Losing a loved one is incredibly challenging, and dealing with immigration matters during this time can feel overwhelming. If your partner, who was a British citizen or settled person, has passed away, you may be eligible to apply for ILR. Once you obtain Indefinite Leave to Remain, you can enjoy many benefits, such as the ability to work and study without restrictions, and the possibility of applying for British citizenship after a specified period.
At Morgan Smith Immigration, we understand the complexities of immigration law, especially during periods of grief. In this article, we will guide you through the process of applying for indefinite leave to remain (ILR) as a bereaved partner.
Overview and Eligibility
Indefinite Leave to Remain (ILR) allows you to settle in the UK permanently. If your partner has passed away, you may be eligible to apply for ILR. Here are the key points:
- Eligibility Criteria:
- Your partner must have been one of the following:
- A British citizen.
- Someone with indefinite leave to remain in the UK.
- A citizen of the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status.
- You must have been in the UK as their partner under a family visa.
- Your partner must have been one of the following:
- When to Apply:
- You can apply any time after your partner’s death.
- You do not need to wait until your current visa expires.
- You must be in the UK when you apply.
- Application Fee:
- The application fee for ILR is £2,885.
- Biometric information (fingerprints and a photo) will be taken during the process, but there is no additional fee for this.
Benefits of ILR
If your application is approved, you will have the following rights:
- Work: You can work in the UK.
- Business: You can run a business.
- Study: You can study.
- Public Services: Access public services such as healthcare and schools.
- Public Funds: Apply for benefits and pensions.
- British Citizenship: After a minimum of 12 months, you can apply for British citizenship.
Required Documents
To support your application, you must provide the following documents:
- Current Passport or Valid Travel Identification:
- A copy of your current passport or other valid travel ID.
- Previous Passports:
- Any previous passports you have had while living in the UK.
- Biometric Residence Permit (if applicable):
- If you have a biometric residence permit (BRP), include a copy.
- Partner’s Death Certificate:
- A copy of your partner’s death certificate.
- Proof of Relationship:
- Your certificate of marriage or civil partnership.
- Proof of Cohabitation:
- Provide 6 official documents addressed to both of you, or each of you individually, at the same address.
- Include various types of documents, such as:
- Gas, water, or electricity bills
- Telephone bills
- Council Tax bills
- Bank statements and letters
- Letters from a government department
- Letters related to your TV Licence
- Tenancy agreements
- Mortgage agreements or statements
- Letters from your GP, hospital, or health service
Applying for Indefinite Leave to Remain (ILR) as a bereaved partner offers a pathway for individuals who have lost their British citizen or settled partner while residing in the UK under a spouse or partner visa. By meeting the requirements and providing the right documents, you can apply for ILR and stay in the UK. Remember that you do not need to take the Life in the UK Test or prove your English language skills.
Remember, you do not need to take the Life in the UK Test or prove your English language skills.
How can we help you?
Coping with the loss of a partner is undoubtedly a challenging journey. However, during this difficult time, remember that you are not alone. Our team of dedicated lawyers is here to support you every step of the way. If you are considering applying for Indefinite Leave to Remain (ILR) as a bereaved partner, do not hesitate to reach out to us.
Morgan Smith Immigration, an award-winning firm with over 20 years of expertise in UK Visa and Immigration, is here to assist you with all your visa and immigration needs. For any enquiries or assistance, please contact us at 0203 959 3335 or send an email to [email protected]. Stay informed and up to date by following us on Twitter, Instagram, Facebook, LinkedIn, and TikTok. Also, don’t forget to subscribe our channel on YouTube.
