Can One Remain In The UK After A Partners Demise?

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.

Can I apply to stay in the UK if my partner dies while I am on a Spouse Visa?

Yes, fortunately the British Government has a process in place that allows for those who have been bereaved while on a ukba 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 (UK ILR)

Or

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.

When can I apply for settle after my partner's death?

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.

What is the fee for applying for Indefinite Leave to Remain after my partner has died?

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.

How do I apply for Indefinite Leave to Remain (ILR) in the UK after my partner has died?

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.

How long does the application process take for Indefinite Leave to Remain (ILR) after my partner has passed away?

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.

What sort of proof will I need to provide that me and my partner were in a relationship?

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.

Where can I get more help?

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.