Losing a partner is undoubtedly a challenging and emotional experience, and when navigating the intricacies of immigration rules during such a time, seeking expert guidance becomes crucial.
At DJF Solicitors, our specialist immigration team achieved a remarkable success in securing indefinite leave to remain as a bereaved spouse of a British citizen for one of our clients, the Applicant. Following the death of the Applicant’s partner, he contacted our firm to seek advice and assistance in the options available to him. Once instructed, our team worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays.
This successful decision came after we provided strong legal representations and diligent work to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allowed us to deliver successful results for our clients.
Understanding Indefinite Leave to Remain as a Bereaved Partner
Indefinite Leave to Remain (“ILR”) as a bereaved partner falls under Appendix FM, Section BPILR. This avenue allows individuals who have lost their partner before settling in the UK to apply for ILR. However, it’s important to note that there is a risk of existing leave being cancelled due to the dissolution of the relationship, emphasising the need to address the situation promptly.
This route is not applicable to individuals in the UK under the points-based system or as an EEA national, each having different rules and regulations. The Home Office has made specific provisions for bereaved partners of HM Forces personnel to qualify for settlement early.
Requirements for ILR as a Bereaved Partner
To initiate the application for ILR as a bereaved partner, the applicant must be in the UK. If the partner passed away abroad, re-entry following examination at the border may be denied. The application, with a current cost of £2,885, must be made online, although fee waivers are possible under limited circumstances.
Suitability requirements, addressing criminality, deception, false information, litigation, or NHS debt, must be met. The applicant should hold leave to remain as the partner of a British citizen or a settled person. It’s important to clarify that a partner, in this context, excludes a fiancé(e) or proposed civil partner. However, the definition does include those whose last leave was as a bereaved partner.
An applicant for ILR as a bereaved partner is not required to have leave at the time of applying, recognising the emotional and distressing circumstances such applicants may face. However, it is crucial to apply as soon as practicable.
Evidence Required for a Bereaved Partner ILR Application
The application process involves proving the death of the partner, requiring the submission of a death certificate. Additionally, the bereaved partner must demonstrate that, at the time of death, the relationship was genuine, subsisting, and that they were living with their partner with the intention to live permanently in the UK.
Notably, there is no requirement for the Life in the UK test or English language skills, common in other ILR applications.
Ensuring a Human Rights Claim is Raised
If the application is refused, it’s important to note that a bereavement application is not automatically treated as a human rights claim, meaning there is no automatic right of appeal. Therefore, it becomes crucial to reference all evidence related to family life and private claims.
Raising an applicant’s human rights becomes significant, especially concerning children and the circumstances in the applicant’s home country. If refused and not recognised as a human rights claim, avenues such as administrative review and judicial review may be considered.
Why Choose DJF Solicitors – Your Expert London Immigration Law Firm
Navigating the complexities of applying for ILR as a bereaved partner requires the expertise of experienced immigration solicitors. DJF Solicitors, a leading London Immigration Law Firm, boasts a team of expert immigration solicitors committed to providing top-notch assistance. Our experienced team has successfully handled numerous cases, earning positive reviews for our exceptional services.
Choosing DJF Solicitors ensures personalised and comprehensive immigration solutions, taking into account the unique circumstances of each case. Whether you need assistance with ILR applications, appeals, or administrative reviews, our experts have the knowledge and skills to guide you through the process efficiently.
FAQs – Indefinite Leave to Remain as a Bereaved Partner
Q: Can I apply for ILR as a bereaved partner if my partner passed away outside the UK?
A: Yes, you can apply, but re-entry might be denied. It’s crucial to address this promptly.
Q: Is a fee waiver possible for ILR as a bereaved partner?
A: Yes, fee waivers are possible in limited circumstances. Refer to the Fee Waiver guidance for more information.
Q: Is English language proficiency required for ILR as a bereaved partner?
A: No, there is no requirement for the Life in the UK test or English language skills in this particular ILR application.
Q: How long does the ILR application for a bereaved partner take to process?
A: You may expect to receive a decision within 6 months of the biometrics appointment.
Contact Us
For professional guidance and assistance with your application, contact our immigration solicitors on 02030110276 or complete our contact form.