Complicated situation with UK Spouse Visa

[drkfuture1]

Hi everyone,

I’m in a complicated situation regarding my UK Spouse Visa, and I could really use your insights or advice. Here’s the brief:

I entered the UK in 2023 on a Spouse Visa (Family Visa), which is valid until December 2025.
Unfortunately, my spouse and I got divorced recently, but neither of us has informed the Home Office about the separation.

My ex-spouse doesn’t want to withdraw my visa and is willing to reconcile and support renewing the visa if possible.

I have some important questions:

What could happen if the Home Office finds out we’re divorced, but neither of us notifies them? Could there be serious consequences for either of us?

If we reconcile, would we need to remarry for me to reapply for a Spouse Visa? Or is there another way to reinstate my visa?

Does anyone have experience or knowledge of a similar situation?
Any recommendations for immigration lawyers or advisors who’ve handled such cases?

I really want to resolve this situation without jeopardizing my current visa or future applications. Any real-life experiences, advice, or suggestions would be greatly appreciated!

Thank you in advance!

[CR001]

Members are not permitted to post names and details of immigration lawyers or advisors.

As you are no longer married, you no longer qualify for a spouse visa from rhe date of ypur divorce.

Why divorce if your ex had no intention to inform ukvi etc?

Do you have children who are British?

Renewing your visa will be a challenge as you are no longer married, ie relationship ended, which was the whole basis of you obtaining a spouse visa.

You seem to be implying that you would use deception for immigration purposes, ie in a relationship but not really as already divorced.

Does your ex intend to marry someone else and sponsor their spouse visa??

[secret.simon]

One way of looking at it is that your situation is not complicated at all. It is dead simple; your leave to remain in the UK, which is based on your marriage, will cease to be when either (a) your spouse informs the Home Office of the breakdown of your marriage and the Home Office issues a curtailment notice or (b) when your leave to remain expires in the normal course of time, because a renewal requires not just a marriage or "a relationship akin to marriage", but also that the marriage/relationship is "genuine and subsisting".

If you are legally divorced, by definition, there is no marriage.

If you are separated, but legally married, the marriage is not subsisting.

Even if your spouse does not disclose the divorce to the Home Office and allows you to reapply for another spousal visa and then ILR based on a marriage that has already ended in divorce before your ILR, your entire future in the UK will be based on deception, which will mean that your residence status on even ILR or British citizenship can be ended when that comes to light. That could effectively give your spouse a lifelong blackmail option over you.

Note that if they wish to sponsor another spouse from outside the UK, your spouse must show their divorce from you to the Home Office, as a person can only sponsor one spouse to the UK.

I presume, from the lack of mention of children, that there aren't any children from the marriage.

To answer your specific questions quickly,

What could happen if the Home Office finds out we’re divorced, but neither of us notifies them? Could there be serious consequences for either of us?

No consequence, other than the fact that your spouse can't sponsor another spouse to the UK unless the second marriage occurs after your spouse is divorced from you. In any case, you will have to disclose the end of the marriage when your visa renewal or ILR application comes up.

If we reconcile, would we need to remarry for me to reapply for a Spouse Visa? Or is there another way to reinstate my visa?

I think a remarriage would be necessary.

You may want to look at getting sponsored for a Skilled Worker visa while your current visa is still valid. You will need five years on the Skilled Worker visa in order to apply for ILR. The time you have already spent on the spousal visa won't count.

[drkfuture1]

Members are not permitted to post names and details of immigration lawyers or advisors.

As you are no longer married, you no longer qualify for a spouse visa from rhe date of ypur divorce.

Why divorce if your ex had no intention to inform ukvi etc?

Do you have children who are British?

Renewing your visa will be a challenge as you are no longer married, ie relationship ended, which was the whole basis of you obtaining a spouse visa.

You seem to be implying that you would use deception for immigration purposes, ie in a relationship but not really as already divorced.

Does your ex intend to marry someone else and sponsor their spouse visa??

My wife did it out of anger, impulsively and without considering the consequences, she now repents it. She actually didnt contact with her family lawyer any more and thought that its was turned to "separation"

Renewing will be a challenge, now the question is- what if we remarry?

I wouldnt deceive anyway, my spouse said, at that point, its she who sponsored me, so its she who decides if she wants me here or not. She told me that Home Office cant curtail visa without her consent. So I stepped back and did nothing (or rather confused).

Noway, she and I are in very very good terms, we both dont wanna marry anyone else, actually right at this time when I m writing this, she is beside me.. its was a misunderstanding, the heat of the moment act.

(I have options to get a skilled work sponsor from my workplace anytime, so staying is not an issue, I just wanna know if I can renew my current visa after remarrying or switch to another visa without any serious consequences).

[drkfuture1]

One way of looking at it is that your situation is not complicated at all. It is dead simple; your leave to remain in the UK, which is based on your marriage, will cease to be when either (a) your spouse informs the Home Office of the breakdown of your marriage and the Home Office issues a curtailment notice or (b) when your leave to remain expires in the normal course of time, because a renewal requires not just a marriage or "a relationship akin to marriage", but also that the marriage/relationship is "genuine and subsisting".

If you are legally divorced, by definition, there is no marriage.

If you are separated, but legally married, the marriage is not subsisting.

Even if your spouse does not disclose the divorce to the Home Office and allows you to reapply for another spousal visa and then ILR based on a marriage that has already ended in divorce before your ILR, your entire future in the UK will be based on deception, which will mean that your residence status on even ILR or British citizenship can be ended when that comes to light. That could effectively give your spouse a lifelong blackmail option over you.

Note that if they wish to sponsor another spouse from outside the UK, your spouse must show their divorce from you to the Home Office, as a person can only sponsor one spouse to the UK.

I presume, from the lack of mention of children, that there aren't any children from the marriage.

To answer your specific questions quickly,

What could happen if the Home Office finds out we’re divorced, but neither of us notifies them? Could there be serious consequences for either of us?

No consequence, other than the fact that your spouse can't sponsor another spouse to the UK unless the second marriage occurs after your spouse is divorced from you. In any case, you will have to disclose the end of the marriage when your visa renewal or ILR application comes up.

If we reconcile, would we need to remarry for me to reapply for a Spouse Visa? Or is there another way to reinstate my visa?

I think a remarriage would be necessary.

You may want to look at getting sponsored for a Skilled Worker visa while your current visa is still valid. You will need five years on the Skilled Worker visa in order to apply for ILR. The time you have already spent on the spousal visa won't count.

Thank u very much. Its her impulsive action which she repented, we dont have any children. When she applied for me, she had ILR but later she became British Citizen. We are trying to reconcile, I m just worried if the silence, not notifying them, will add to serious consequences or may lead to some serious visa complications etc. She even told her divorce lawyer not to contact home office anyway. I have options to switch to a skilled work visa (I already work as high skilled worker in a reputed place) but I just need to make sure if "NOT NOTIFYING THEM" will aggravate my new visa application or IF WE REMARRY and show documents of cohabitation. can I renew the existing visa.

Thanks in advance

[CR001]

A Skilled Worker visa as a single applicant has NO requirement for cohabitation documents.

[secret.simon]

I am tempted to suggest that you go for a Skilled Worker visa if your work organisation is willing to sponsor you for the next five years and then for the foreseeable future.

[drkfuture1]

I am tempted to suggest that you go for a Skilled Worker visa if your work organisation is willing to sponsor you for the next five years and then for the foreseeable future.

thanks but the problem is the issue was an unexpected and rash decision from her side, even our friends and family members don't know yet, but if I change the visa, everyone is gonna know for sure which sets me thinking! I dont wanna inform anyone what I went through, that may affect her as well when she meets my family members.

[drkfuture1]

A Skilled Worker visa as a single applicant has NO requirement for cohabitation documents.

I m talking about remarriage, if we do and show all the relevant evidence for cohabitation etc, is my current visa likely to be renewed?