ILR As A Bereaved Partner
You can apply for ILR as a bereaved partner if your British citizen / settled partner dies whilst you are in the UK on spouse / partner visa. You can apply for ILR as a bereaved partner any time after your partner’s death. You do not have to wait until your current spouse / partner visa expires. You must be in the UK when you apply for ILR as a bereaved partner.
Section BPILR of Appendix FM makes provision for spouses, civil partner, 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.
Our expert team of ILR solicitors in London, specialise in ILR applications 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. Ask a question to our ILR solicitors for free immigration advice or book an appointment for detailed legal advice concerning your ILR application as a bereaved partner.
Eligibility 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:
- You must be in the UK on spouse / partner visa (but not as their fiancé, fiancée or proposed civil partner) at the time of your partner’s death;
- Your partner must have been either a British Citizen or settled person (holding ILR) at the time of your partner’s death.
- You must have been living together in the UK at the time of your partner’s death.
- You must have intended to live together permanently in the UK.
- Your deceased partner must have been living permanently in another country.
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.
- someone you were living with in a relationship that’s like a marriage or civil partnership.
When to apply for ILR as a bereaved partner?
You can apply for ILR as a bereaved partner any time after your partner’s death but before your current spouse or partner visa expires. You can apply for ILR soon after the death of your partner and do not have to wait until your current partner visa expires. You must be in the UK when you apply.
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 police registration certificate (unless you did not need to register).
- 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.
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.
Super priority service for ILR as a bereaved partner
As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR applications whereby decision on your ILR application as a bereaved partner will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
Our specialist ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).
How can we help?
Our expert team of ILR solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as a bereaved partner, we will carry out all the work on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:
- Assessing your eligibility for ILR as a bereaved partner by considering all your personal circumstances.
- Advising you on the weaknesses and strengths of your ILR application as a bereaved partner.
- Advising you on the relevant documents to be submitted in support of your ILR application.
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
- Completing and submitting the online application form to apply for ILR as a bereaved partner by gathering all the relevant information from you and your bereaved partner.
- Helping you with paying the ILR application fee online.
- Booking your appointment with the application centre for enrolment of your biometrics.
- Where necessary, preparing detailed witness statement of the applicant and deceased partner explaining the background of their relationship and other relevant factors pertaining to the ILR application.
- Preparing a detailed cover letter to introduce and support your ILR application.
- Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics.
- Liaising with the Home Office UKVI for a timely decision on your ILR application.
- Agreed/Fixed Fee
Costs: Average cost from £2,500 – £ 3,5000 (plus VAT at 20%)
Who Will Carry Out the Work?
- Director assisted by a Solicitor
- Associate and Assistant Solicitor assisted by Paralegal and Caseworker
- Casework supervised by Solicitor and Director
- All work supervised by the Director
Estimated Time:
- On average, 15 hours to complete
The exact time required depends on the specifics of your case, such as:
- The amount of supporting evidence needed
- Your language(s)
- Whether you are applying with dependants
- Complexities like past refusals, criminal convictions, or adverse immigration history
Providing sufficient evidence at our first meeting and clearly meeting the applicable Immigration Rules may result in lower costs.
Services Included:
- Initial consultation to consider options and assess the most appropriate application
- Advising on immigration rules/guidance and required evidence
- Advising on submission methods (priority, premium, standard)
- Assessing and advising on supporting evidence
- Assisting with obtaining further evidence, including engaging with third parties (medical experts, banks, employers)
- Preparing the application with supporting evidence
- Preparing detailed representations with an index and finalising the application
- Submitting the application and providing updates on progress
- Advising on the outcome of the application, implications of status, and next steps
Exclusions:
- Home Office fees for making the application, which you will pay directly. Find the updated list of Home Office Fees.
- Other expenses such as VAT and disbursements for medical/expert evidence or barristers.
- Advice and assistance with appeals or reconsiderations if your application is refused.
We will notify you promptly and before incurring any such fees if they are applicable.
Home Office’s application fees
Each application to the Home Office, attracts a specific Home Office’s fee.
For the current fee for your application , please click the following link Uk Home Office’s current application fees
Our timescale to Submit your application:
- Applications typically take six to eight weeks from instruction, depending on the complexity of the applicant’s immigration history. We will inform you as soon as possible if it is likely to take longer.We’ll ensure that your application is submitted on time before your existing leave to remain or leave to enter expires.
The Home Office’s current timescale for Processing your application:
- We cannot guarantee the Home Office’s processing time. However, the currently Home Office’s processing time is between 4 to 6 months in average.
Please note that the estimated hours and fees are based on the provided information. All applications vary, and we can provide a more accurate estimate once we have more details about your specific case.
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