Losing a loved one can be challenging, especially if you are unsure of your immigration status after losing your spouse. However, those in the country on a spouse visa may request permission to stay after their spouse passes away with indefinite leave to remain spouse UK immigration laws.
Eligibility to Indefinite Leave to Remain UK Spouse
If you enter the country on a spouse visa, you can stay in the UK if a partner passes away. To qualify, you must be a settled person with Indefinite Leave to Remain status or the partner of a British citizen.
When to Apply for ILR after a Partner’s Death
There is no doubt that dealing with a loved one’s death can be very stressful, completing it challenging to worry about submitting paperwork, etc., at the appropriate time. The Home Office’s instructions need to provide a timeline by which a partner who has lost a partner must submit an ILR application.
Processing Times and Fees (Costs) of Your ILR Application
Each person must pay £2,389 to apply for indefinite leave to remain. If you choose this option, you should hear something about your application within 6 months. However, priority service options exist for people who want their applications to be processed. For an additional £800 per application, the Home Office will respond to your request within one working day.
Required Documents to Apply For ILR
You must provide the required supporting documentation with your ILR application. Each document must be submitted in its original form unless you have a valid excuse that permits you to avoid doing so. All documents must be in English or Welsh; if not, you must submit a certified translation.
- Your current passport.
- Any prior passport that was valid when you were in the United Kingdom.
- Any travel records relating to any time spent outside the UK while you were a resident.
- The death certificate of your companion.
- Financial records include pay stubs and bank statements.
- Your application includes copies of any pertinent birth or adoption certificates for dependents.
- If required, your Life in the UK test pass certificate.
- A B1 pass certificate for English language proficiency, if one is required to verify your language abilities.
- A certificate of police registration if you were required to register with the police after arriving in the UK.
- Your immigration history includes details on the places you’ve lived and your visas.
- Any further supporting papers for your particular visa category, such as proof that your connection was sincere and ongoing
- These images must have been taken not long ago.
What happens if your request for ILR is rejected?
The procedure for applying for ILR is generally simple. But it can be simple to forget to attach important supporting materials, especially when grieving. Getting a refusal letter from the Home Office can be overwhelming, but it’s essential to realize that you can leave the UK immediately. If your ILR application is rejected, you have options, including the ability to appeal the decision or resubmit your application in the hopes of receiving a more positive reaction.
Usually, the best option when you make a mistake is to resubmit your application ensuring you have fixed the errors. To ensure you have filled out the form correctly, you might want to get legal advice.
You can request an administrative review if you believe there was an error with your ILR application, such as when a crucial piece of supporting documentation is ignored. It is where a different immigration official will review how your application was evaluated and revisit it.
Experienced immigration lawyers of My Legal Services can assist you throughout the process if you want to challenge the Home Office’s decision. To discuss your application, call us right now.
Fulfilling the high requirements is one of the most challenging things of the application process. You can do this with the help of our solicitors in Central London. My Legal Services can advise you on whether you must take an English language test, which tests to take, and how to schedule it. We can help you in fulfilling the other requirements as well. It involves assisting you with the Life in the UK Test and preparing a considerable portfolio of supporting documents for your application.
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