The impact of divorce while on a post-visa on your immigration status in the UK depends significantly of the status of the person you married.
1. Married to an EEA National with Pre-Settled or Settled Status under the EU Settlement Scheme (EUSS)
If your visa/status is under the EUSS as a family member of an EEA national:
- If you divorce, you may lose your right to remain under EUSS unless you qualify to retain your rights.
You may be able to retain your right of residence under EUSS if:
- The marriage lasted at least 3 years and you both lived in the UK for at least 1 year during that time.
- Or you have custody or access to a child of the marriage.
- Or the EEA national has died or left the UK, and you satisfy other conditions.
After divorce, you must apply to remain in the UK as a “retained right of residence” holder under the EU Settlement Scheme before your current EUSS visa expires.
If you do not qualify to retain residence, your status under EUSS ends and you may become unlawfully present unless you switch to another visa (e.g., Skilled Worker, Graduate, etc.).
2. Married to a British Citizen, Settled Person or person on a work visa (non-EEA route)
If you’re on a Spouse Visa (Family route or dependent of a work visa holder):
- Divorce typically ends your eligibility to stay under that visa.
- You are required to inform the Home Office, and your Spouse Visa will be cancelled (usually to 60 days or until expiry date of current visa is shorter than the 60 days’ period).
You can switch to another visa category during that cancellation period, such as:
- Graduate Visa (if recently completed studies)
- Skilled Worker Visa (if sponsored by an employer)
- Parent of a British Child visa (if applicable)
- Private Life route (if you’ve been living in the UK for several years)
| Situation | Impact of divorce | Can you stay? | Action needed |
| Married to EEA National under EUSS | Yes, status may end at expiry date of visa | Only if you qualify to retain rights of residence | Apply for retained rights of residence before visa expiry date. |
| Married to British/Settled person on spouse visa | Yes, spouse visa cancelled | Yes, if you can switch to another category of visa | Apply to switch to another category of visa within 60 days of cancellation notice or before visa expiry date. |
| Married to a work visa holder | Yes, spouse visa cancelled | Yes, if you can switch to another category of visa | Apply to switch to another category of visa within 60 days of cancellation notice or before visa expiry date. |