The decision of divorce is never easy. Most divorces are as a result of emotionally charged disputes followed by hasty decisions. Many immigration solicitors argue that Divorce becomes even more difficult if the couple has international roots outside of the UK and the EU. The following text uncovers the various important considerations that need to be made before proceeding with divorce.
According to the Office of National Statistics, two thirds of new-born babies in London are born to at least on foreign parent. One reason behind this is that most international couples choose to get married to make immigration easier.
In most couples, one is the main immigration status holder, whereas the other is granted a visa as a dependant. A couple going through a divorce needs to consider their ability to stay in the UK after afterwards, especially if there are young children involved. In most cases the divorcing couple are unaware of its possible effect on their immigration status. For example, if the main spouse is French, then the dependant will have to consider the possibility of not being able to live in the UK after the divorce. He/she will then have to apply for a visa in the independent visa category; the type of visa will depend on the applicant’s circumstances.
Possible Options and Alternatives:-
For a couple who is looking into divorce, it is advised that they speak to Immigration Solicitors before making any hasty decisions. The solicitor may be able to suggest possible alternatives for the dependant spouse based on his/her circumstances. For example, the dependent spouse of a migrant engineer may be able to apply for an independent visa as an engineer if they have the necessary qualifications and are willing to work in the UK.
Changes in Policies:-
The New Immigration Bill has introduced new restrictions on the rights to appeal, making it absolutely crucial for couples to take the appropriate action and not be delayed by the possibility of a declined application for UK Residency. However, cases that involve family, young children and human rights can still be considered as a basis of a possible appeal.
All immigrant couples who are looking into the possibility of a divorce should seek guidance if immigration solicitors before making any hasty decisions. The solicitors may suggest alternative routes that may ensure a smooth divorce and secure immigration status for the dependant spouse. Care is needed in making sure that least amount disruption is caused especially when there are young children to consider.