You can submit your application at any time following your partner’s death; there is no need to wait until your current visa is close to expiring. It is essential that you are in the UK when you apply. The application must meet the eligibility criteria outlined in Appendix FM of the Immigration Rules.

Eligibility for ILR as a Bereaved Partner

Under Section BPILR of Appendix FM, spouses, civil partners, unmarried partners, and same-sex partners who are bereaved during their probationary period can be granted ILR, provided the relationship was ongoing and 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 team of immigration solicitors offers one-off free immigration advice online for your ILR application as a bereaved partner. You can ask questions online or book an appointment for detailed advice and consultation with one of our specialists regarding your ILR application. Expert Solicitors for ILR as a Bereaved Partner

Based in London, our expert ILR solicitors specialize in applications for bereaved partners. We provide professional immigration advice and legal representation, offering fast, friendly, reliable, and fixed-fee services. Our quality of service is reflected in our 5-star Google Reviews rating, with 99% of our clients expressing satisfaction.

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How to Apply for ILR as a Bereaved Partner

1. Complete the online application form SET (O) on the UKVI website.

2. Submit the completed application online and pay the Home Office UKVI fees, unless you have been granted a fee waiver.

3. Book your biometrics appointment through the UKVCAS portal.

4. Upload all supporting documents online before your biometrics appointment.

5. Attend your biometrics appointment with your BRP card, passport, and appointment letter.

6. Wait for a decision on your application, which typically takes 3 to 6 months from the biometrics enrolment date.

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Requirements for ILR as a Bereaved Partner

Applicant in the UK: You must be in the UK when submitting your application.

1- Valid Application: Your application must be valid and correctly submitted.

2- Suitability Requirement: You must not be refused on any of the grounds listed in Section S-ILR: Suitability-indefinite leave to remain.

3- Immigration Status Requirement: Your last grant of limited leave must have been as a partner (excluding fiancé(e) or proposed civil partner) of a British citizen, a settled person in the UK, or someone with limited leave under Appendix EU, or as a bereaved partner.

4- Partner's Death: Your partner must have died while you held limited leave as a partner.

5- Relationship Requirement: At the time of your partner’s death, your relationship must have been genuine and subsisting, with the intention to live together permanently in the UK.

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Definition of a Partner

  • Your spouse (husband or wife)
  • Your civil partner
  • Your unmarried or same-sex partner, with whom you were living in a relationship akin to marriage or civil partnership
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Required Documents for ILR Application as a Bereaved Partner

Your current passport or valid travel identification

1- Any previous passports you have used while in the UK

2- Your biometric residence permit, if applicable

3- Your partner’s death certificate

4- Proof of your relationship, such as your marriage or civil partnership certificate

5- Evidence that you and your partner were living together

Proof of Co-Habitation

You must provide documentation demonstrating that you lived with your partner until their passing, starting from when you were granted permission to stay in the UK as their partner. This should include six official documents addressed to both of you or individually at the same address. These documents may include:

1- Utility bills (gas, water, electricity)

2- Telephone bills

3- Council Tax bills

4- Bank statements and letters

5- Correspondence from government departments

6- TV Licence letters

7- Tenancy agreements

8- Mortgage agreements or statements

9- Letters from your GP, hospital, or health service

Appropriate Work Experience

Options If ILR Is Not Granted

If you do not meet the criteria for ILR as a bereaved partner solely due to paragraphs S-ILR.1.5. or S- ILR.1.6., you may be granted limited leave to remain for up to 30 months, with a condition of no access to public funds. .

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Reapplying for ILR After a Refusal

If your ILR application as a bereaved partner is denied and you do not think you can successfully appeal the decision, you may reapply. Ensure that your new application complies with the requirements of paragraph 39E of the Immigration Rules.

Appropriate Work Experience

Administrative Review of ILR Refusal

Should your ILR application be refused, and you are granted the right to an Administrative Review, you must file for the review within 14 days of the refusal. An Administrative Review can be successful if there was a caseworker error in the decision. Our experienced family visa solicitors can assist you in challenging the refusal through this process. .

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Naturalisation as a British Citizen After ILR

You can apply for British citizenship 12 months after receiving ILR if you have been legally residing in the UK for the five years prior to your application. During this period, your absences from the UK should not exceed 450 days, and you should not have been away for more than 90 days in the 12 months before applying for naturalisation. Our specialist family visa solicitors can provide guidance and support for your naturalisation application following your ILR grant.

Frequently Asked Questions (FAQs) for ILR as a Bereaved Partner

When can I apply for ILR as a bereaved partner?

You can submit your application any time after the death of your partner. There's no need to wait until your current visa is close to expiring, but you must be in the UK when you apply.

No, the Super Priority Service is not available for ILR applications as a bereaved partner, even though it may be listed on the Home Office UKVI website.

No, you are not required to pass the Life in the UK Test or demonstrate English language proficiency.

No, you must be in the UK when you submit your ILR application as a bereaved partner.

If your application is refused, you can file an Administrative Review (AR) to challenge the Home Office UKVI’s decision.

A partner is defined as one of the following:

1- Your spouse (husband or wife)

2- Your civil partner

3- Your unmarried or same-sex partner with whom you lived in a relationship akin to marriage or a civil partnership

False information, representations, or documents have been submitted in your application or in obtaining a supporting document, whether or not you were aware.

1- A required maintenance and accommodation undertaking has not been provided.

2- You previously made false representations or failed to disclose material facts in an application for entry clearance, leave to enter or remain, or a human rights claim.

3- You failed to pay litigation costs awarded to the Home Office.

4- An NHS body has notified the Secretary of State that you have failed to pay charges of at least £500 in accordance with NHS regulations on charges to overseas visitors.



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