The bereaved partner – applyin

The bereaved partner – applying for Indefinite Leave to Remain

The loss of a loved one can be traumatic enough without having to consider what effects it will have on your future in the UK. Fortunately, the UK immigration rules make allowance for dependants in such unfortunate circumstances

The bereaved partner – applyin

The spouse/civil partner or unmarried partner of a person who has died but had previously been present and settled in the UK will qualify to apply for Indefinite Leave to Remain (ILR), provided the following criteria are met inter alia:

– the applicant must be in the UK
– the applicant’s last grant of limited leave must have been as a partner of a British citizen, or a person settled in the UK
– at the time of the partner’s death the relationship between the two parties must have been genuine and subsisting, and each of the parties must have intended to live together permanently in the UK.

There are thus no requirements to take the Life in the UK test or the English Language test. There are also no qualifying periods, and the bereaved partner can apply as soon as the partner has passed away.

Unfortunately, persons with limited leave, i.e. a fiancé or proposed civil partner, will not qualify to apply for Indefinite Leave to Remain as a bereaved partner, and will have to seek alternative routes to continue their stay in the UK.

If you need any further information, or would like to obtain information for your unique circumstances, please contact our offices. or