Separation or divorce of a partner with limited leave under Part 8 or Appendix FM of the Immigration Rules
Produced in partnership with Jo Renshaw of Turpin & Miller LLP
Separation or divorce of a partner with limited leave under Part 8 or Appendix FM of the Immigration Rules

The following Immigration guidance note Produced in partnership with Jo Renshaw of Turpin & Miller LLP provides comprehensive and up to date legal information covering:

  • Separation or divorce of a partner with limited leave under Part 8 or Appendix FM of the Immigration Rules
  • Cancellation and curtailment of leave–practicalities and procedures
  • Curtailment—the procedural steps
  • Decision to curtail
  • Procedural difficulties
  • Children and curtailment: Family life as a parent, para EX.1(a) and Article 8/Exceptional circumstances
  • Applicant’s status prior to curtailment

If a relationship breaks down as a result of domestic violence or a relationship ends due to the death of the sponsoring partner, there are provisions allowing a partner with leave under Part 8 or Appendix FM (the 'applicant partner') to apply for indefinite leave to remain in their own right. See Practice Notes: Bereaved partners and The domestic violence provisions.

For those whose relationship ends for other reasons, the position is more complicated. Once the relationship has broken down permanently, the applicant partner ceases to meet one of the core requirements of the rules under which they were granted leave (namely, that they are in a genuine and subsisting relationship with their sponsoring partner) and therefore that leave is liable to be curtailed under the Immigration Rules, Part 9, para 323(ii). If they leave the UK and attempt to re-enter, their leave can be cancelled for the same reason under the Immigration Rules, Part 9, para 321A(1).

Cancellation and curtailment of leave–practicalities and procedures

The requirement for a holder of a Biometric Resident Permit (BRP) to notify the Home Office of a relevant change of circumstances is set out in the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, (the Biometric Regs 2008), reg 18(d) (the Biometric Regs 2008). This provides that a BRP holder must notify the Secretary of