If you are in the unfortunate and desperately sad position of your partner dying while you are in the UK on a Spouse Visa, one of your first worries is likely to be your immigration status. In this article we try to guide you through your rights if you are in this awful position and offer some positive advice on how to proceed. We also look at the application process in more detail.
It is often some of the most worrying of times when a partner dies and also one of the most upsetting. If you are in this position and need advice or support then please get in touch and our staff will be more than happy to help you.
Yes, fortunately the British Government has a process in place that allows for those who have been bereaved while on a Spouse Visa.
There are two options;
If you are in the UK as a partner of a "Settled Person". This is defined as having Indefinite Leave to Remain (ILR)
You are the partner of a British citizen and you have a visa on that basis.
Partner covers Civil Partnership and Marriages, it can also cover long-term relationships. Your partner must have been living permanently in the UK and you must have been in a genuine relationship with them.
It is well known that after your partner dies you're going to have a million and one things that you would need to do. With this in mind, it's handy to know that there is no significant rush on you applying for Indefinite Leave to Remain (ILR) after your partner has died while you are on a Spouse Visa. This is fortunately one less thing to worry about in this situation and you will have a million and one other things to do in the meantime.
As such it does not appear that there is a time limit placed on applying for Indefinite Leave to Remain (ILR) after the death of a partner, but for more information or advice on the process please get in touch today so that our staff will be available to look in to your case.
The fee to apply is from £4,778 for one person and up to 1 dependent, this fee increases depending on the amount of people that are on the application. The fee is payable at the time of application and the application will not be considered unless the fee is paid alongside it. There will also be an extra fee for the Biometric Residence Permit and you will need to attend a Post Office branch in order to give your biometric data.
You must fill out a form as specified and return it, along with the fee, to the address as specified. You will also need to provide biometric data at a branch of the Post Office. The application form will tell you when you need to go and the fee for doing so. The process is quite straightforward, but it may be worth us checking over your application for you to ensure that it is fully compliant and completed correctly. To discuss this service then please give us a call.
The time an application takes can vary wildly - in general you should look for it to take around the same time as most other visa applications which would be around eight weeks. This gives UKVI time to collate all the data that you provided and to make a decision based upon it. This is quite a rough estimate and will depend largely on how straightforward your individual application is.
If you need help with your application or pulling together all of your supporting documentation then please get in touch. Our immigration solicitors are well used to forming applications for Indefinite Leave to Remain (ILR) we can help to take the strain and pressure off of your application and take care of it for you.
There are many different types of articles that UKVI may look for to prove that your relationship is valid, these will normally consist of documents such as bills and any work-related paperwork that may prove you're in the country and were together for enough time.
If you are concerned about the potential paperwork or documentation that may be required to prove a relationship then please get in touch. Our immigration lawyers can help to narrow down the paperwork you would need and what is likely to be acceptable to UKVI and to form the basis of an application for Indefinite Leave to Remain (ILR) after your partner has passed away.
Get in touch today and talk to our immigration lawyers about the ways in which we can help to secure your settlement in the United Kingdom after your partner has died and you are on a spouse or partner Visa. It is important to ensure at this critical stage that you get the right information for your needs - so for more information or advice or to get started working on your case please get in touch today.
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I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
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My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
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I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
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I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
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My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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