Divorce During an ILR Application: What Happens
What you need to know
- •If you have completed 5 years and meet all requirements, divorce during processing may not prevent ILR.
- •If you separate before completing 5 years, you may need to switch visa routes.
- •Domestic violence victims have specific protections under the DDVC.
- •Seek legal advice immediately if your relationship is breaking down.
If your relationship ends while your ILR application is pending, the impact depends on when the separation occurs, whether you have completed the qualifying period, and the circumstances of the breakdown. Domestic violence victims have specific protections. Seek legal advice immediately if your relationship is ending.
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If You Have Completed the 5-Year Route
If you have completed the full 5 years on the spouse visa route and submitted your ILR application before separating, your application may still succeed. The Home Office assesses eligibility at the date of application. However, they may ask about your current relationship status.
For context on the route, see our spouse visa to ILR guide.
If You Separate Before Completing 5 Years
If your relationship ends before you have completed the 5-year qualifying period, your options include:
- Switch to another visa: If you qualify for a work visa or other route.
- 10-year long residence: If you have been in the UK for 10 years, apply under the long residence rule.
- Parent route: If you have children in the UK, you may qualify for leave to remain as a parent.
- Private life route: If you have strong ties to the UK, Article 8 may apply.
See our divorce and separation guide for full details.
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Domestic Violence
If your relationship broke down due to domestic violence, you have specific protections:
- DDVC: The Destitution Domestic Violence Concession provides 3 months' leave and access to benefits while you apply for ILR. See our domestic violence ILR guide.
- ILR under the DV rules: You can apply for ILR under the domestic violence provisions of Appendix FM.
If you are in immediate danger, call 999. The National Domestic Abuse Helpline is 0808 2000 247.
Practical Steps
- Seek immigration legal advice immediately. See our DIY vs solicitor guide.
- Do not leave the UK without advice, as this could affect your status.
- Gather evidence of your UK residence and ties.
- If you have children, ensure their welfare is considered in any immigration decisions.
For official ILR guidance, visit GOV.UK: indefinite leave to remain and find a regulated immigration adviser.
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
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Get a personalised document checklist and eligibility check — free.