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Is it possible to stay separated from a husband under a UK spouse visa?

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Immigration Experts @visaliv
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Spoiler
UK Spouse Visa After Separation: Can You Stay?

No, unfortunately, it's not possible to stay in the UK under a spouse visa if you separate from your husband. The spouse visa is granted on the condition of a genuine subsisting relationship.

Here's what you need to know:

  • Obligation to Inform: You and your husband are both obligated to inform the Home Office if your relationship ends.
  • Visa Curtailment: Once informed, the Home Office will likely curtail your visa, meaning they'll shorten its validity. This typically gives you around 60 days to leave the UK or apply for a different visa status.

However, there might be alternative options depending on your situation:

  • Domestic Violence: If you experienced domestic violence from your husband, you might be eligible for a special concession to apply for indefinite leave to remain (ILR) even after separation.
  • Long Residence: If you've resided in the UK for a long period (depending on the category) and meet specific requirements, you might be eligible for ILR based on long residence.
  • Child of a British Citizen: If you have a child who is a British citizen, you might be eligible to apply for a visa based on your parental role.

It's crucial to seek professional advice from an immigration lawyer to explore your options based on your specific circumstances. They can guide you through the legalities and application processes.

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