Section BPILR of Appendix FM makes provision for spouses who are bereaved during the probationary period to be granted indefinite leave to remain (ILR) in the UK, provided that the relationship was subsisting and that they intended to live together permanently in the UK at the time of the sponsor's death.

These Rules do not apply to persons admitted to the UK as the spouse of a person who has only limited leave to enter or remain in the UK (with the exception of those who had leave as the spouse of a person in the UK with refugee leave or humanitarian protection) or who is an European Economic Area national exercising Treaty rights here. The Rules relating to bereaved partners do not apply to fiancé(e)s and proposed civil partners.

Eligibility Requirements

  • The applicant must not fall for refusal under any of the grounds of suitability as set out in paragraph in S-LTR of the Rules.
  • To meet the eligibility requirements for indefinite leave to remain as a bereaved spouse all of the eligibility requirements in paragraphs E-BPILR1.2. to E-BPILR1.5. must be met.
  • The applicant must be free of unspent convictions at the date of application to meet the requirements of E-BPILR.1.5. for indefinite leave to remain (ILR) as a bereaved spouse.

Timeliness Of Applications

The Rules relating to bereaved spouses are intended to benefit only those whose sponsor has died during the probationary period and who make their application whilst they still have limited leave to enter or remain in the UK.
The Rules should be applied equally to cases where the sponsor dies after an application for indefinite leave to remain has been submitted but before a decision has been reached.

The fact that a sponsor dies during the very early stages of the probationary period is not to be considered as an adverse factor in reaching a decision. Where an applicant can meet the requirements of the Rules, the application is to be granted regardless of how much of the probationary period has been completed.

Out Of Time Applications

Applicants for indefinite leave to remain (ILR) as a bereaved spouse do not need to comply with the requirement not to have overstayed by more than 28 days (set out at Section E-LTRP 2.2) provided that the circumstances of any period of overstaying relate to a period of bereavement and where compassionate circumstances therefore apply. Applications made out of time where all the other requirements of the Rules are met should be considered sympathetically. An application should not normally be refused solely on the grounds that the applicant is here without leave. Acceptable reasons for the delay in making an application could be that the partner’s death only occurred shortly before the application for settlement was due or that the stress of the situation has led the applicant to overlook the need to regularise their immigration status.

Granting Indefinite Leave to Remain (ILR) As A Bereaved Spouse

If the applicant meets all of the requirements for indefinite leave to remain as a bereaved spouse under D-BPILR.1.1. the applicant will be granted indefinite leave to remain.

If the applicant does not meet the requirements for indefinite leave to remain as a bereaved spouse only because they have an unspent conviction, the applicant will be granted further limited leave to remain for a period not exceeding 30 months under D-BPILR.1.2, and subject to a condition of no recourse to public funds. The applicant will be eligible to make a further charged application for indefinite leave to remain at any time within the 30 month period if the conviction becomes spent.

Not all bereaved spouses will wish to settle in the UK if their sponsor has died, preferring to return to their country of origin. In such cases an applicant may be granted further leave to remain for six months, subject to the same conditions, to give them time to sort out their affairs.

Why Sunrise Solicitors For Your Application For ILR As A Bereaved Spouse?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for  Indefinite Leave to Remain (ILR) as a bereaved spouse. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your ILR application as a bereaved spouse and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For ILR Application As A Bereaved Spouse

  • We will charge you a fee from £800 + VAT for our professional immigration services in relation to your application for ILR as a bereaved spouse. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.