ILR As A Bereaved Partner Eligibility Requirements

ILR As A Bereaved Partner

If your British citizen or settled partner passes away while you are residing in the UK on a spouse or partner visa, you may be eligible to apply for Indefinite Leave to Remain (ILR) as a bereaved partner. You are permitted to submit your ILR application any time following your partner’s death, without having to wait until your current spouse or partner visa is close to expiring. It is essential that you are present in the UK at the time of your application. Applications for ILR as a bereaved partner must adhere to the eligibility criteria outlined in Appendix FM of the Immigration Rules.

Bereavement Provision under Appendix FM

According to Section BPILR of Appendix FM, spouses, civil partners, unmarried partners, and same-sex partners who experience bereavement during the probationary period may be granted ILR in the UK. This provision is available if the relationship was genuine and subsisting, and there was an intention to live together permanently in the UK at the time of the sponsor’s death.

Free Immigration Advice for ILR as a Bereaved Partner

At Aden & Co Solicitors, our dedicated team of immigration experts offers complimentary online advice regarding ILR applications for bereaved partners. You can easily reach out to our specialists for free immigration guidance by submitting your questions online. Alternatively, schedule an appointment to receive detailed, personalized immigration advice and consultation from our experienced solicitors.

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Expert Solicitors for ILR Applications

Our proficient ILR solicitors in London specialize in handling applications for bereaved partners. Aden & Co Solicitors is committed to providing top-notch immigration advice and legal representation. Our highly skilled team offers prompt, professional, and reliable services, with fixed-fee options for your ILR application as a bereaved partner. Contact us for expert assistance in navigating your application process with confidence and clarity.

“Aden & Co Solicitors are esteemed experts in UK immigration law, renowned for delivering exceptional UK visa and immigration legal services. Our distinguished team of fully qualified and highly experienced immigration solicitors consistently earns top ratings, reflected in our outstanding 5-star Google Reviews from 99% of our clients. This acclaim underscores our commitment to providing superior legal support and client satisfaction.”

How to Apply for Indefinite Leave to Remain (ILR) as a Bereaved Partner

To apply for Indefinite Leave to Remain (ILR) as a bereaved partner, follow these essential steps:

Complete the Online Application Form: Start by filling out the SET (O) application form available on the UKVI website.
Submit Your Application: Submit the completed ILR application online. Ensure you pay the Home Office UKVI fees unless you have been granted a fee waiver.
Book Your Biometrics Appointment: Create an account on the UKVCAS web portal to book your biometrics appointment.
Upload Supporting Documents: Upload all required supporting documents online before your biometrics appointment.
Attend Your Biometrics Appointment: Go to your scheduled biometrics enrolment appointment. Bring your Biometric Residence Permit (BRP), passport, and biometrics appointment letter.
Wait for a Decision: You will typically receive a decision on your ILR application within 3 to 6 months from the date of your biometrics appointment.

Requirements for ILR as a Bereaved Partner

To be eligible for Indefinite Leave to Remain (ILR) as a bereaved partner, you must meet the following criteria:

Presence in the UK: You must be physically present in the UK when submitting your ILR application as a bereaved partner.
Valid Application: Ensure your application for ILR as a bereaved partner is properly submitted and valid.
Suitability Requirement: Your application must not be subject to refusal under any of the grounds specified in Section S-ILR: Suitability—Indefinite Leave to Remain.
Immigration Status: Your last grant of limited leave should have been as:
- A partner (excluding fiancé(e) or proposed civil partner) of a British citizen, a person settled in the UK, or an individual with limited leave under Appendix EU as per paragraph GEN.1.3.(d); or
- A bereaved partner.
Partner’s Death: The partner referenced in your last limited leave must have passed away.
Genuine Relationship: At the time of the partner’s death, your relationship must have been genuine and subsisting, with both parties intending to live together permanently in the UK.

“You are not required to pass the Life in the UK Test or demonstrate English language proficiency when applying for Indefinite Leave to Remain (ILR) as a victim of domestic violence.”

Understanding Who Qualifies as a ‘Partner’ for ILR Applications

In the context of applying for Indefinite Leave to Remain (ILR) as a bereaved partner, a ‘partner’ is defined as one of the following:

Your Spouse: This includes your husband or wife, as recognized under UK law.
Your Civil Partner: This refers to a partner with whom you have entered into a legally recognized civil partnership.
Your Unmarried or Same-Sex Partner: This encompasses a partner with whom you were living in a relationship akin to a marriage or civil partnership, regardless of formal legal recognition.

Essential Documents Required for ILR Application as a Bereaved Partner?

When applying for Indefinite Leave to Remain (ILR) as a bereaved partner, it is crucial to provide a comprehensive set of documents. Aden & Co Solicitors can guide you through this process to ensure your application is complete and accurate. The key documents you may need to submit include:

Current Passport or Valid Travel Identification: A valid passport or another acceptable form of travel identification.

Previous Passports: Any passports you held during your stay in the UK, providing a complete history of your travel documents.

Biometric Residence Permit: If applicable, include your biometric residence permit to verify your current immigration status.

Partner’s Death Certificate: An official death certificate of your partner to confirm their passing.

Proof of Relationship: Documentation such as a marriage or civil partnership certificate to establish your relationship.

Proof of Cohabitation: Evidence showing that you and your partner lived together, which may include utility bills, tenancy agreements, or joint bank statements.

How to Prove You Were Living Together?

You need to demonstrate that you lived with your partner until their death, starting from when you were granted permission to be in the UK as their partner. Provide at least six official documents addressed to either or both of you at the same address, including:

Utility bills (gas, water, electricity)
Telephone bills
Council Tax bills
Bank statements and correspondence
Government department letters
TV Licence letters
Tenancy agreements
Mortgage agreements or statements
Letters from your GP or health services

Limited Leave to Remain Instead of ILR?

If you do not meet the criteria for ILR due to specific paragraphs (S-ILR.1.5 or S-ILR.1.6), you may be granted further limited leave to remain for up to 30 months, subject to a no recourse to public funds condition.

Reapplying as a Bereaved Partner After Refusal?

If your ILR application is refused, you may reapply if you believe you can address the grounds for refusal. Ensure your new application complies with the requirements outlined in paragraph 39E of the Immigration Rules.

Apply for Administrative Review of ILR Refusal as a Bereaved Partner?

If your ILR application is refused and you have the right to an Administrative Review, submit your request within 14 days of the decision. An Administrative Review can be successful if the refusal was due to an error by the caseworker. Aden & Co Solicitors can provide expert legal representation for your Administrative Review.

Naturalisation as a British Citizen After ILR as a Bereaved Partner?

You may apply for British citizenship 12 months after receiving ILR if you have been lawfully resident in the UK for the last 5 years. Ensure your absences do not exceed 450 days in the past 5 years or 90 days in the last 12 months. Aden & Co Solicitors can assist with your naturalisation application following the grant of ILR.

How Aden & Co Solicitors Can Assist

Aden & Co Solicitors offer expert immigration advice and legal representation for your ILR application as a bereaved partner on a fixed-fee basis. Our services include:

Requirement Guidance: Our expert immigration solicitors will provide detailed advice on the specific requirements necessary for the success of your ILR application as a bereaved partner.

Document Preparation: Our immigration lawyers will create and send you a thorough list of all supporting documents required for your ILR application, ensuring you understand exactly what is needed.

Document Assessment: We will meticulously review your documents to ensure they comply with the Immigration Rules and adequately support your ILR application.

Application Form Completion and Submission: Our team will accurately complete and submit the relevant application form for your ILR as a bereaved partner online, ensuring all information is correct and complete.

Biometrics Appointment Booking: After your application is submitted, we will arrange your biometrics appointment with the application centre, handling all scheduling details.

Cover Letter Preparation: Our specialist immigration solicitors will draft a comprehensive cover letter in support of your application, detailing how you meet all legal requirements for ILR approval.

Document Upload: Prior to your biometrics appointment, we will upload all necessary supporting documents online to be reviewed as part of your ILR application.

Follow-Up Services: Our immigration lawyers will manage all follow-up tasks and communications with the Home Office UKVI until a decision is made on your ILR application.

This thorough approach ensures that every aspect of your ILR application as a bereaved partner is handled with precision and expertise.

Why Choose Aden & Co Solicitors as a Bereaved Partner ILR?

When selecting legal representation for your ILR application as a bereaved partner, Aden & Co Solicitors offers several compelling advantages:

Exceptional Legal Expertise: Our distinguished team of family visa solicitors in London delivers top-tier legal services for ILR applications. The excellence of our immigration services is reflected in our 5-star Google Reviews, with 99% of clients praising our expertise and support.

Remote Legal Services: We offer seamless remote legal assistance, enabling you to receive expert advice and representation without needing to visit our London office. Utilizing advanced technology, our team efficiently handles your ILR application from anywhere, saving you time and travel expenses. However, if you prefer face-to-face consultations, we welcome you to visit our offices.

Available Seven Days a Week: Our office operates seven days a week, ensuring that we provide dedicated and consistent support for your ILR application as a bereaved partner, whenever you need it.

Highly Qualified Specialists: All casework on your ILR application is managed by our fully qualified and experienced immigration solicitors, who possess extensive knowledge and a proven track record in handling complex ILR cases.

Complimentary Online Immigration Advice: For initial inquiries, we offer free immigration advice online through our website’s enquiry form. This service helps you gain a preliminary understanding of your situation at no cost.

Affordable Fixed Fees with Payment Options: We provide transparent and competitive fixed fees for your ILR application. To facilitate budgeting, you can pay our fee in two instalments: half when we commence work on your application and the remaining balance once your ILR application is fully prepared and ready for submission to the Home Office UKVI.

How much ILR Application Costs for Bereaved Partners?

At Aden & Co Solicitors, we provide clear and transparent pricing for processing your Indefinite Leave to Remain (ILR) application as a bereaved partner. Here’s a breakdown of the costs involved:

Our fixed fees for processing ILR applications as a bereaved partner range from £1,000 + VAT to £1,500 + VAT. This fee covers all aspects of your application, from document preparation to follow-up work. The final fee depends on the complexity of your case.

“If you are concerned about the costs of full-service immigration assistance, Aden & Co Solicitors offers affordable options to suit your needs. You can choose from the following services:

Book an appointment online for a comprehensive one-off consultation for a fixed fee of £100 (including VAT). This service provides expert advice tailored to your specific situation, helping you navigate the ILR application process. Ensure your application is thorough and accurate with our document checking service, available for a fixed fee of £300 (including VAT). This service includes a detailed review of your supporting documents to ensure they meet all necessary requirements.”

UKVI Fees for Your ILR Application as a Bereaved Partner

When applying for Indefinite Leave to Remain (ILR) as a bereaved partner, you will need to cover both our fixed fees and the Home Office UKVI application fees. The UKVI fee for an ILR application is £2,885.

Additional Services Offered by Aden & Co Solicitors

Family Visa UK

Administrative Review of UK Visa Refusal

We provide expert support for challenging visa refusals through Administrative Review processes.

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

Here are some of the most frequently asked questions (FAQs) regarding an application for ILR as a bereaved partner:

When can I apply for ILR as a bereaved partner?

You can apply for ILR as a bereaved partner at any time following your partner’s death. There is no need to wait until your current visa expires. However, you must be in the UK at the time of your application.

Can I apply for ILR as a bereaved partner through the Super Priority Service?

No, the Super Priority Service is not available for ILR applications as a bereaved partner. Despite any indications on the Home Office UKVI website, this service is not offered for this category.

Do I need to pass the Life in the UK Test or provide proof of English language skills for ILR as a bereaved partner?

No, there is no requirement to pass the Life in the UK Test or demonstrate English language proficiency for ILR applications as a bereaved partner.

Can I apply for ILR as a bereaved partner from outside the UK?

No, applications for ILR as a bereaved partner must be submitted from within the UK. You cannot apply from abroad.

How can I challenge the refusal of my ILR application as a bereaved partner?

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

What is the definition of a ‘partner’ for ILR applications as a bereaved partner?

For the purposes of applying for ILR as a bereaved partner, a ‘partner’ includes:

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

What are the mandatory suitability grounds for refusal of an application for ILR as a bereaved partner?

When applying for Indefinite Leave to Remain (ILR) as a bereaved partner, certain suitability grounds can lead to the refusal of your application. Aden & Co Solicitors outlines the mandatory grounds for refusal below:

Deportation Order: The application will be refused if the applicant is currently subject to a deportation order.
Serious Criminal Conviction:
- If the applicant has been sentenced to imprisonment for at least 4 years for an offence, their presence in the UK is deemed not conducive to the public good.
- If the applicant has been sentenced to imprisonment for 12 months or more, but less than 4 years, their presence is not conducive unless 15 years have elapsed since the end of their sentence.
- If the applicant has been sentenced to imprisonment for less than 12 months, their presence is not conducive unless 7 years have passed since the end of their sentence.
- Recent Criminal Activity:
- If the applicant has been convicted of or admitted an offence within the last 24 months for which they received a non-custodial sentence or out-of-court disposal recorded on their criminal record.
Persistent Offending or Serious Harm: If the Secretary of State believes the applicant’s offending has caused serious harm or if the applicant is a persistent offender showing a particular disregard for the law.
Unacceptable Conduct: The applicant’s presence in the UK is considered not conducive to the public good due to their conduct (including convictions outside the scope of paragraphs S-ILR.1.3. to 1.6.), character, associations, or other factors, making it undesirable to permit them to remain in the UK.
Non-Compliance: The application will be refused if the applicant has failed, without reasonable excuse, to:
- Attend an interview
- Provide requested information
- Provide physical data
- Undergo a medical examination or provide a medical report
Refugee Convention Exclusions:
- If the Secretary of State has made a decision under Article 1F of the Refugee Convention to exclude the applicant, or under paragraph 339D of these Rules to exclude them from humanitarian protection.
- If the Secretary of State has previously determined that the applicant is a danger to the security of the UK under Article 33(2) of the Refugee Convention.
- If the applicant is deemed a danger to the UK community due to a final judgment of a particularly serious crime under Article 33(2) of the Refugee Convention.
Legal and Practical Barriers to Removal: When assessing whether the applicant’s presence is not conducive to the public good, any legal or practical reasons preventing their removal from the UK must be disregarded.

What are the discretionary suitability grounds for refusal of an application for ILR as a bereaved partner?

When applying for Indefinite Leave to Remain (ILR) as a bereaved partner, Aden & Co Solicitors emphasizes that an application may be refused on suitability grounds if any of the following conditions apply:

False Information or Document Misrepresentation:
- False Submissions: The applicant will generally be refused ILR if any false information, misrepresentations, or fraudulent documents have been submitted in relation to the application. This includes false details provided to obtain documents used in support of the application.
- Failure to Disclose Material Facts: The applicant’s failure to disclose material facts relevant to the application can also result in refusal.
Maintenance and Accommodation Undertaking:
- Non-Compliance: If a maintenance and accommodation undertaking has been requested under paragraph 35 of the Immigration Rules and has not been provided, the application may be refused.
Previous Misrepresentation or Non-Disclosure:
- Previous Applications: If the applicant has made false representations or failed to disclose material facts in any previous applications for entry clearance, leave to enter, leave to remain, or a variation of leave, or in previous human rights claims, this can lead to refusal. This also applies if false information was used to obtain documents from the Secretary of State or a third party required for such applications or claims.
- Documents Indicating Right to Reside: If the applicant previously made false representations or failed to disclose material facts to obtain a document indicating a right to reside in the UK, the application may be refused.
Unpaid Litigation Costs:
- Litigation Costs: The applicant may be refused if they have failed to pay litigation costs awarded to the Home Office.
Outstanding NHS Charges:
- Unpaid Charges: If one or more NHS bodies have notified the Secretary of State that the applicant has not paid charges in accordance with NHS regulations for overseas visitors, and the total outstanding charges amount to at least £500, this can lead to refusal.