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Indefinite Leave to Remain (ILR) as a Bereaved Partner

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Indefinite Leave to Remain

  • Indefinite Leave to Remain (ILR) in the UK is also known as Settlement. ILR is the last step for any non UK national/citizen to fulfil before becoming eligible to apply for a British Passport.
  • The main requirement under any category to apply for ILR is to have spent 5 years lawfully in the UK. This can be achieved through different visa routes e.g Spouse visa, Point based system application.
  • Depending on which route you are applying under, there may be additional requirements e.g. to meet the minimum income threshold or prove you have sufficient funds to house and support you and any dependants or in a investor PBS route, you must show investment of funds has taken place.
  • ILR can also be granted under the 10 year route, known as long residency, those who have lived in the UK lawfully for a continuous period of 10 years.
  • ILR may have been granted to you on discretionary grounds g. due to illness, or caring, or under exceptional circumstances where you were perhaps unable to meet the requirements of the immigration rules, and if you have lived continuously in the uK for 10 years you can apply for ILR
  • Applicant will need to pass the Life in the UK test and complete the English language test CEFR B1

ILR Bereaved partners & Spouses

You can apply for indefinite leave to remain as a bereaved partner if:

  • Currently, you have temporary permission to live as a wife, husband, same-sex, unmarried or civil partner of a settled person or a British national who has died.
  • You and your partner were living together and intended to live permanently with each other at the time of death.
  • Your partner was present and settled in the United Kingdom when they passed away.
  • You do not need to wait to complete the 5 year probation period
  • Applicant does not need to take the Life in the UK test or pass the English language test

Frequently Asked Questions

When can I register for Indefinite Leave to Remain?

Without having to pause for the expiry of your current visa, you can make your application anytime following the death of your partner. We recommend you to make your application as soon as you can and remember you must be in the UK when you make the application.

Do I need to fulfil the English Language requirement?

You do not have to prove your skills when it comes to the English language, neither will you be required to complete the Life in the UK Test

How long can I continue living in the UK?

When you have been given ILR, you can continue staying and working in the UK for as long as you want. You will have access to schools, healthcare, and public funds. You will also be able to make a British Naturalization if you satisfy the requirements.

ILR as an Object of Domestic Violence – Set (DV) Application

This application is meant for someone residing in the UK who is a partner of a resident or British national. Also, those who intend to remain in the UK, but whose relationships have broken down due to domestic violence. A partner in this group is a Civil Partner, Spouse or Unmarried Partner. The UK Government has allowed a probation period of leave in order to give ILR to a victim of domestic violence. Domestic violence is described as aggressive behaviour, abuse, or violence between family members or adults who have been cohabiting regardless of their sexuality or gender. The violence can be psychological, emotional, physical, or sexual. It can include forced marriage, female genital mutilation, or honour-based violence. In this case group, an adult is an individual aged 18 years and above. The term family members describe the father, mother, daughter, son, sister, brother, and grandparents. If you are poverty-stricken, you can be excluded from presenting the Home Office application fee when applying for your ILR. You will, however, need to provide adequate proof for this.

When should you apply?

If you are applying with your children who are below 18 years, do so before the expiry of your stay in the UK. Your application should be offered as soon as possible after your partnership or marriage has broken down due to domestic violence. Don’t wait until your approved residence in the UK expires.

Can I incorporate my dependent in my application?

Yes. You should include your dependents, in this case, your children below the age of 18 years. However, you can’t include children aged 18 years and above. They should make individual applications and pay the required fee. Should there be any reason barring your dependents aged below 18 years from applying with you, they will be required to pay a specified fee.

Should I meet the English Language requirement?

You do not have to provide proof for your English language expertise or even take the Life in the UK Test. often, this requirement will have been fulfilled in the introductory visa application you made before based on this relationship.

Can I make an application after my leave has expired?

In this case, you can make an “out of time” application for settlement. However, as stated under Section 83 of the Nationality, Immigration and Asylum Act 2002 if your application is revoked, you will not have a right of appeal. This explains why you should present your application as early as possible.

How long can I continue staying in the UK?

When you have been given Indefinite Leave to Remain, you can continue staying in the UK for as long as you want. You will be entitled to schools, healthcare, and public funds. You will also have an opportunity to make a British Naturalization application if you satisfy the requirements.

Start-Up Visa

This is a new system that was launched on 29 March 2019 for people who want to launch a business in the UK for the first time. It replaces the current Tier 1 Graduate Entrepreneur category. Contact us through 0330 229 1213 or email us at info@earlsworth.co.uk for more details.