Divorcing in the UK on an Ancestry Visa: What Happens to Your Status?

 If you obtained your UK Ancestry Visa through your husband's UK-born grandparent, but you do not have a UK-born grandparent yourself, your situation becomes more nuanced after a divorce. Here's how it works:

Ancestry Visa Based on Spouse’s Grandparent

Your Ancestry Visa is linked to your spouse's UK-born grandparent, not directly to you. This means your visa was granted based on your husband's family connection, and not on your own ancestry. The visa allows you to live and work in the UK, as long as you meet the criteria—one of which includes maintaining a genuine relationship with your UK sponsor (your husband).

What Happens After Divorce?

  1. Visa Validity: The good news is that divorce does not automatically invalidate your Ancestry Visa. However, because your visa was linked to your marriage, a divorce could raise complications, especially if the Home Office views the visa as contingent on the marriage being ongoing.

  2. Changes in Circumstances: If your visa was issued under the assumption that you would remain in a relationship with your husband, you may need to update your immigration status. The Home Office might expect you to show that you still meet the visa’s eligibility requirements. If your marital relationship is no longer intact, it could affect future visa renewals or your path to permanent residence.

  3. Remaining in the UK: You may still be able to remain in the UK after a divorce, especially if you are able to transition to another visa category. One option could be applying for Indefinite Leave to Remain (ILR) if you have lived in the UK long enough and meet the residence requirements. This would give you the right to stay in the UK independent of your spouse.

  4. Alternative Visa Routes: If you’re not eligible for ILR or if your Ancestry Visa expires, you could explore other visa options. These might include applying for a spouse visa (if you’re eligible for it through a new partner) or other work-related or family-based visas.

Next Steps

  • Consult an Immigration Solicitor: It’s crucial to seek legal advice from an immigration lawyer. They can help clarify your options and guide you through the process of transitioning to a different visa or securing ILR.
  • Contact the Home Office: You should inform the Home Office about your change in marital status, especially if your visa was tied to the relationship with your spouse.

Conclusion

While your Ancestry Visa is based on your husband's UK-born grandparent, your ability to stay in the UK after a divorce depends on your individual circumstances. Although your visa might not automatically expire due to divorce, you will likely need to explore alternative immigration options to secure your long-term stay in the UK. Consulting an immigration solicitor will provide the best course of action for your situation.

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