also meet financial and accommodation requirements.
You may contact us by filling out our Quick Enquiry form whenever you need professional support or have questions about your UK Immigration. Alternatively, you can call us during office hours on 07544669131 / 0116 3800 744
Cross Border Legal Solicitors Ltd is a UK Solicitor law firm regulated by under the Solicitor Regulations Authority. It is Headed by Mr Tito Mbariti, a UK Immigration and Human Rights Solicitor practising lawyer and member of the Law Society of England and Wales.