This relates to bereaved partner ILR in the UK for spouse and a civil partner under the family route as per Appendix FM of Immigration Rules. Accordingly explains the eligibility and suitability requirements for the grant of indefinite leave to remain as a bereaved partner. And also the UK bereavement visa refusal reasons.

Bereaved Partner ILR Requirements 2020

In terms of Section BPILR of Appendix FM if the UK sponsor i.e. spouse/partner dies during the probationary period then the migrant can apply for an ILR as a bereaved partner. In fact, in order to qualify for ILR as a bereaved partner, an applicant needs to demonstrate that the person who was the applicant’s partner at the time of last grant of limited leave has died. Therefore, an applicant needs to meet the requirement of paragraph E-BPILR.1.3. of Appendix FM. However, these rules are not applicable to a spouse or civil partner, whose partner:

1. was not a British citizen or a person settled in the UK
2. had limited leave as a migrant under the Points Based System
3. was their fiancé or fiancée or proposed civil partner
4. was a European Economic Area national exercising Treaty rights in the UK

Eligibility

In fact, the paragraphs E-BPILR.1.2.to 1.4. of the Appendix FM states the eligibility requirements for ILR as a bereaved partner. Therefore, it is critical that the relationship of the applicant with the deceased partner was subsisting. Moreover, the couple intended to live together permanently in the UK at the time of the death of the UK sponsor.

When a person can submit Bereaved Partner ILR Application?

In fact, the immigration rules relating to ILR for bereaved partners are to benefit only those applicants whose partner has died at any point during the qualifying period of limited leave as a partner. Moreover, the bereaved spouse still has an entry clearance or leave to remain as a partner in the UK. Accordingly, the rules are also applicable in such cases where the applicant’s partner has died after the submission of the ILR application and the applicant is awaiting the decision.

The Burden of Proof for Bereaved Partner ILR

The Home Office may refuse bereaved partner ILR application if there are doubts. Perhaps, about the genuine and subsisting nature of the relationship. However, the burden of proof is on the Home Office as the bereaved partner is not in a position to prove the subsistence of the relationship.

Does Home Office make detailed enquiries?

As a matter of fact, the Home Office usually does not make detailed enquiries. Since the bereaved applicant is in some distress, therefore, the Home Office observes care and tact whilst making any necessary enquiries. However, if there are doubts about the subsistence of the marriage or relationship then may make detailed enquiries.

Immigration Services

Now YOU can get the Best Advice and Representation for All Types of UK Visa and Immigration Applications!

Death Certificate Requirements for Bereaved Partner ILR

If an applicant fulfils the suitability and eligibility requirements then may get ILR as a bereaved partner on sight of the partner’s death certificate and without further enquiry.

Bereaved Partner ILR for Overstayers

Indeed, an applicant for ILR as a bereaved partner does not need to comply with the requirements relating to “overstay” in the UK. However, the circumstances of any period of overstaying should relate to a period of bereavement. Therefore, compassionate considerations are applicable due to bereavement.

Can a applicant applies for bereavement visa from outside the UK?

No. Indeed, as per Section BPILR.1.1. of Appendix FM, the requirement for applying ILR as a bereaved partner the applicant needs to make a valid application from inside the UK. Moreover, the bereaved partner also needs to fulfil the eligibility and suitability requirements under Section E-BPILR and S-ILR of Appendix FM of the Immigration Rules.

Grant of Bereaved Partner ILR

If the applicant meets all of the requirements for indefinite leave to remain as a bereaved partner under paragraph BPILR.1.1. then the applicant is likely to get an ILR under paragraph D-BPILR.1.1 of Appendix FM.

Limited Leave to Remain due to Criminality

In order to get an ILR as a bereaved spouse or civil partner, an applicant needs to meet all the suitability requirements as per paragraphs S-ILR.1.2. to 3.1 of Appendix FM. However, if an applicant meets all the suitability requirements except for S-ILR 1.5 and 1.6 relating to criminality then the applicant may get a limited leave to remain in the UK instead of an ILR. Furthermore, the paragraph S-ILR.1.5. relates to imprisonment for less than 12 months. And paragraph S-ILR 1.6 relates to a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the 24 months prior to the application date.

If the applicant does not meet the requirements for ILR as a bereaved partner only because of paragraph S-ILR.1.5. or S-ILR.1.6. then the applicant usually gets a further limited leave to remain for a period not exceeding 30 months under paragraph D-BPILR.1.2. and subject to a condition of no recourse to public funds.

ILR Application after the Limited Leave

If an applicant gets a limited leave to remain under paragraph D-BPILR.1.2. of Appendix FM then the applicant will be eligible to make a further charged application for ILR at any time within the 30-month period if he/she is able to meet the requirements of paragraph S-ILR.1.5. or S-ILR.1.6. Otherwise, the bereaved partner needs to make the next application no more than 28 days before their extant leave is due to expire. However, in some instances, a bereaved partner may not wish to settle in the UK but may prefer to return to his/her country of origin. Accordingly, in such situations, an applicant may get a further leave to remain for 6 months, which is mostly subjected to the same conditions as their last grant of limited leave so as to give the bereaved partner time to sort out his/her affairs.

Refusal of Bereaved Partner ILR Application

Under paragraph D-BPILR.1.3., if the applicant does not meet the requirements for indefinite leave to remain or further leave to remain as a bereaved partner under D-BPILR.1.2., their application will be refused. Certainly, a refusal letter provides for an administrative review. However, there is no right of appeal for bereaved partner ILR application.

Study Abroad

Start YOUR admission process in UK, USA, Australia, NZ, Canada, Europe, Malaysia, Russia, China, Turkey or UAE

 

UK Spouse Bereavement Visa Refusal Reasons

Perhaps, the bereaved partner ILR application refusal reasons are mainly due to:

  1. deportation order
  2. presence of the applicant is not conducive to the public good because of imprisonment for at least 4 years
  3. criminality
  4. conduct, character and associations or other reasons
  5. non-compliance
  6. failure to pay an outstanding charge to the National Health Service (NHS) with a total value of at least £500
  7. lack of maintenance and accommodation undertaking from a sponsor under paragraph 35 of the Immigration Rules or otherwise
  8. the last grant of leave was not as a partner or a bereaved partner of a British citizen or a person settled in the UK
  9. last valid leave to remain in the United Kingdom was as a fiancé(e) or proposed civil partner
  10. the death of a partner
  11. not a genuine and subsisting relationship
  12. doubtful intentions to live together permanently in the UK

Bereaved Partner ILR Statistics 2006-17

During 2006-2017 a total of 902 applicants get ILR as a bereaved partner. Quite clearly, 188 Husbands and 714 Wives gets ILR as a bereaved partner due to the death of spouse, civil, unmarried or same-sex partner during the probationary period.

Year Husbands Wives T. Grants
2006 13 64 77
2007 22 69 91
2008 21 62 83
2009 19 52 71
2010 19 63 82
2011 15 50 65
2012 7 55 62
2013 12 70 82
2014 13 42 55
2015 17 45 62
2016 13 70 83
2017 17 72 89
Total 188 714 902

Enquiry Form

For Case Discussion and Representation

    MY ENQUIRY RELATES TO (required)

    I HAVE COME TO KNOW ABOUT UK VISA BLOG THROUGH (required)
    Social MediaNewspaperFriend or ColleagueInternet SearchGoogleAny Other

    DOCUMENT # 1 Optional (Max Size 2MB)

    DOCUMENT # 2 Optional (Max Size 2MB)

    *What happens next?

    Multilingual qualified London based immigration specialists will get back to you. Perhaps, usually within 2-3 working days. If you have not attached any documents, then the UK based Law firm may ask for the relevant Case-Specific Document(s) such as Refusal Letters, Deportation Orders, Application Forms etc. Moreover, after reviewing the papers and information, the legal advisor may advise a course of action and also quote the fees for processing the application.

    Have a great day!