Applying for Leave to Remain as a Bereaved Partner in the UK Losing a loved one is one of the most difficult experiences anyone can face. For migrants in the UK on a partner visa, the situation can be even more complex and overwhelming. If your partner passes away before you become settled, you may be worried about your immigration status. However, there is a route for you to apply for indefinite leave to remain, and in this article, we will guide you through the process.
As a partner visa holder, your status in the UK is based on your genuine relationship with your partner. Unfortunately, when your partner passes away, the relationship no longer exists, and your leave in the UK may be cancelled. This can be a daunting prospect, especially during a time of grief.
While the Uk immigration rules may seem strict, there is a provision for migrants in your situation to apply for indefinite leave to remain. This is a unique opportunity, as it is one of the few instances where a fee waiver is possible for an indefinite leave to remain application.
To be eligible to apply, you must have had leave to remain in the UK as a partner of a British national, a settled person, or an EU national with pre-settled status under Appendix FM. This also includes those with leave as a partner under Appendix HM Armed Forces, as long as your partner is a British citizen, a foreign and commonwealth citizen who was a serving member of HM forces, or a member of HM Armed Forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.
On the other hand, the following individuals are not eligible to apply for leave to remain as a bereaved partner: fiancé(e)s or proposed civil partners, those who have permission to stay in the UK as a dependent of another migrant (e.g., a spouse of a student), and partners of EEA nationals (there are different rules for this group).
If you are eligible to apply, you will need to gather the necessary documents and evidence to support your application. This may include proof of your relationship, your partner’s death certificate, and other relevant documentation. Applying for leave to remain as a bereaved partner can be a complex and emotional process. It is highly recommended that you seek the help of an immigration lawyer or expert to guide you through the application process and ensure that you have the best possible chance of success.
At Kash Legal Services, we understand the challenges and emotional difficulties that come with applying for leave to remain as a bereaved partner. Our team of experienced immigration lawyers is here to provide you with expert guidance and support throughout the application process. We will work closely with you to ensure that your application is prepared and submitted correctly, giving you the best possible chance of a successful outcome.