Losing a partner is an incredibly difficult experience, and if you are in the UK on a spouse visa, navigating immigration issues during such an emotional time can be overwhelming. If your partner has passed away before you have obtained settled status, your immigration status may come into question. Since the basis of your visa is your relationship with your partner, you may fear that your leave to remain in the UK could be cancelled. Fortunately, UK immigration rules offer a compassionate pathway for bereaved partners to apply for indefinite leave to remain (ILR). This process ensures that individuals can continue living in the UK despite the devastating loss of their partner.
Eligibility for Applying as a Bereaved Partner
Only certain individuals can apply for leave to remain as a bereaved partner. If you are in the UK with a spouse visa or partner visa, and your partner was a British national, a settled person, or an EU national with pre-settled status under Appendix FM, you may qualify for indefinite leave to remain as a bereaved partner. This also includes those with leave to remain as a partner under Appendix HM Armed Forces, provided that their partner was either:
- A British citizen,
- A foreign and Commonwealth citizen serving in HM Forces, or
- A foreign and Commonwealth citizen discharged from HM Armed Forces after being granted permission or settlement.
Unfortunately, individuals on a fiancé(e) visa or proposed civil partner visa are not eligible for this application. Additionally, if you are the spouse of another migrant, such as a student, you will not qualify for bereaved partner leave to remain. Separate rules apply to those whose partners were EEA nationals, so it is essential to check your specific eligibility.
Our leading London law firm can provide expert guidance to ensure that you meet the eligibility criteria and help you navigate the complexities of bereaved partner applications. By choosing our experienced team, you can have peace of mind knowing that your application will be handled with care and precision during this difficult time.
How to Make an Application for Indefinite Leave to Remain
When making an application as a bereaved partner, it is essential that you are physically present in the UK unless your leave was granted under Appendix HM Armed Forces. For individuals who happen to be overseas on holiday when their partner passes away, difficulties may arise. In theory, you could be refused entry back into the UK as you would no longer meet the relationship requirements. This could be legally justified but would be a harsh and unsympathetic decision.
Applications must be made using the SET(O) form from the Home Office website. However, if your last granted leave was under Appendix HM Armed Forces, you will need to use form SET(AF). For children applying separately from their parents who were not previously under Appendix FM Armed Forces, the correct form is SET(F).
In addition to the application form, you will need to submit a valid passport and pay the relevant application fee. The Home Office can reject incomplete applications that fail to meet basic requirements, so it is crucial to get these details right. Our law firm in London can help you compile all the necessary documents and guide you through every step of this sensitive process.
Suitability and Eligibility Requirements
To successfully apply for bereaved partner leave to remain, applicants must meet both suitability and eligibility requirements. According to Appendix Bereaved Partner, the applicant must not fall for refusal under Part 9 of the immigration rules, which deal with general grounds for refusal. However, applicants under Appendix HM Armed Forces applying from outside the UK must meet additional requirements, such as providing a negative tuberculosis (TB) test.
The eligibility criteria are equally crucial. Applicants must demonstrate that their partner has passed away and that the relationship was genuine and subsisting at the time of their partner’s death. The death certificate is generally sufficient evidence for this requirement. While the Home Office is unlikely to question the validity of the relationship unless concerns were raised in previous applications, it is still advisable to provide recent cohabitation evidence to strengthen your case. This might include correspondence addressed to both partners at the same address.
Our expert legal team can help you assemble all the necessary proof, ensuring that your application meets the Home Office’s strict requirements. By instructing our leading law firm, you will benefit from our experience and dedication to achieving successful outcomes for bereaved partner applicants.
Dependent Children in Bereaved Partner Applications
If you have dependent children, they can apply for settlement alongside you as a bereaved partner, provided they meet certain conditions. For children under 18, the requirements are outlined in Appendix Children. If your child is over 18, they must meet the English language and Life in the UK requirements, even though you, as the main applicant, are exempt from these requirements.
Additionally, both you and your child must meet the adequate maintenance and accommodation requirements. Our law firm can assist in ensuring all family members are covered in your bereaved partner application, taking care of each detail so you can focus on other important matters.
Fee Waiver for Bereaved Partner Applications
In a positive development for bereaved partner applicants, it is now possible to apply for a fee waiver when submitting your indefinite leave to remain application. Following a recent legal case (NR v Secretary of State for the Home Department), the Home Office amended its fee waiver policy to allow for applications without the standard fees. This change will take effect from 9th October 2024, and updated guidance on fee waivers is expected soon.
If you are concerned about the costs associated with your bereaved partner application, our firm can assist you in determining your eligibility for a fee waiver and guide you through the application process.
What to Do if Your Application is Refused
While the Home Office does not classify bereaved partner applications as human rights claims, and therefore they do not attract a right of appeal, there are still ways to challenge a refusal. If your application is denied, you can request an internal administrative review. If the decision remains unchanged, you may pursue a judicial review.
It is also important to raise any human rights grounds within your bereaved partner application itself, especially if you have children or strong ties to the UK. By enlisting our law firm to handle your case, we can present a thorough and compelling application, reducing the likelihood of refusal.
Why Instruct Our Leading London Law Firm?
Navigating the complexities of bereaved partner applications is a daunting task, particularly during a time of personal loss. Our highly experienced immigration lawyers are here to offer you the support and expertise you need. By instructing our leading London law firm, you can rest assured that every aspect of your bereaved partner application will be handled with compassion, precision, and professionalism.
From ensuring your eligibility to preparing all necessary documents and handling fee waiver requests, we offer comprehensive legal services to give your application the best chance of success. Trust us to help you secure your future in the UK at this most challenging time.