Why this matters
A worker on a dependant partner visa has a right to work that is contingent on the main visa holder's visa remaining valid and the relationship remaining intact. If the relationship breaks down, the worker's right to work can end abruptly, often before the dependant visa's stated expiry date.
What happens when a relationship breaks down
When a relationship ends, the main visa holder is required to inform the Home Office. Once notified, the Home Office will typically issue a curtailment letter to the dependant, giving them 60 days to either secure an alternative visa or leave the UK.
Until the curtailment letter is issued, the dependant's visa may technically still appear valid on share code checks, which can lead the worker to believe their right to work is unaffected.
Red flags for employers
The worker discloses a relationship breakdown or divorce, even if a curtailment letter has not yet been issued.
The worker's share code returns an error or cannot be verified.
The worker is unable to generate a new share code on request.
What employers should do
Request a new share code from the worker as soon as the disclosure is made, and do not rely on a prior right to work check.
If share codes continue to fail, request an Employer Checking Service check, which may return a Positive or Negative Verification Notice.
If a Negative Verification Notice is returned, the worker cannot continue to work for you.
If the worker wishes to remain in the UK on the basis of employment, they should explore whether they meet the criteria to be sponsored by you or another employer.
Government guidance: https://www.gov.uk/uk-family-visa/partner-spouse-leaving-your-partner