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Are you worried about your immigration status following the death of a partner?

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Frequently Asked Questions (FAQs)

Are you worried about your immigration status following the death of a partner?

Each year, we assist thousands of people come to the UK to join their UK present and settled partners. This typically involves obtaining a visa under the partner/family category such as same sex/unmarried partner or spouse.

Those of you who entered the UK under such a category, will then often seek our assistance to make further applications to either extend your existing leave, or for us to assist you in achieving settled status in the UK.

We are proud to have assisted 1000’s of foreign nationals join UK settled partners to embark on an exciting and romance filled journey in the UK.  We are strong advocates for a free world, a world in which hopes dreams and ultimately families are united irrespective of borders and bureaucratic formalities. We fight tirelessly for our clients to be able to live, work and love freely in the UK.

Sadly however, sometimes even though we are successful in overcoming immigration problems and uniting families in the UK, an unforeseeable event may occur can throw all of your hopes and dreams into disarray.

There are few things more daunting or poignant in life than death and ultimately, the sad reality of life is that all must eventually succumb to death.

We recognise that in such event, it will already be an extremely difficult time for loved ones but for those who are living in the UK as the partner of a settled person, the death of a partner will also cause an unrelated problem…

What happens to your immigration status and how can you stay in the country you have made your home? 

UK immigration laws are complex and evolutionary at the best of times and trying to navigate the array of rules, eligibility criterias and requirements whilst trying to cope with the death of a partner can make an already difficult process seem impossible to navigate successfully.

Our expert team have first hand experience and expertise of handling this type of scenario and successfully managed to assist many clients in obtaining settled status in the UK as a result of being partners of loved ones who have sadly passed away.

Speak to our expert Assessment Team now on 02033844389

Remember: Our understanding, friendly staff are trained experts and your confidentiality will be respected. We are the UK’s #1 Immigration Lawyers and will not share any information you discuss with us with your partner or the Home Office.

Call us now or fill out the Confidential Assessment Form to take the first step to solving your problems.

It is quick, easy and totally Free to have an Assessment carried out now so why wait?

Who is eligible and how does it work?

You may be eligible to apply for settlement (indefinite leave to remain in the UK) if your partner has died. Your partner must have either:

  • been a British citizen
  • had indefinite leave to remain in the UK

Your permission to be in the UK must have been based on being their partner. A ‘partner’ is one of the following:

  • your spouse (husband or wife)
  • your civil partner
  • someone you were living with in a relationship that’s like a marriage or civil partnership
When can you apply?

You can apply any time after your partner’s death. You do not have to wait until your current visa expires. You must be in the UK when you apply.

How long you can stay?

Getting indefinite leave to remain means you can continue to live and work in the UK for as long as you like. It will also mean you’re eligible:

  • to work in any job
  • to run a business
  • for public services, such as healthcare and schools
  • for public funds and pensions
  • for British citizenship, if you meet the requirements

Prefer to talk? Call our experts now on 02033844389

Eligibility?

Your permission to be in the UK must be based on your relationship.

Before your partner died, you must have got a visa as their partner (but not as their fiancé, fiancée or proposed civil partner).

When your partner died, you must have:

  • been living together in the UK
  • intended to live together permanently in the UK

Your partner must not have been living permanently in any another country.

You do not need to take the Life in the UK Test or prove your English language skills.

When your application can be refused.

Your application might be refused if, for example, you’ve:

  • got a criminal record in the UK or another country
  • provided false or incomplete information to the Home Office
  • broken UK immigration law

Prefer to talk? Call our experts now on 02033844389

Documents you must provide

You must provide:

  • a current passport or other valid travel identification
  • any previous passports you’ve had while living in the UK
  • your biometric residence permit, if you have one
  • your police registration certificate (unless you did not need to register)
  • your partner’s death certificate
  • proof of your relationship, for example your certificate of marriage or civil partnership
  • proof that you and your partner were living together
Proof that you were living together

You need documents to show that you lived with your partner until they died, starting from when you got permission to be in the UK as their partner.

Provide 6 official documents addressed to both of you, or each of you individually, at the same address.

Include as many different types of documents as you can, for example:

  • gas, water or electricity bills
  • telephone bills
  • Council Tax bills
  • bank statements and letters
  • letters from a government department
  • letters about your TV Licence
  • tenancy agreements
  • mortgage agreement or statements
  • letters from your GP, a hospital or health service

You do not need to take the Life in the UK Test or prove your English language skills.

Applying for your children

Your children may be eligible to get settlement (indefinite leave to remain in the UK) at the same time as you.

You can include your children as ‘dependants’ on your application form if all the following are true:

  • they have permission to be in the UK based on being your partner’s dependant
  • they were under 18 when this permission was given – it does not matter if they’ve turned 18 since
  • they’re going to live with you in the UK
  • they’ll have somewhere to live and be financially supported without using public funds
  • they’re not married or in a civil partnership

If your children do not meet these conditions, they may still be able to apply separately.

Your child’s application can be refused, for example if they’ve broken UK immigration law. 

Documents you must provide for your children

For each child you include on your application form, you must provide:

  • a current passport or other valid travel identification
  • a birth certificate if they were born in the UK
  • their biometric residence permit, if they have one
  • their police registration certificate if they’re 16 or over (unless they did not need to register)
  • proof they live permanently with you, for example letters from your child’s school or doctor

Prefer to talk? Call our experts now on 02033844389

How long it takes?

We will normally be able to get a decision within 6 months of lodging the application.

Sometimes, if your application is complex, the decision could take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances, for example if you have a criminal conviction

Prefer to talk? Call our experts now on 02033844389

What next?

We understand this this may be a particularly tough, hurtful and confusing time for you but you don’t have to face things alone and help is available to ensure that your rights and feelings are properly considered.

Experience has taught us that many people who have lost a partner incorrectly assume their existing visa will still be valid or that the UK Government will automatically allow them to stay in the UK. Sadly this is not correct and lead to real difficulties for you down the line.

 If you are worried about what will happen to your visa, do not wait until your existing visa expires – Get help Now!

Our expert team of lawyers can help you figure out where you stand and what your options are. We can provide you with expert guidance of what needs to be done, when and how so that you don’t have to put up with suffering as a victim any further.

Speak to our expert Assessment Team now on 02033844389

Remember: Our friendly staff are trained experts and your confidentiality will be respected. We are the UK’s #1 Immigration Lawyers and will not share any information you discuss with us with your partner or the Home Office.

Call us now or fill out the Confidential Assessment Form to take the first step to solving your problems.

It is quick, easy and totally Free to have an Assessment carried out now so why wait?