APPLICATION FOR SETTLEMENT IN CASE OF PARTNER’S DEATH

Depending upon their circumstances certain individuals in the United Kingdom may be able to apply for settlement in the case of the death of their partners. For this, your partner who has passed away should have either been a citizen of the United Kingdom, held indefinite leave to remain, been from the EU, Switzerland, Norway, Iceland or Liechtenstein and had pre-settled status. If an application for indefinite leave to remain is granted the individual gets the right to settle in the United Kingdom without subject to any time restrictions.

An application for indefinite leave to remain under this category can be made any time after the passing of the partner who was either a citizen of the United Kingdom, held indefinite leave to remain, was from the EU, Switzerland, Norway, Iceland or Liechtenstein and had pre-settled status.?The applicant need not wait till their current visa expires and they can make the application immediately. Currently, the fees for applying for indefinite leave to remain inquiry are ￡2,404. The applicants as part of the process will have to submit their biometric information.?

The applicants applying under this route should have been in the United Kingdom based on their relationship with the partner who has passed away. They should be holding a family visa as their partner. This does not include fiancée, fiancé or proposed civil partners. Also at the time of the death, the applicant and the partner who has passed away should either have been living together in the United Kingdom or they should have had the intention to live together permanently in the United Kingdom.?

If an application has been made for indefinite leave to remain under this route the applicant is not required to meet the life in the UK as well as the English language requirement. If these eligibility requirements are met the applicants can make the application by providing the necessary information and required pieces of evidence. Documents such as passport, biometric residence permit if any, proof of partner’s death, proof of relationship between the applicant and the deceased partner, proof of living together and so on need to be submitted along with the application.

Depending upon the circumstances, the Home Office may require the applicant to provide additional documents and pieces of evidence. A decision on such applications is usually made within a period of 6 months but there could be further delays depending on the circumstances prevalent at that time. It could also take more than the standard processing time if the nature of the application is complex, the applicant needs to attend an interview or due to the personal circumstances of the applicant.?

To know more about the grounds for settlement in case of a partner’s death in the United Kingdom and for guidance on the process you can get in touch with the ICS Legal immigration advisors. We have qualified immigration advisers and we are regulated by the OISC as well. An immigration adviser can help you to know your possible options and the correct steps forward. You can reach out to us on 0207 237 3388 or drop us an email at [email protected]. Read more about us and our services at www.icslegal.com.