Immigration & UK Citizenship | Thorntons Family Law Scotland

There are several areas where immigration issues can have an impact on family law matters.

The breakdown of a marriage or relationship, for example, can be particularly difficult for those who are subject to a visa whilst in the UK. There can be all sorts of questions about how a separation or divorce impacts on an individual’s immigration matters and their ability to legally reside in the UK following the breakdown of that relationship.

Similarly, many families in the UK are concerned about their ability to continue residing together here as the expiry of their visa approaches, whether they or their children can register or naturalise as British Citizens or how they can remain in the UK independently of their spouse or partner.

Frequently asked questions

The following are some of our most frequently asked questions when it comes to immigration in relation to family law.

How will a divorce or splitting from my partner impact on my immigration status?

Divorcing or splitting from a partner can be a very distressing time, and for some individuals there is the added stress that this decision may affect their ability to legally remain in the UK. If you suspect this may apply to you, we would recommend that you take Immigration advice immediately as to how best prepare for this decision to give you the best possible chance of legally remaining in the UK.

I am suffering from domestic violence, but I am worried that if I leave my partner, I will lose my immigration status. What are my options?

Many individuals who reside in the UK on the basis of their partner or spouse and who are suffering from domestic violence find themselves worrying about how a possible split may affect their immigration status. There is a route available which allows individuals whose relationships have genuinely broken down, due to domestic violence, to apply for Indefinite Leave to Remain in the UK providing that they meet the other eligibility requirements.

What are the options for staying in the UK independently of my partner or spouse?

There are various routes to staying in the UK independently of your spouse or partner. For example, finding sponsorship from a business under the Tier 2 system, obtaining an investor visa or possibly as a result of your family life. These are only a few examples as there are numerous routes to remain in the UK independently of your partner or spouse. Often, this increases an individual’s security knowing that their ability to remain in the UK is not dependant on their spouse or partner. An Immigration Law Solicitor can advise you on the options available to you.

If I was married abroad, will the Home Office recognise my marriage?

The rules for recognising whether a marriage is legally recognised in the UK are complicated. We would recommend you take legal advice to establish whether your marriage is recognised in the UK as this may have implications for your immigration status.

How do I stop my family being removed from the UK?

The thought of one’s family being removed from the UK is extremely stressful and upsetting. Take expert legal advice as soon as possible to understand the options facing your family and how best to fight to keep the family together.

How can my family come visit me in the UK?

To come to the UK as a family visitor, if you are from outside the EEA or you have no visa waiver, you must obtain a visitor visa. You will need to demonstrate to the Home Office that you are here to genuinely visit your family for a short period of time and will return home at the end of your trip. Our Immigration Solicitors can discuss the requirements of this visa with you.

How can Thorntons help?

At Thorntons, our Immigration Solicitors work closely with our Family Law team where a client’s situation involves immigration issues.

If you are thinking about a divorce, separating from your partner, or have already done so, our expert team of Immigration Solicitors can provide you with legal advice and guidance on how this affects your immigration status in the UK and how best to proceed given your circumstances. We can help you apply or switch to a new visa or raise a court action whilst supporting you through the process.

Depending on your case and circumstances, the next step is to come into one of our local offices to meet an Immigration Law Solicitor about your case and the way forward.

Call us on 03330 430 150 for a chat or contact us to book an appointment.