My relationship has ended, can I switch from a UK Partner visa to the UK Parent Route?

If you came to the UK on a UK Partner or Spouse visa and that relationship has broken down, you no longer meet the conditions of your visa, and your ex-partner can no longer sponsor you. If you have a child together in the UK, you may be able to switch to stay in the UK as their parent, this is called the Parent route.

What happens to your UK spouse visa if you separate from your partner?

If you are in the UK on a UK Spouse or Partner visa and your relationship has broken down or you separate, you will need to inform the Home Office.  This will trigger an event that cuts your visa short, and you will be subject to a visa curtailment. 

That is because the basis for your leave relies on your ‘genuine and subsisting’ relationship with your UK partner. If the relationship ends, you no longer satisfy this requirement. According to UK law, you will no longer be eligible to stay in the UK on this visa. If you want to stay in the UK, you will have to find alternative visa options. 

If your relationship breaks down your partner can also report this to the Home Office so we recommend getting legal advice as soon as possible so you can be guided through this difficult situation towards the best possible outcome. 

Can I apply to switch from a UK Partner or Spouse visa to the Parent route?

Yes, if you have a child in the UK then you may be able to apply to stay in the UK as the parent of a British or settled child living in the UK. You do this by switching from a UK Partner visa to a UK Parent visa. It is important to note that you must not be eligible to apply for leave to remain as a partner to make an application as a parent.  

To do so, your child must meet certain requirements: 

• They must be under 18 years old
• They must reside in the UK 
• They must have either British citizenship, be settled (indefinite leave to remain, settled status or proof of permanent residence) or be an EEA national who has pre-settled under the EU Settlement Scheme OR 
• The child should have lived continuously in the UK for at least 7 years immediately before the application. If this is not the case, you will need to rely on exceptions to the rules relating to you and your child’s family life rights. 

You must also meet certain requirements: 

• Both you and your child must be in the UK 
• Submit a valid application 
• You must be eligible based on your immigration status – you cannot be in the UK with immigration bail or in the UK with leave granted for a period of six months or less such as being a visitor (unless you are going though family court or divorce proceedings) 
• You must also show that you can provide for you and your child and that adequate maintenance and accommodation is available to you and your child without relying on public funds. 
• You must meet the English language requirement. 

Importantly, you must show that you either have:

• Sole responsibility (see below) or
• Your child normally lives with you and not the other parent (and the other parent is British, has settled status or is an EEA citizen with pre-settled status).

If your child normally lives with the other parent (who is British, settled or an EEA citizen in the UK with pre-settled status) then you and the other parent cannot be in a relationship when applying for the parent route.

Do you need sole responsibility for your child?

No, you do not have to have sole responsibility for your child. 

You must show that you have parental responsibilities, but this can be because either;

• You have sole parental responsibility, or 
• the child primarily lives with you; 

Or

• you share parental responsibility of the child with the other parent and: 
  • The other parent is a British citizen, settled in the UK or has pre-settled status under EUSS;
  • The other parent is not your partner;
  • You are not eligible for a partner visa by relying on them to be your sponsor. 

If your child lives with the other parent, you must have direct access (in person) to the child in agreement with the other parent, or because of a mandated court order. 

It is important that you show that you have contact with your child, that you play a part in their upbringing and that you plan to continue doing so. 

How long do you have to apply?

You should inform the Home Office about your relationship or marriage breakdown as soon as possible and plan for your alternative leave at the earliest possible time. 

The Home Office usually allow 60 days (or the remaining duration of your visa if this is shorter) for UK Spouse visa holders to make arrangements to leave the UK or to apply for alternative visas, if they are going through a divorce or relationship breakdown. We suggest you access immigration legal advice to learn more about the best visa options for you, before informing the Home Office.

What evidence do you need?

You’ll need to show two things: that your relationship has ended, and that you have a genuine, ongoing relationship with your child. This typically includes:

• A divorce petition or statement explaining the separation
• Your child’s birth certificate
• Proof of your child’s status (British, settled or pre-settled)
• Evidence of your role in their life, such as school letters, messages, medical visit records, or other relevant proof of contact such as family court documents. 
• Proof you meet the requirement for the Parent visa such as the financial, accommodation and English language requirements. 

If your child lives mainly with your ex-partner rather than with you, you’ll also need to show that the contact you do have is agreed or set out in a court order.

Every case looks different, so submitting the right kind of evidence for your case is key. Getting advice before you apply can make a real difference to how your case is presented.

Does switching affect your path to settlement (ILR)?

Yes, switching routes can affect your path to settlement (ILR). If you are switching from a UK Partner visa on the five-year route to settlement into a UK Parent visa on the five-year route, your time towards the five years will start again on your parent visa. 

If switching to the Parent visa affects your ability to satisfy the financial or English language requirements, you may need to rely on exceptions in your application. If you do, you will be put on the 10- year route to settlement. 

If you are put on the 10-year route, you may be able to move to the five-year route once you renew your visa and you can satisfy the requirements.

Note that new rules for settlement have been proposed and are expected to come into force later this year. To learn more about your options and how this may affect you, we recommend seeking legal advice. 

What if you’re a victim of domestic abuse?

If you are a victim of domestic abuse and your relationship has broken down because of the abuse, you can apply for indefinite leave to remain (ILR) to stay in the UK. This application does not rely on your parental relationship.

To be eligible, your partner must have been either:

• a British or Irish citizen
• someone settled in the UK 
• an EU, EEA or Swiss citizen with pre-settled status
• someone who was in the British Armed Forces for at least 4 years or
• a refugee, stateless person or someone with humanitarian protection.

If you need time to apply for your ILR, you may also be able to get your current visa extended under the victims of domestic abuse concession. If granted, you will be able to access benefits to help support yourself in the transition. 

Your relationship must have also broken down permanently as a result of the domestic abuse. 

If you are affected by domestic violence, it is important to seek support for yourself and immigration legal advice so you can get the help you need as these situations can be complex.