Taylor Hampton Update on Bereavement and Immigration Status
Losing a partner is devastating. For migrants on a partner visa, it can also raise some distress. Fortunately, UK immigration rules provide a path for bereaved partners to apply for Indefinite Leave to Remain (ILR).
Who Can Apply For the Visa?
You can apply if you hold leave to remain as the partner of a British citizen, someone with settled status, or an EU national with pre-settled status under Appendix FM. Partners of those serving in HM Armed Forces possibly be eligible.
The application must be made from within the UK. If you are not in the UK when your partner passes, entry back to the country may be problematic.
Your application must also meet suitability requirements found in Appendix Bereaved Partner. This includes not falling under certain parts of immigration rules, which outlines grounds for refusal. Criminal convictions could also make your case complicated, but discretions may be applied.
Eligibility Requirements
You do not need current leave, but your most recent leave must have been under an eligible category. Proof of your partner’s death, typically a death certificate, must be provided. You must also demonstrate that your relationship was genuine and subsisting at the time of death.
Dependent Child
If you have a child, they can apply for ILR with you. They must meet the requirements outlined in Appendix Children. If they are over the age of 18, they will need to pass English language and Life in the UK tests.
What if the Application is Refused?
If your application is refused, you will not have the right to appeal, as it is not considered a human rights claim. However, you still have a chance to request an internal administrative review or judicial review. Raising human rights issues in your application, especially if children are involved, can make your cases stronger.
At Taylor Hampton Solicitors, we understand the emotional and legal challenges faced by bereaved partners. We’re here to guide you through this difficult time, ensuring your rights are protected.
For More Information
For more information please call the switchboard on 0207 427 5970 or email us at [email protected] and we will be in touch to discuss further.