ILR as a Bereaved Partner (UK)
If your partner just passed away during your probationary period as a migrant in the UK on your partner/spouse visa, get in touch with us. At Gulbenkian Andonian Solicitors, our team of experienced immigration lawyers London can provide you with the best legal advice and assistance related to your immigration status in the UK and options available to settle here permanently.
In such a situation, the UK immigration law gives migrants an option to apply for ILR as a bereaved partner. However, there are certain requirements that you must meet in order to qualify. Continue reading to learn about the requirements and other important things about ILR as a bereaved partner UK.
Who Can Apply for ILR as a Bereaved Partner UK?
You can apply for indefinite leave to remain as a bereaved partner if:
- Currently, you have temporary permission to live as a wife, husband, same-sex, unmarried or civil partner of a settled person or a British national who has died.
- You and your partner were living together and intended to live permanently with each other at the time of death.
- Your partner was present and settled in the United Kingdom when they passed away.
The section BPILR of Appendix FM has made this provision only for those migrants who are bereaved during the probationary period, provided they had a subsisting relationship.
Keep in mind that this option is not applicable to those who have limited leave to enter or remain in the UK or who is an EEA (European Economic Area) national exercising treaty rights. Furthermore, the rules pertaining to bereaved partners don’t apply to fiancé(e)s and proposed civil partners.
Can an applicant apply for ILR bereavement visa from outside the United Kingdom?
No. As per Section BPILR 1.1 of Appendix FM, the applicant of ILR as a bereaved partner should be in the UK at the time of application submission. Also, they must fulfil the suitability and eligibility requirements under Section S-ILR and E-BPILR of Appendix FM of the Immigration Rules.
Does the applicant need to provide a death certificate?
Yes. The applicant must provide the death certificate of their partner when applying for ILR as a bereaved partner. Moreover, the Home Office states that this certificate is needed to suffice as evidence.
Does the Home Office make detailed enquiries?
No. The Home Office doesn’t make detailed enquiries as the applicant may be in distress. In fact, the Home Office tactfully deals with the situation and observes care while making any enquiry. However, enquiries may be made if there is any doubt about the marriage or relationship subsistence of the applicant with the deceased partner.
What happens if the bereaved partner has overstayed in the United Kingdom?
This wouldn’t affect their application. This is because no compliance relating to overstay in the UK is required for ILR as a bereaved partner.
When is limited leave granted to the bereaved partner?
The applicant may be granted a limited leave instead of an indefinite leave to remain in the UK if they are unable to meet all the suitability requirements, except for S-ILR 1.5 and 1.6. S-ILR 1.5 that relates to imprisonment for less than a year. Similarly, S-ILR 1.6 focuses on a non-custodial sentence and other out-of-court disposals recorded on their criminal record within a span of two years prior to the date of application submission.
The applicant may get a limited leave to remain in the UK for not more 30 months under paragraph D-BPILR 1.2. It is subject to the condition that no alternative or access to public funds.
Can the applicant further their application after 30 months of granted limited leave?
Once the applicant gets a limited leave to remain in the UK, they can make a further application for ILR but that has to be within the 30-month period granted and if they are able to successfully meet the paragraph S-ILR 1.5 and 1.6 requirements.
When and why is the ILR as a bereaved partner application refused and rejected?
When the applicant fails to meet the requirements for ILR or further leave to remain under D-BPILR 1.3 and 1.2, their application can get rejected. Although a refusal letter provides for an administrative review, there is no right of appeal for an ILR application.
Among the most common reasons for application refusal include:
- Order of deportation
- The applicant’s presence is not favourable for the public because of being imprisoned for at least four years
- Character and conduct issues
- Inability to pay outstanding charges to the NHS (National Health Service) with a value of or above £500
- Lack of accommodation and maintenance
- The last leave to remain in the UK was as a civil partner or as fiancé(e)
- The relationship was no subsisting or genuine
- The intentions to live together were doubtful