If you are married to a British citizen, or a person with Indefinite Leave to Remain in the UK and your marriage or civil partnership is breaking down, you can seek to remain in United Kingdom if you have a child or if you have been a victim of domestic violence from your partner, their family or both and this is why your relationship has broken down before the end of your visa.

In order to apply to remain in the UK as the parent of the child you will be required to prove your relationship with the child and in addition you must be able to prove that

  • Your child or children are under the age of 18 years at the date of application;
  • Your child or children are living in the UK
  • Your child or children are either British or have Indefinite Leave to Remain

Based on our experience, we would strongly suggest that if your relationship is breaking down that you do not wait until your permission to leave expires before you take action. Submitting an application as soon as you realise that your application is ending will allow you to continue to live and work in the UK without any restrictions.

For more information on staying back in the UK if your relationship is ending or after your divorce, you can contact our immigration experts on info@smartmove2uk.com or call on +91 98191 27002 to book an appointment for a consultation.

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