You can apply for ILR as a bereaved partner if your British citizen / settled partner dies whilst you are in the UK on a spouse/partner visa. You can apply for ILR as a bereaved partner any time after your partner’s death and you do not have to wait until your current spouse/partner visa is about to expire. You must be in the UK when you apply for ILR as a bereaved partner. An application for ILR as a bereaved partner is made in accordance with eligibility requirements as set out in Appendix FM to the Immigration Rules.
Section BPILR of Appendix FM makes provision for spouses, civil partners, unmarried partners, same-sex partners who are bereaved during the probationary period to be granted indefinite leave to remain (ILR) in the UK, provided that the relationship was subsisting and that they intended to live together permanently in the UK at the time of the sponsor's death.
Free Immigration Advice For ILR As A Bereaved Partner
Our specialist team of immigration solicitors can provide one-off free immigration advice online regarding your application for ILR as a bereaved partner. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for ILR as a bereaved partner.
Specialist Solicitors For ILR As A Bereaved Partner
Our expert team of ILR solicitors in London specialises in ILR applications for bereaved partners. We can provide expert immigration advice and legal representation for your ILR application as a bereaved partner. Our highly experienced ILR solicitors can provide fast, friendly, reliable, and fixed-fee immigration services concerning your ILR application as a bereaved partner.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
How To Apply For ILR As A Bereaved Partner?
To apply for ILR as a bereaved partner, you should take the following steps:
- Complete the online application form SET (O) on the UKVI website;
- Submit the completed ILR application online by paying the Home Office UKVI fees for the ILR application unless you have been granted a fee waiver for your ILR application as a bereaved partner;
- Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
- Upload all the supporting documents online before the biometrics enrolment appointment date;
- Attend your biometrics enrolment appointment. You should take your BRP card, your passport and your biometrics appointment letter with you when you attend your biometrics appointment;
- Wait for a decision on your ILR application which will be made normally within 3 to 6 months from the biometrics enrolment date.
What Are The Requirements For ILR As A Bereaved Partner?
To qualify for Indefinite Leave to Remain (ILR) as a bereaved partner, you should meet the following eligibility requirements:
Applicant in the UK: The applicant must be in the UK at the time of submission of an application for ILR as a bereaved partner;
Valid application: The applicant must have made a valid application for indefinite leave to remain as a bereaved partner;
Suitability requirement: The applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability-indefinite leave to remain;
Immigration status requirement: The applicant’s last grant of limited leave must have been granted under this Appendix as-
- a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
- a bereaved partner.
Partner's death: The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.
Relationship requirement: At the time of the partner’s death, the relationship between the applicant and the partner must have been genuine and subsisting, and each party must have intended to live permanently with the other in the UK.
You do not need to pass the Life in the UK Test or prove your English language skills.
A ‘partner’ is one of the following:
- your spouse (husband or wife)
- your civil partner
- your unmarried or same-sex partner with whom you were living in a relationship that’s like a marriage or civil partnership
What Are The Documents You Must Provide?
To apply for ILR as a bereaved partner, you may have to provide the following documents inter-alia:
- a current passport or other valid travel identification
- any previous passports you’ve had while living in the UK
- your biometric residence permit, if you have one
- your partner’s death certificate
- proof of your relationship, for example, your certificate of marriage or civil partnership
- proof that you and your partner were living together
What Is The Proof That You Were Living Together?
You need documents to show that you lived with your partner until they died, starting from when you got permission to be in the UK as their partner. You should provide 6 official documents addressed to both of you or each of you individually, at the same address. The documents to prove living together can include as many different types of documents as you can, for example:
- gas, water or electricity bills
- telephone bills
- Council Tax bills
- bank statements and letters
- letters from a government department
- letters about your TV Licence
- tenancy agreements
- mortgage agreement or statements
- letters from your GP, a hospital or health service
Can I Be Granted Limited Leave To Remain Instead Of ILR?
If the applicant does not meet the requirements for indefinite leave to remain as a bereaved partner only because paragraph S-ILR.1.5. or S-ILR.1.6. applies, the applicant will be granted further limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds.
Can I Re-Apply For ILR As A Bereaved Partner After The Refusal?
You may be able to re-apply for ILR as a bereaved partner if your application for ILR as a bereaved partner has been refused by the Home Office UKVI and you do not believe you can successfully challenge the refusal of your ILR application. Any such fresh ILR application should meet the requirements as set out in paragraph 39E of the Immigration Rules.
Can I Apply For an Administrative Review Of the Refusal Of ILR As A Bereaved Partner?
If your application for ILR as a bereaved partner has been refused by the Home Office UKVI and you have been given the right to Administrative Review against the refusal decision, you should file an Administrative review within 14 days of the refusal decision. The Administrative Review against the refusal decision can be successful on the grounds that the decision maker has made a caseworker error in deciding your application for ILR as a bereaved partner. Our specialist family visa solicitors can provide the required legal services to represent you in your Administrative Review to challenge the refusal decision.
When Can I Naturalise as a British Citizen After ILR As A Bereaved Partner?
You can apply for naturalisation as a British citizen 12 months after you have been granted Indefinite Leave to Remain (ILR) if you have been lawfully resident in the UK for the last 5 years preceding the date of application. Your absences from the UK during the last 5 years before the date of application for naturalisation should not exceed 450 days. Also, you must not have been absent from the UK for more than 90 days in the last 12 months before the date of your application for naturalisation as a British Citizen. Our specialist team of family visa solicitors can provide immigration advice and legal services for your application for naturalisation as a British Citizen after the grant of ILR as a bereaved partner. Read More
How Can We Help?
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on a fixed fee basis in relation to your application for ILR as a bereaved partner. Our fixed fee for your application for ILR as a bereaved partner will cover all the work of our immigration solicitors on your application for ILR as a bereaved partner until a decision is made by the Home Office UKVI on your application for ILR as a bereaved partner. The casework to be carried out by our immigration solicitors in relation to your application for ILR as a bereaved partner will entail the following:
Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your application for ILR as a bereaved partner to succeed.
Advice on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for ILR as a bereaved partner;
Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for ILR as a bereaved partner are in accordance with the requirements of the Immigration Rules.
Completing the application form and submitting your application: Our immigration lawyers will complete the relevant application form for your ILR application as a bereaved partner and submit your application online.
Booking an appointment with the application centre: After you submit your application for ILR as a bereaved partner online, our immigration lawyers will book an appointment with the application centre for you to enrol your biometrics.
Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for ILR as a bereaved partner, explaining how all the legal requirements are met for the approval of your application.
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for ILR as a bereaved partner.
Follow-up work: Our immigration lawyers will carry out all the follow-up work until a decision by the Home Office UKVI on your application for ILR as a bereaved partner.
Why Choose Us For ILR As A Bereaved Partner?
There are a number of reasons why you can choose our family visa solicitors and lawyers in London to handle your application for ILR as a bereaved partner from inside the UK. The main reasons include the following:
High-Quality Legal Services: Our team of the best family visa solicitors in London provides high-quality legal services for ILR as a bereaved partner from inside the UK. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist family visa solicitors and lawyers can provide you with expert immigration advice and legal representation remotely from our offices in London. Using modern technology, our specialist family visa solicitors and lawyers can handle your application for ILR as a bereaved partner remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to be able to offer our legal services for ILR application remotely to save your time and travel costs.
Open 7 Days A Week: We are open seven days a week and pride ourselves on providing dedicated immigration advice and legal representation for ILR applications as a bereaved partner.
All Work Carried Out By Qualified Specialist Immigration Solicitors: Our specialist team of fully qualified and experienced family visa solicitors, who have extensive experience dealing with ILR applications, will carry out all the casework on your application for ILR as a bereaved partner.
Free Immigration Advice Online: Our specialist team of family visa solicitors and lawyers can provide one-off free immigration advice online for ILR through our website enquiry form.
Fixed Fees With Payment Plan: Our family visa solicitors and lawyers charge reasonable and affordable fixed fees for an application for ILR as a bereaved partner with the option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your ILR application and the remaining half when we have fully prepared the ILR application and it is ready for submission to the Home Office UKVI.
How Much Does ILR As A Bereaved Partner Cost?
The costs associated with your ILR application as a bereaved partner are outlined below:
Our Fixed Fees for Your ILR Application
Our fixed fee for processing your ILR application as a bereaved partner ranges from £1,000 + VAT to £1,,500 + VAT. Our fixed fee will cover all our work on your application including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your ILR application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the ILR application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your ILR Application
In addition to our fixed fee for assisting you with your ILR application as a bereaved partner, you are also required to pay the Home Office UKVI fees, which are £2,885.
What Are Our Other Related Services?
Frequently Asked Questions (FAQs) For ILR As A Bereaved Partner
Following are the various Frequently Asked Questions (FAQs) about an application for ILR as a bereaved partner:
You can apply any time after your partner’s death. You do not have to wait until your current visa expires.
You must be in the UK when you apply.
No, you cannot apply for ILR as a bereaved partner through Super Priority Service because the Home Office UKVI do not offer Super Priority Service for ILR as a bereaved partner despite publishing on their website that such service is available.
No, you must not pass the Life in the UK Test or prove your English language skills.
No, you cannot apply for ILR as a bereaved partner from outside the UK. You must be in the UK at the time of the ILR application.
You can challenge the refusal of your application for ILR as a bereaved partner by filing an Administrative Review (AR) of the Home Office UKVI refusal decision.
A ‘partner’ is one of the following:
- your spouse (husband or wife)
- your civil partner
- your unmarried or same-sex partner with whom you were living in a relationship that’s like a marriage or civil partnership
The applicant will be refused ILR as a bereaved partner on grounds of suitability if any of the paragraphs apply:
- The applicant is currently the subject of a deportation order.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
- The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.
- The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
- The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
- The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-ILR.1.3. to 1.6.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
- The applicant has failed without reasonable excuse to comply with a requirement to-
- attend an interview;
- provide information;
- provide physical data; or
- undergo a medical examination or provide a medical report.
- The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:
- has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
- considers that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
- has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.
When considering whether the presence of the applicant in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.
The applicant will normally be refused ILR as a bereaved partner on grounds of suitability if any of the paragraphs apply:
- Whether or not to the applicant’s knowledge –
- false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
- there has been a failure to disclose material facts in relation to the application.
- A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
The applicant may be refused on grounds of suitability if any of the paragraphs apply:
- The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).
- The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.
- The applicant has failed to pay litigation costs awarded to the Home Office.
- One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.
