On a Spouse Visa and my Partner of 7 years just broke it off

How long have you lived in the UK?

Since December 10th 2014

OK - assuming your visa was granted based on the relationship with your partner, you are correct that you should notify the Home Office and the only options open to you are either to apply for a different visa, or leave the country.  You've already said you aren't entitled to any other visa, I agree, so I guess you know where this is going - sorry.

You need 10 years residence in the UK to apply to remain in your own right.  So, my understanding is that according to the rules, unless there are exceptional compassionate circumstances, you aren't entitled to settle (remain) in the UK and not entitled to social support, NHS etc.

For what it's worth, my opinion is that in reality, unless your ex-partner reports you to the Border Agency, they are not clairvoyant and have enough on their plate to worry about before they go looking for you at any time in the near future.  That may change if you claim any social support or get into any kind of trouble and in the process appear on their radar.

Assuming you don't notify the Home Office, the danger is that assuming you're working, in 2 years time, your employer may spot your visa has expired and you lose your job as being no longer legally resident - you would where I work; in those circumstances, you will definitely become an object of interest to the Border Agency.

My advice would be to plan to return to Oz, but under your terms, so start saving and looking for opportunities at home, so that you return reasonable happy, with some stability to look forward to and not just go home, angry, with nothing.

I really hope I'm wrong and somebody posts an alternative reality, but I doubt it.

Probably not what you wanted to hear, but I hope I've helped you in some way.

thanks, its a reality i knew already.
Its come at a bad time as i have booked flights home to visit my family for the first time in 3 years and i leave in 19 days so i feel like im put in a situation to just leave asap. If what yo usay is true about them having better things to do maybe in a month or two i could come back and finish off my visa once i feel i can. I just dont want to risk getting into trouble. Kinda shitty rules since im a functioning member of society and im forced to leave.

Have just read some things about 'retained right of residence' as a possible option does anyone know anything about this?

lecrosd wrote:

Have just read some things about 'retained right of residence' as a possible option does anyone know anything about this?

Depends; what status was your relationship with your partner (i.e. were you married or in a civil partnership)?  If so, you could qualify.

I gathered from your previous posts that neither was the case; i.e. you called him your partner (not husband) and official civil partnerships are not available to male/female couples and you called him "he" and your status on here is female.

But........how can you have a 'Spouse Visa' if you are not married?

I honestly don't know the answer to that one.  The Government web-page I got the information from is here.

Have a read yourself, go through the list of requirements and documentation required and if the OP qualifies, then by all means they should apply; ultimately, they have nothing to lose.

From reading this, its positive but the OP would probably be better to remain in the UK, or go to Australia for visit only (if this can't be cancelled) and return, then apply.

If you have a Spouse Visa, then according to my present situation, you should have been married within six (6) months !

I suggest you be honest with the Home Office, make an application and see what happens. If refused you can make an immediate appeal within seven days. If that fails, make a voluntary departure and appeal from outside (to the Appeal Court) (but this can take from 12 to 18 months and costs GBP 145.00)..

All the information is available on the Government web Site.

If you need any more info let me know.