We see the number of cases and deaths increasing everyday during the outbreak of Covid-19. Daily news make us think about our loved ones and circumstances of life without them. If you live in the UK with your spouse or partner and your spouse or partner passed away, the Immigration rules provide a route for indefinite leave to remain (ILR) as a bereaved partner.
If bereaved partners lost their partner or spouse before they are not settled in the UK, they are eligible to apply for the indefinite leave to remain immediately. Children under the age of 18 can be included as dependents when they apply as a bereaved partner. Of course, there is a risk of withdrawal of existing visas because there is no longer a dependent relationship. Therefore, it is important to address the situation as soon as possible.
The following individuals can apply for ILR:
- If a spouse, unmarried partner, civil partner who is a British citizen or permanent resident of the United Kingdom dies;
- Applicants must reside in the UK with a spouse or cohabitation visa.
- Fiancé’s visa holder or proposed civil partner visa holder cannot apply for ILR
This route does not apply to those who are family members of EEA nationals or staying in the UK under point based system or other route. The Applicant must be in the UK in order to make an application for ILR as a bereaved partner. If a partner were to pass away whilst abroad, it may well be that the remaining partner would not be permitted re-entry following examination by an Officer at the border. If the bereaved partner left the UK after the death of their spouse or partner, you may result in questioning and refusal of re-entry.
The current application fee is £2,389 and must be applied online. There are also possibilities to apply for a fee waiver in limited circumstances. Similar to other ILR applications, suitability requirements should be met, in relation to criminality, deception, false information, and litigation or NHS debt. If the Applicant is in the UK with a partner leave, it is likely that these requirements are met unless there has been a change in circumstances.
When applying for ILR as a bereaved partner, the spouse or partner visa must be valid and the application can be made at any time after the partner's death. If the loved one dies, the bereaved families will be in great pain and most likely are unable to focus on visa issues under difficult situation. However, it is important to make an application as soon as possible to secure the status of your stay.
The Applicant will need to prove the death of their partner. Death certificate will be required. Furthermore, the bereaved families will need to show that the relationship was genuine and subsisting at the time of death.
The Applicant will need to show that they were living with their partner and intended to live permanently in the UK. There are various ways to demonstrate this and available evidences will need to be considered.
Importantly, there is no need to take the Life in the UK test or provide English language skills, as an Applicant would usually need to do when making an application for ILR. An application for Bereaved Partner ILR can take up to 6 months to process.
Losing a family member is difficult, but it can become very upsetting if the visa problem overlaps. If your visa expires and your status withdraws due to little attention, you may lose your position in the UK, therefore it is vital to make sure your application is secured as early as possible.