Divorce/Separation

AFF is able to provide practical one-on-one support to F&C families dealing with the issues below.

The support can be offered in any location in the UK or overseas. We will do all the substantive work required to make the applications, including collating all evidence, completing the forms and writing letters of representation.

If you are currently supporting an F&C spouse in these circumstances who needs immigration advice, then please contact AFF at fcsupport@aff.org.uk.

If you are the spouse, you can contact us directly, but we would prefer that you are referred to us via your local Army Welfare Service or SSAFA caseworker.

Contents

01   Can I remain in the UK on my current visa?

Unless you already have Indefinite Leave to Remain (ILR), you are likely to have a visa as a partner of a soldier, therefore your entitlement to remain in the UK is reliant on you having a subsisting relationship. Once you separate, you are no longer meeting the terms of that visa and are required to either return to your home country or to apply for a visa in a different immigration category. You will no longer be able to apply for ILR in the Armed Forces category.

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02   What visa can I apply for?

This will really depend on your personal circumstances. Please have a look at the options below and contact the F&C team for further assistance.

  1. You have a British child or a child who has been living in UK for at least seven years continuously. You will be eligible to apply for limited leave to remain (now known as permission to stay) as a parent if you have sole responsibility or access rights to the child. You will either qualify on a five-year route to settlement, or a 10-year route but you should be able to count your time on the Armed Forces route towards this. Neither route usually allows access to public funds (benefits) until you are eligible for ILR, unless you can prove that you are destitute.
  2. Your marriage has broken down as a result of domestic abuse. You may be eligible to apply for ILR under the domestic abuse rules. See section below on Domestic Abuse.
  3. You have a valid limited leave visa and have lived in the UK for 10 years. You should be eligible to apply for ILR on the basis of your long residence. However, you need to have been living in the UK legally for the whole of the 10 years. Please be aware that UKVI does not currently recognise your time overseas on accompanied assignments as residence in the UK. See GOV.UK: Indefinite leave to remain if you’ve been in the UK for 10 years (long residence) for further information.
  4. You don’t have a valid visa, but you have lived in the UK for 20 years, or if under 25, have lived here for half of your life. You should be eligible to apply for leave to remain on the basis of your private life.

If you don’t meet any of the above circumstances, then you may find that your only option is to return to your home country. However, there are other exceptional circumstances, which may need to be taken into account.

Exceptional circumstances could include:

  • Best interest of the child
  • Length of time in the UK, including social, cultural and family ties
  • Likely circumstances you would face in your home country were you to return

You should contact the F&C team in the first instance. We will assess whether we are able to offer further assistance or whether we will need to refer you to a solicitor or a more suitable agency. See below for information about further immigration advice.

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03   My visa has expired, what can I apply for?

Again, this depends on the circumstances. You are not required to have a valid visa to apply to remain under routes  1, 2 and 4 below. You should contact the F&C team for further assistance.

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04   EU spouses

EU spouses in the UK with pre-settled status will need to be exercising a qualifying right to reside in order to be eligible for benefits and housing support in the UK. If you are working in the UK and meet the minimum earnings threshold you will be eligible for benefits. For more information, see nrpfnetwork.org.uk/EEA nationals and family members

If you are an EU national and you do not have pre-settled status you should get in touch with the F&C team.

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05   Will I have to pay for the application to remain?

If you have children, cannot work and have no other means of income, then you can apply for a fee waiver for the application.

To be successful, you will need to provide detailed information about your current circumstances to prove that you are destitute. Your AFF immigration advisor will assist you with this.

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06   Will I be eligible for benefits if I am given a limited leave visa?

Not usually. Limited leave visas are only issued with the condition of ‘no recourse to public funds (NRPF)’ unless you can prove you are destitute or where there are compelling reasons relating to the welfare of a child. Your AFF immigration advisor will assist you with this.

Not all benefits are classed as public funds. People with no recourse to public funds who have paid the necessary National Insurance contributions or have relevant periods of employment or self-employment can claim contributory benefits and statutory payments.

The following benefits and statutory payments are not considered public funds for immigration purposes:

  • New Style Jobseeker’s Allowance
  • Guardian’s Allowance (if in receipt of Child Benefit)
  • New Style Employment and Support Allowance (ESA)
  • Maternity Allowance
  • State Pension
  • Statutory Sick Pay
  • Bereavement Support Payment
  • Industrial Injuries Disablement Benefit
  • Statutory parental payments (Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay)
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07   Should I be receiving child maintenance?

Yes. If you have children and they live with you most of the time, then the soldier has a legal responsibility to support them. See GOV.UK: Child Maintenance Service to find out more.

If you are overseas and wish to enforce a Foreign Court Order to compel the soldier to make payments, you will first need to have the order registered in a UK court. This is done through the central authority (or local courts) in your home country and the GOV.UK: UK REMO unit (Reciprocal Enforcement of Maintenance Orders).

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08   What support will my Local Authority (LA) give me?

To see whether you are eligible for social services support you will need speak to the Children’s Social Care unit in the council area where you live, or your SSAFA/RBL/AWS caseworker (see below) can refer you. For more information about social services support available, see nrpfnetwork.org.uk/Social services support for families

Local authorities have a duty to safeguard and promote the welfare of children in need within their jurisdiction. Families with no recourse to public funds will usually be assessed to see if they are eligible to receive residential accommodation and subsistence under Section 17 of the Children Act 1989.

Unfortunately there are substantial restrictions on the support that can be provided under Section 17 CA to families that are unlawfully in the UK. Support under the Children Act to such families can only be provided if it is assessed, in a Human Rights Assessment, that withholding or withdrawing this support would breach your human rights.

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09   What support can Service charities provide?

In some cases, Royal British Legion (RBL) and SSAFA will provide small grants and vouchers to assist with day-to-day living, but this will very much be on a case specific basis.

Charities will sometimes assist with visa costs if its not possible to get a fee waiver for the application. You are advised to contact RBL if you are in need of financial assistance for your application, your F&C immigration advisor will liaise with the caseworker you are allocated.

Caseworkers can also provide practical support with housing and benefits and can refer you to your local social services department.

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10   Where can I get other advice, for example housing options?

See the Housing section on our Separation & Divorce page for further information where it details the process for remaining in your Service Family Accommodation (SFA) and the housing options for you once you have to leave your SFA. These can include the Services Cotswold Centre or the SSAFA stepping stone home.

You are still expected to pay for the accommodation, but funding may be provided by Service charities depending on your specific circumstances.

You should speak to your caseworker for more information about your options.

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