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INDEFINITE LEAVE TO REMAIN FOR BEREAVED SPOUSE/ PARTNER

This is a service for those with temporary permission to remain in the UK while being a partner or spouse of a British National or person with a settled status in the UK who has passed away.

 

Your partner must have either:

 

  • been a British citizen
  • had indefinite leave to remain in the UK
  • been from the EU, Switzerland, Norway, Iceland or Liechtenstein and had pre-settled status

 

Your permission to be in the UK must have been based on being their partner as part of a family visa. 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

 

Your permission to be in the UK must be based on your relationship. Before your partner died, you must have got a family visa as their partner (but not as their fiancé, fiancée or proposed civil partner).

 

When your partner died, you must have:

 

  • been living together in the UK

  • intended to live together permanently in the UK

 

Your partner must not have been living permanently in any another country.

FAQs:

You can apply any time after your partner’s death. You do not have to wait until your current visa expires.

You must be in the UK when you apply.

Getting indefinite leave to remain means you can continue to live and work in the UK for as long as you like. It will also mean you’re eligible:

  • to work in any job
  • to run a business
  • for public services, such as healthcare and schools
  • for public funds and pensions
  • for British citizenship, if you meet the requirements

You do not need to take the Life in the UK Test or prove your English language skills.

Your application might be refused if, for example, you’ve:

  • got a criminal record in the UK or another country
  • provided false or incomplete information to the Home Office
  • broken UK immigration law

Your children may be eligible to get settlement (indefinite leave to remain in the UK) at the same time as you.

You can include your children as ‘dependants’ on your application form if all the following are true:

  • they have permission to be in the UK based on being your partner’s dependant
  • they were under 18 when this permission was given – it does not matter if they’ve turned 18 since
  • they’re going to live with you in the UK
  • they’ll have somewhere to live and be financially supported without using public funds
  • they’re not married or in a civil partnership

 

Your child’s application can be refused, for example if they’ve broken UK immigration law.

Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.

 

White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for Indefinite Leave to Remain as a Bereaved Partner/ Spouse. We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk.

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