This page is about permission that depends on a relationship: spouses and partners on the family routes, certain dependants on other routes, and certain EU Settlement Scheme family members. Immigration law applies across the United Kingdom. The family law points here are those of England and Wales.
What your permission is actually based on
A partner visa is not based on the existence of a marriage by itself. It is based on meeting the relationship requirements in the immigration rules, which cover spouses, civil partners and unmarried or durable partners. Those requirements include that the relationship is genuine and subsisting, and that your partner holds a qualifying status.
Which statuses qualify depends on the route. On the standard family route that usually means a British or Irish citizen or a person settled in the UK. Other relationship-based permissions run on their own rules, including EU Settlement Scheme family members and partners of people with protection status.
This has a consequence people are surprised by. You do not normally need to wait for a divorce to be finalised before a relationship breakdown becomes relevant to your immigration status. What follows is a sequence rather than a switch: the relationship ends, you report it, and the Home Office then considers what to do with your permission. Equally, a rough patch is not a breakdown. The question is whether the relationship has ended permanently, and that is a question of fact rather than of paperwork.
Three clocks people confuse
This is where most bad advice starts, because three separate periods get treated as one.
- The partner settlement clock
- The five year partner route and the ten year family route each have their own qualifying requirements. When the relationship ends permanently, you may no longer be able to continue towards settlement on that basis.
- The qualifying period of a new route
- If you switch to a work route, a parent route or a study route, that route has its own qualifying period, and it generally starts from the switch. Two years on a partner route do not become two years towards settlement on the new one.
- Long residence
- Settlement after ten years of continuous lawful residence is a separate route with its own requirements, set out in Appendix Long Residence. Time you have already spent here with permission does not stop counting merely because a relationship ended. This is the point most articles get wrong, by implying that switching routes throws away everything that came before. It does not follow that all of your previous time will count: Appendix Long Residence sets out which permission counts towards the ten years and which periods do not, and it requires the continuous residence requirement in Appendix Continuous Residence to be met for the whole qualifying period. That appendix is itself amended with effect from 8 October 2026.
When you have to tell the Home Office
You must usually tell the Home Office when you divorce or separate from your partner, if your permission is based on that relationship. This applies to partners on family visas, to dependants on other routes, and to certain EU Settlement Scheme holders. Holders of a British National (Overseas) visa do not have to.
Two practical points that the guidance does not spell out and that cause most of the damage:
Do not wait for the divorce. The obligation is linked to the separation or relationship breakdown, not simply to the date the divorce is finalised. Waiting until proceedings conclude can leave months of unreported change on the record.
Your former partner may report it first. A sponsor can also notify the Home Office that the relationship has ended, so do not assume that the Home Office will learn about the change only from you.
How you tell them. There is an online service for reporting that you are separating or getting divorced, and a postal route using a signed form with a covering letter. A letter is expected to give both parties' name, date of birth, address, passport number and Home Office reference number, and, where there are children, their names and dates of birth together with the arrangements for their care and financial support.
How you prove the relationship has ended
You do not normally have to wait for the divorce to be final before reporting a relationship breakdown. The question is whether the relationship has permanently ended, not whether a court has formally dissolved the marriage. There is no single document that establishes relationship breakdown in every case, and what evidence is relevant depends on the circumstances.
Examples of relevant evidence, not a checklist and not exhaustive
- Correspondence confirming the separation
- A separation agreement
- Divorce or family court documents
- Evidence of separate households or living arrangements, where relevant
- Other material showing when and how the relationship ended
Evidence that is not on this list can be just as persuasive, and none of these items is required in every case. Living at the same address does not necessarily mean that a relationship is continuing. Equally, living apart does not by itself answer every question about it. The facts and the evidence are considered together.
If you are reporting the breakdown before divorce proceedings have concluded, give a clear account of when the relationship ended, what changed, and what evidence you have. Do not delay simply because you do not yet hold a final order. If your former partner disputes your account, or you are still living together for financial, housing or childcare reasons, take advice before assuming the position is straightforward.
What happens after you tell them
Your permission does not disappear the moment the relationship does. The Home Office can cancel it so that it ends earlier than the date on your visa, and it will write to you with the new expiry date.
Following a relationship breakdown, the Home Office considers whether to cancel your permission. Cancellation is discretionary rather than automatic, and the caseworker has to consider all the circumstances before deciding. Where permission is cancelled and you still have time remaining on it, the guidance on setting the new date of expiry is what determines how much you are left with. A period of around 60 days is often referred to, and it is the figure the guidance uses for sponsored work and study cases, but it is not stated as a fixed outcome for family routes after a relationship breakdown. Cancellation can also take effect immediately where the circumstances justify it, and a longer period can be allowed.
The routes that stay open
Which of these applies depends on facts that differ in every case, and the list below is a map rather than advice.
Which routes might still be open to you?
You have a child in the UK
A parent route under the family rules may be available
- Where a child is British or settled, or has lived here long enough
- For the parent who has access to and takes an active role in the child's life
- The most commonly missed option, particularly by parents who assume the route belongs to the other parent
You work, or could be sponsored
Switching into a work route from inside the UK may be available
- Where an employer holds a sponsor licence
- Subject to the rules and to any restriction on switching from your current permission
- A real option more often than people expect. Ask your employer before assuming it is not
You have been here a long time
Long residence and private life provisions may apply
- Based on the time you have lawfully been here
- They have their own requirements
- Not an automatic fallback
You are studying, or can
A Student route may be available in some circumstances
- Subject to the rules and to any restriction on switching
- A bridge rather than a destination
- Carries conditions and costs that need checking against your circumstances
None of these applies
Leaving on your terms, before your permission expires
- Protects your future applications in a way that overstaying does not
- An overstay is a fact that follows you
If the relationship ended because of abuse
This is a separate route with different rules, and it leads to settlement rather than to another period of temporary permission.
The route covers several specified categories, including partners of British or settled people, certain EU Settlement Scheme status holders, refugees and specified Armed Forces cases. The full list is in the immigration rules. Changes published on 3 September 2026 will extend eligibility to adult child dependants whose relationship with their sponsor has broken down because of domestic abuse, and they take effect on 8 October 2026. They are not in force as at the review date of this page. What you have to show is that the relationship broke down because of domestic violence or abuse from your partner or your partner's family.
You are asked for a statement of your circumstances when you apply. The immigration rules do not specify mandatory evidence or documents for this application, and the guidance is explicit that a lack of police involvement, prosecution or conviction is not in itself an adverse factor. So the absence of a police report or a court order is not a reason to hold back from applying. You do still have to establish, on the balance of probabilities, that the relationship broke down because of domestic abuse, so include whatever evidence you have and explain what happened.
The gap can be covered. For eligible applicants, the Migrant Victims of Domestic Abuse Concession grants three months of permission outside the rules, on conditions that permit employment and with no prohibition on recourse to public funds. Within those three months you have to either apply on a relevant route, apply for settlement on form SET (DV), or make arrangements to leave.
Cost is not a barrier by itself. The settlement application fee is £3,226 per person, and it can be waived where you cannot support yourself: where you have no housing or cannot afford it, where you have housing but cannot afford essentials such as food or heating, or where your income is so low that paying would harm your child's wellbeing. A decision usually follows within six months of providing your fingerprints and photograph.
Cross-border cases: UK and Lithuania
Where a case involves both countries, the family law and immigration consequences need to be considered together. Treating them separately can create avoidable problems later.
Which country's court hears the divorce. Where one spouse is Lithuanian, or where the couple have lived in both countries, more than one court may be able to hear the case. Which court does, and which law it applies, follows the rules on jurisdiction and applicable law rather than the preference of the parties, and it can affect the outcome. This has to be established at the start, with advice in both countries, rather than discovered afterwards.
A Lithuanian residence permit based on family ties runs on its own rules. Decisions on issuing and cancelling temporary residence permits are made by the Migration Department under the Law on the Legal Status of Foreigners. The grounds that apply to a particular permit are set out in that Law, and they have to be checked against the permit you actually hold rather than inferred from your UK position. If your position in Lithuania depends on a marriage that is ending, the basis of your permit needs to be reviewed at the same time as your UK position, not after it.
Children make it urgent. Moving a child from one country to the other after a separation is not something to arrange informally. Whether the other parent's consent or a court's permission is needed has to be checked, in both countries, before the move rather than after it.
The Lithuanian points on this page identify where the questions arise. They are answered under Lithuanian law on the facts of the individual case, and the position under Lithuanian law is confirmed separately before it is relied on.
What it costs
Work of this kind is quoted case by case, because a straightforward switch of route and a contested cross-border case are not comparable pieces of work. The basis of charging for your matter is agreed between us before anything starts, and you get a written estimate first.
- Legal work on your matter
- Written estimate first
- Settlement as a victim of domestic abuse, Home Office fee
- £3,226 per person
Quoted case by case. The basis of charging is agreed before anything starts.
A fee waiver is available where you cannot afford it. Paid to the Home Office, not to me.
Home Office fees are set by the government and are separate from the cost of legal work. Fees change, so check GOV.UK before relying on any figure.
Common questions
Do I have to leave the UK if I divorce?
No, not immediately. A relationship breakdown does not by itself end your permission. The Home Office may cancel it, normally leaving a period in which you can regularise your position, and you may have another immigration route available. Which routes are open depends on your children, your work and how long you have lawfully lived here.
Do I have to tell the Home Office before the divorce is final?
Yes, usually. The obligation is linked to the separation or relationship breakdown, not simply to the date the divorce is finalised. Waiting for a final order can leave a long unreported gap.
How can I prove that my relationship has ended if we are still married?
You do not necessarily need a divorce certificate. The Home Office is concerned with whether the relationship has permanently broken down, and no single document proves that in every case. Evidence may include, without being limited to, documents showing separate households, correspondence between you, a separation agreement, or family court documents showing when and how the relationship ended. Other evidence can serve just as well. If you are still living together, for example because of housing or childcare arrangements, the circumstances need particular care in explaining why the relationship has nevertheless ended.
Will I be given 60 days to sort things out?
Often something close to it, but it is not certain, and it is worth knowing where the figure comes from. Cancellation is discretionary, and where the Home Office does cancel your permission the guidance on setting the new date of expiry decides how much time you are left with. Sixty days is the figure that guidance uses for sponsored work and study cases; it is not stated as a fixed outcome for family routes after a relationship breakdown. Cancellation can take effect immediately where the circumstances justify it, and a longer period can be allowed. Whatever period you are given, it is not a new visa and not an extension beyond your original permission.
Do the years I spent on the partner route disappear?
Not entirely, and this is where advice often goes wrong. They stop counting towards settlement on the partner route, and they do not transfer into the qualifying period of a new route. Time you have already spent here with permission can still be relevant to settlement on the basis of long residence, which is a separate route with its own qualifying and continuous residence requirements.
What if the relationship ended because of abuse?
There is a separate route that leads to settlement rather than to another temporary permission. You need to give a statement about your circumstances. There is no mandatory list of documents, and a lack of police involvement or a conviction is not in itself an adverse factor, but you do have to establish that the relationship broke down because of domestic abuse, so include whatever evidence you have. For eligible applicants, a three month concession permits employment and does not carry a prohibition on access to public funds.
Can my husband or wife cancel my visa?
No. A sponsor cannot cancel your permission. What they can do is tell the Home Office that the relationship has ended, and those are not the same thing. The decision about your permission is the Home Office's, it is discretionary, and the caseworker has to consider all the circumstances before making it. What a sponsor's report does is start that process sooner than you might have expected, which is the practical reason not to leave the reporting to them.
Can I lose settled status after a divorce?
Settled status and indefinite leave to remain are not held on the basis of a continuing relationship, so a divorce does not by itself take them away. They are lost in other ways, chiefly by spending long enough outside the UK. This page is about permission that still depends on a relationship; if you already hold settled status, the questions that matter in your case are different ones.
We separated three years into the five year partner route. Where does that leave me?
The five year route requires the relationship to be genuine and subsisting throughout, so once it has ended permanently you can no longer continue towards settlement on that basis. Those three years do not transfer into the qualifying period of a new route either. What they can still count towards is settlement on the basis of long residence, which is a separate route with its own qualifying and continuous residence requirements.
My spouse is Lithuanian and we own property in Lithuania. Where should we divorce?
That may be a genuine choice rather than a given, and the answer affects how the property is divided. It should be decided at the start, with both legal systems in view, rather than after proceedings have begun in one of them.
This page states the law of England & Wales and Lithuania as at 5 September 2026. It is general information, not advice on your matter, and reading it does not create a solicitor-client relationship.