You may be eligible to apply for indefinite leave to remain (ILR) in the UK if your British citizen or settled partner has passed away.
The term partner can mean a spouse, civil partner or someone you have been living with in a relationship that is similar to a marriage or civil partnership for a minimum period of at least 2 consecutive years.
An individual may be eligible to apply for ILR based on bereavement where:
- Their partner has passed away;
- Their partner was either a British citizen or settled in the UK (i.e. holding ILR or status under the EU Settlement Scheme) at the time of death;
- The individual has permission to be in the UK based on being their partner, under a family visa; and
- The relationship with the partner was genuine.
The ILR application can be made at any time following the partner’s death and prior to the expiry of the individual’s existing family visa. Dependant children under the age of 18 can also be joined on the ILR application.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.