If you’re a UK citizen or a settled person (someone with indefinite leave to remain) and you’ve been through a divorce, you might wonder if you can sponsor a new spouse or partner to join you in the UK. The answer is yes, it is generally possible to sponsor another spouse after a divorce. However, there are specific requirements, eligibility criteria, and considerations that can impact your application’s success.
Here’s a complete guide to understand the rules, requirements, and application process for sponsoring a new spouse after divorce in the UK.
1. Is It Possible to Sponsor Another Spouse After Divorce in the UK?
Yes, you can sponsor a new spouse or partner after a divorce. UK immigration law does allow sponsors to apply for a visa for a new spouse or partner if their previous marriage has legally ended. However, there are important requirements and potential factors to consider, particularly regarding finances, relationship evidence, and any previous sponsorship undertakings.
2. Key Requirements for Sponsoring a New Spouse or Partner in the UK
To sponsor another spouse or partner after divorce, you must meet the requirements set by the UK Home Office for spouse or partner visas. Below are the main requirements:
Financial Requirement
- Minimum Income Threshold: You must meet the minimum income requirement to sponsor a new spouse, which is currently £18,600 per year if you are sponsoring only your partner.
- Additional Income Requirement for Dependents: If you’re also sponsoring children, the threshold increases by £3,800 for the first dependent child and £2,400 for each additional child.
- Proof of Income: Income can come from employment, self-employment, savings, or other sources, as long as it meets Home Office requirements.
Proof of Genuine Relationship
- Documented Evidence: The Home Office requires clear evidence that the relationship with your new spouse or partner is genuine. This may include:
- Marriage or civil partnership certificates
- Photographs together
- Communications (emails, messages, call logs)
- Proof of time spent together (travel itineraries, joint travel bookings)
- Intent to Live Together: Evidence that you and your new spouse intend to live together permanently in the UK.
English Language Requirement
- Basic English Proficiency: Your new spouse or partner must demonstrate English language proficiency at CEFR Level A1.
- Approved Tests or Qualifications: They can meet this requirement through an approved English test or by holding a degree taught in English.
Clear Criminal and Immigration History
- Background Checks: Both the sponsor and applicant must be clear of serious criminal records or prior immigration breaches, which could affect the application outcome.
- Honesty in Previous Applications: Be prepared to show that previous sponsorship undertakings were fulfilled honestly, particularly if there were any issues in the previous marriage.
3. Considerations After a Recent Divorce
If you’ve recently divorced, there are additional factors to keep in mind when sponsoring a new spouse:
Previous Sponsorship Undertakings
- Good Character and Compliance: If you sponsored a previous spouse and the relationship ended, ensure there were no violations of immigration law. The Home Office may review whether you complied with previous sponsorship undertakings.
- Multiple Sponsorships: While there’s no specific limit on sponsoring more than one spouse over time, multiple sponsorships within a short period may prompt additional scrutiny to ensure genuine relationships.
Time Since Divorce
- Cooling-Off Period: There is no official “waiting period” between divorce and sponsoring a new spouse. However, the Home Office may consider the timing between sponsorship applications. Demonstrating that you did not enter into a new relationship for immigration purposes is important.
4. Step-by-Step Guide to Sponsoring a New Spouse After Divorce
Follow these steps to apply for a new spouse visa in the UK:
Step 1: Prepare Financial and Relationship Evidence
Gather all required financial and relationship documents to support the application. Ensure that each document clearly shows that you meet the income threshold and that your relationship is genuine.
Step 2: Complete the Online Application
The application can be started online through the UK government visa portal. Fill out the visa application form for a spouse or partner visa, ensuring all details are accurate and honest.
Step 3: Submit Supporting Documents
Upload your supporting documents as per the instructions provided in the online application. Include all relevant proof of income, relationship documentation, previous divorce certificate, and any other required documents.
Step 4: Attend a Biometric Appointment
Your spouse will need to attend a biometric appointment to provide fingerprints and photographs. This is usually scheduled at a Visa Application Centre in their country of residence.
Step 5: Wait for a Decision
Visa processing times for spouse applications can vary, but most are processed within 2-3 months. Priority processing options may be available for faster results.
5. Potential Reasons for Application Rejection
While it is possible to sponsor a new spouse, applications can be rejected if certain criteria aren’t met:
- Insufficient Financial Resources: Not meeting the income threshold or failing to provide sufficient financial evidence can lead to rejection.
- Insufficient Proof of Relationship: A lack of clear evidence of a genuine relationship may result in a refusal.
- History of Immigration Violations: A past record of immigration issues, especially if related to previous sponsorships, may affect approval.
Each application is unique, and providing all necessary documentation can help avoid these issues.
6. Frequently Asked Questions (FAQs)
1. How long do I have to wait after a divorce to sponsor a new spouse?
There is no official waiting period, but the Home Office may assess the timeline between sponsorships to ensure genuine relationships.
2. Can I sponsor another spouse if my previous marriage ended in separation but not divorce?
No, you must provide proof of a legal divorce before sponsoring a new spouse.
3. Do I need to meet the financial requirement again for a new spouse visa?
Yes, the minimum income threshold of £18,600 (or more if dependent children are included) applies to each sponsorship.
4. Will my past sponsorship application affect my new one?
It depends. If you followed the rules and have a genuine relationship, it may not impact your application. However, any past immigration issues may lead to increased scrutiny.
5. Can my new spouse work in the UK on a spouse visa?
Yes, spouses on a UK spouse visa have the right to work or study in the UK.
6. How long does the new spouse visa last?
The initial visa is typically valid for 2.5 years and can be renewed for another 2.5 years. After 5 years, your spouse may apply for Indefinite Leave to Remain (ILR).