Indefinite Leave to Remain (ILR) as Bereaved Partner
You can apply to settle in the UK if;
you currently have temporary permission to stay as the husband, wife or civil partner of a person present and settled here who has died; or
you currently have temporary permission to stay as the unmarried or same-sex partner of a person present and settled here who has died, and you and your partner were still living together and intending to live permanently together at the time of their death.
Your partner must have been present and settled in the UK when they died.
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.
These Rules do not apply to persons admitted to the UK as the spouse, civil partner, unmarried partner, same sex partner of a person who has only limited leave to enter or remain in the UK (with the exception of those who had leave as the spouse of a person in the UK with refugee leave or humanitarian protection) or who is an European Economic Area national exercising Treaty rights here. The Rules relating to bereaved partners do not apply to fiancé(e)s and proposed civil partners.
If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.
For more information or to book an initial consultation, please contact us.