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ILR for Bereaved Partner

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Ghauri786
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ILR for Bereaved Partner

Post by Ghauri786 » Thu Apr 22, 2021 9:13 am

Hi,
I am new to the forum need some help for applying ILR as Bereaved partner, what documents I need and my questions below. Any help will be much appreciated.
In my case i had spouse visa last year and arrived in uk in October 2020. I went abroad with my husband from Nov 20 to January 21, sadly my husband caught COVID and passed away beginning of April 2021.
So the question time spent in uk, will that be just the time I was in UK minus our trip abroad or will that be complete from October 2020.
Regarding consent form, I can sign for documents in my name, what about the documents in my late husbands name, due to the time I arrived in uk there was not enough time to have joint named documents.

Sorry for long message, any help is appreciated.

Thanks

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CR001
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Re: ILR for Bereaved Partner

Post by CR001 » Thu Apr 22, 2021 9:18 am

Assuming your husband was British or held ILR, please see link below.

https://www.gov.uk/visas-partner-dies
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Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Thu Apr 22, 2021 10:09 am

Yes he was, I got all that information, its just the questions in my message if anyone has got any experience or information:
1: time spent in UK
2: consent form for documents in my late husband's name, who can sign that

Thanks

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Re: ILR for Bereaved Partner

Post by vinny » Thu Apr 22, 2021 10:34 am

1. Subject to E-BPILR. I think at least one day in the UK spent with husband may suffice.

2. Which documents that need consent are you referring to?
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Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Thu Apr 22, 2021 12:44 pm

The consent to home office to verify documents, as some documents will be in my late husbands name only

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Re: ILR for Bereaved Partner

Post by vinny » Thu Apr 22, 2021 2:06 pm

What sort of documents?
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Thu Apr 22, 2021 2:21 pm

As part of the application i need to provide documents like utility bills, council tax, addressed to both of us or individually. As we do not have documents in joint names i will be providing documents in both myself and my late husband's name, the family consent form is in three part, one for applicant, one for third party and 3rd one for 3rd party sponsor if they are providing financial support, so that home office could verify documents

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Re: ILR for Bereaved Partner

Post by vinny » Thu Apr 22, 2021 2:37 pm

I think if you are an executor or administrator of his estate, then you may have the authority to sign the consent?
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Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Thu Apr 22, 2021 4:46 pm

Thanks, I think there is no will in place from my late husband

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Re: ILR for Bereaved Partner

Post by vinny » Fri Apr 23, 2021 1:33 am

Letters of administration
If there is no valid will, and you are the next-of-kin, you can apply to be an administrator in the following order of priority:

1. you are the married partner or civil partner of the person who has died
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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CULLINAN
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Re: ILR for Bereaved Partner

Post by CULLINAN » Fri Apr 23, 2021 4:34 am

Sorry to hear about your loss. Just sign Part 1. It should be okay.

Also see a successful similar case:
indefinite-leave-to-remain/set-o-bereav ... 06520.html
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Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Fri Apr 23, 2021 8:42 am

Many thanks for help by everyone, really helpful, will keep you guys updated and if I am stuck I no doubt post a message

Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Tue May 11, 2021 11:20 am

I have booked Biometric appointment, I have uploaded documents and submitted them, should I need to add anymore before my appointment, will there be an option to submit those or only Ukvcas centre can submit additional documents?

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CULLINAN
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Re: ILR for Bereaved Partner

Post by CULLINAN » Tue May 11, 2021 1:33 pm

You can upload but can not self-submit now (you can self-submit only once). UKVCAS staff will submit for you.
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Tue May 11, 2021 3:48 pm

Thank you for your reply, its just a covering letter I wanted to add, home office should have all details about me as I had my spouse visa last year, but thought to explain a bit regarding my situation after passing of my husband.

Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Tue May 11, 2021 3:49 pm

Thank you for your reply, its just a covering letter I wanted to add, home office should have all details about me as I had my spouse visa last year, but thought to explain a bit regarding my situation after passing of my husband.

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Re: ILR for Bereaved Partner

Post by CULLINAN » Tue May 11, 2021 3:50 pm

You can upload any documents you wish before biometrics appointment. The UKVCAS staff will submit for you.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Thu Jun 17, 2021 5:33 pm

Just to update you all,
I had biometrics on 24th May 2021 and today 17th June have received an email that my ILR application has been successful.
My next question is when I can apply for British citizen, is it after 1 year or do I have to wait until I am in UK for at least 3 years. I arrived in UK in October 2020 and husband sadly passed away in April 2021 due to Covid19.
I am a USA national, will there be a requirement of life in the uk and english test for British Citizenship?

I thank everyone for their kind words and support.

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Re: ILR for Bereaved Partner

Post by CR001 » Thu Jun 17, 2021 6:14 pm

You have to wait 5 years from the date you arrived in the UK.

No English test requirement as a US citizen but life in the UK Test must be done for citizenship.
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Re: ILR for Bereaved Partner

Post by secret.simon » Thu Jun 17, 2021 8:10 pm

Ghauri786 wrote:
Thu Jun 17, 2021 5:33 pm
when I can apply for British citizen, is it after 1 year or do I have to wait until I am in UK for at least 3 years.
Do not confuse the rules for immigraton and for naturalisaton. Naturalisation is a completely separate process with separate laws, rules and requirements.

As @CR001 has mentioned, you will need to wait until you have been in the UK for at least five years before applying for British citizenship.

There is a mandatory/non-negotiable requirement that you were physically in the UK at the start of the five year period immediately preceding (in effect, exactly five years before) the date of the naturalisation application, if on the date of naturalisation application, you were not the spouse of a British citizen.

To be more precise, the wording of Section 6(2) of the British Nationality Act 1981 is "...on an application for naturalisation as a British citizen made by a person...who on the date of the application is married to a British citizen...". There is no special or separate provision for the widow of a British citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Ghauri786
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Re: ILR for Bereaved Partner

Post by Ghauri786 » Thu Jun 17, 2021 9:48 pm

Thank you everyone for your support and information.

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