ILR as a Bereaved Partner

If your partner dies and you have not yet become settled; there is a route for migrants in these circumstances to apply for indefinite leave to remain. Only those with leave to remain in the UK as a partner of a British national or a settled person are eligible to apply. Those in the UK as fiancés or proposed civil partners are not eligible. There are also different rules for those who are partners of EEA nationals.

The applicant must be in the UK. If the couple is overseas on holiday when the British/settled partner dies, this may cause difficulty. In theory, a potential applicant could be refused entry as they would no longer meet the requirement of being in a relationship with their partner. It would be a harsh and unsympathetic decision, but legally sound.

A valid application is made using form SET(O) available on the Home Office website. It is also a requirement to submit a valid passport and pay the application fee.

You can apply to settle in the UK if your partner has died, and you and your partner were still living together and intending to live permanently together at the time of their death.

There is no requirement to have leave to remain at the date of the application. In other words, the bereaved partner can apply even if their visa has technically expired and they have become an "overstayer". This recognises that those who have lost a loved one have more important things to think about than their immigration status. The Home Office guidance on the rules states that any period of overstaying must only relate to a period of bereavement.

We are experts in dealing with all types of ILR applications. We will carry out all the work on the application until the decision is received from the Home Office UKVI.

Please contact our UK immigration lawyer to fully assess your eligibility for ILR by considering all the relevant information so that we can advise you on the chances of success in your application in particular if you have any exceptional circumstances or any adverse personal or immigration history.

ILR Requirements & Eligibility

There are certain requirements which must be fulfilled for someone to become eligible to apply for Indefinite Leave to Remain.

The most fundamental requirements are:

• Continuous Residence
• English Language Requirement
• Life in the UK Test
• Suitability Requirement 

You must also meet all the other eligibility requirements. Please contact us for initial assessment to determine your eligibility, and to discuss the options.

What is 'Continuous Residence' in the UK for ILR?

The continuous lawful residence in the UK  is a main requirment of Indefinite Leave to Remain (ILR) applications. Continuous residence means the time you've spent in the UK without gaps.

ILR applicants are required not to be absent from the UK for more than 180 days in any 12 months during the ILR qualifying period. Such restriction of 180 days does not apply to ILR applications as family members of British Citizens and settled persons.

'English Language' Requirement for ILR Applications

If you are applying for Indefinite Leave to Remain to settle in the UK and you’re 18 or over then you might need to prove your knowledge of the English language.

ILR applicants from non-English speaking countries need to prove their knowledge of English by passing a secure English language test (SELT) taken through a Home Office approved English language test centre.

You can prove your knowledge of the English language by having either an English qualification at B1, B2, C1, or C2 level or a degree taught in English.

You do not need to prove your knowledge of English if you are aged 65 or over or unable to, because of a long-term physical or mental condition.

Your ILR application will be refused if you send the wrong English language qualifications.

'Life in the UK Test' Requirement for ILR Applications

The Life in the UK test is a compulsory requirement for the Indefinite Leave to Remain applications.

The main object of the Life in the UK test is to prove that the applicant has adequate knowledge of British life such as British values, history, traditions and everyday life.

Life in the UK test is a computer-based multiple-choice question test based on the Life in the UK handbook.

You will have 45 minutes in total to answer 24 multiple-choice questions and You must score 75% or more to pass the test.

You have to pass the Life in the UK test in order to apply for Indefinite Leave to Remain (ILR) unless you:

• are under 18
• are 65 or over
• have passed it before
• have a long-term physical or mental condition

The 'Suitability' Requirement of ILR Applications

Your application should not fall for refusal on the general grounds of refusal and many other factors may form part of the assessment of your ILR application.

These factors may include your personal history, grounds of public interest as to why it would be undesirable to grant you ILR, your immigration history as you must not have breached the conditions attached to your leave, any period of overstay unless paragraph 39E is applicable and any other adverse factors indicating you are not a person of good character.