Leave to Remain for Bereaved Partners

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When a partner of a settled person or a British citizen living in the UK die’s before the migrant becomes settled, those with leave to remain in the UK can apply to continue to leave in the UK if they meet certain eligibility requirement. One would have to be reminded that the status as a partner is based on the existence of a genuine relationship; hence they could have their leave in the UK cancelled if their relationship no longer exist. The good news is there are various routes to allow for partners of person’s who passed away to remain in the UK, if the person who died is an EU Citizen, a settled person or a British citizen. The rules for partner’s of EEA Nationals differs, this article shall focus on bereaved partner’s of settled person’s or British citizen’s.
This type of application can be made using the appropriate form. The fee for the application is currently at £2,389. It is an application for Indefinite Leave to Remain. There is no possibility for a fee waiver on this category. If an individual does not wish to pay the fee, then applying in another category or leaving the UK are the options available.
Appendix FM outlines the suitability requirements, these requirements also relates to applications under this category. For instance, bad character, criminality, debt to the NHS and other relevant information provided in Appendix FM under the suitability requirement should be properly considered in making this application. Sometimes, a leave of 30 months as opposed to ILR can be granted if the applicant meets the requirement but does not meet all of the suitability requirement, for instance, if the applicant is sentenced to an out of court disposal in the last two years.
The Eligibility requirements
One of the eligibility under this category is to have a current leave as partner of a British citizen or a settled person or those previously granted 30 months leave to remain as a bereaved partner, can apply for this. In Richards v Secretary of State for the Home Department HU/17336/2016 the Upper Tribunal confirmed that applying for the first time under this route those not mean that the applicant must have been granted a leave under a specific rule, but it means that the applicant should be granted leave as a partner. There is also no requirement for the applicant to have leave to remain at the date of the application, therefore, an ‘overstayer’ can apply under this route. However, any period of overstaying must only be relevant to the period of bereavement. Under the suitability requirement a significant delay could lead to refusals. As usual in Immigration, it is advisable that applications are made before expiry of current leave and as soon as possible in this case.
Conclusion.
Even though the partner of the applicant has died, under this category, the applicant is also required to provide evidence of a genuine and subsisting relationship and an intention to live together permanently in the UK. There is no automatic right of appeal for this type of application because the Home Office does not view this application as a human rights claim. Hence, it is important that a human rights claim is made as part of the application. If there are children involved, a family life issue can be raised, alongside provision of evidence of integration into the UK, this could engage the human rights of the applicant. If there is no accompanying human rights claim made, refusals can be challenged through Judicial Review or an internal administrative review.
At Winvolved Consultancy Ltd, we can represent you for your private life matters, family Immigration, Point Permanent Residence, Spouse/Partner Visas, Family Visas, Based System, Indefinite Leave to Remain/Settlement applications, Naturalisation, or if you need any other advice on Immigration, please contact us via 03332244822 or our website.
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