ILR based on 10 years - help understanding Home Office response

[johndoe67813]

Hi All,

I would please like some help understanding the response from Home Office. This relates to my sister in law. Here is the background:

• in the UK on the basis as a partner on 10 year route to settlement

• Reached 10 years in the UK in December 2024 and make an application for ILR on the basis of having a a partner (family visa)

• Gave birth to 3rd child in the UK in March 2025

• Partner unexpectedly passed away in May 2025

• in June 2025 Home Office asked for evidence of subsisting relationship by providing letters in joint names and single names covering 6 months

• Confirmed to HO that since application was submitted in December 2024, there has been change in circumstances, i.e. birth of daughter and Partner passing. Provided letters in Joint names and single names covering 6 months

The Home Office has replied with the following email:

Thank you for your email correspondence dated 07 July 2025.

We would like to offer you an opportunity to submit a new application on another route due to unfortunate circumstances you have reported:

Please find information on the route for Indefinite leave to remain if your partner dies:
https://www.gov.uk/visas-partner-dies

Please review your application and proceed to submit a new application. Please advise us as soon as possible when the new application is submitted and this will be treated as a variation as unfortunately there is no possibility we could amend your existing application to correct route.

Please note, if you wish to vary (change) your application, you will need to submit the correct application for route you wish to apply for by 24 June 2025, pay the application fee, attend a new biometrics appointment and resubmit your supporting documents.

When you have a unique application number (UAN) for the new submitted application, please advise to the email below and I will void the Settlement Private Life application that was submitted and refund the full application fee you paid in full.

Please advise us by email at: LivsetAAHub@homeoffice.gov.uk. In the subject quote UAN xxxxxxxxxx with reference xxxxxx

If you require further advice about your eligibility under the Immigration Rules, visit our website at www.gov.uk/uk-visas-immigration.

If you are unclear about your choices, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.

I am confused by this response and need help understanding:

• The email mentions they would like to offer the opportunity to submit new application on another route. Does this mean the option is available not to submit another application

• Why can't the first application proceed on the basis of applicant having 10 years residence? Is this because the application for ILR made was on the basis of 10 years but as a partner and not on the basis of 10 years Long Residence

• What should the applicant realistically do. This is time sensitive as she is not working and has 3 young children. She is unable to go to the council or apply for Univsersal credit due to no public funds. If anotehr application is made will this likely mean another 3-6 months processing the application

This has been a very stressful time for the family and I want to support them as best I can. I would appreciate any help with understanding the email from HO and what the options are the get the quickest decision for ILR to enable the family to get council help and Universal Credit.

Many thanks

[zimba]

Which application form was used ?? The adult settlement form ??

[alana7]

Sorry and condolences to your sister but if her partner was British she can apply on the bereaved partner scheme for ILR. Maybe that's what they mean.

[johndoe67813]

Which application form was used ?? The adult settlement form ??

On the application form, it shows the type of visa/application as 'Settlement Adult Relative'

[johndoe67813]

Sorry and condolences to your sister but if her partner was British she can apply on the bereaved partner scheme for ILR. Maybe that's what they mean.

Yes, her partner was British. I understand they are referring to the bereaved partner scheme but the wording in the email is confusing due the following statements:

We would like to offer you an opportunity to submit a new application on another route due to unfortunate circumstances you have reported:

Please review your application and proceed to submit a new application. Please advise us as soon as possible when the new application is submitted....

Please note, if you wish to vary (change) your application...

If you are unclear about your choices, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.

On the one hand they seem to be offering this option and not mandating it but then it says review the application and submit and lastly it mentions if you are unclear about your choices which suggest there is more than 1 option. This has led us to be very confused and stressed as to what is being asked.

[CR001]

Submitting a new application is varying an existing one.

She needs to submit and pay on the form UKVI have advised BEFORE the deadline (which if the date you stated is correct, has already passed). If she does not, they will process the original application which is likely to be refused.

Nothing confusing about the email.

[johndoe67813]

Submitting a new application is varying an existing one.

She needs to submit and pay on the form UKVI have advised BEFORE the deadline (which if the date you stated is correct, has already passed). If she does not, they will process the original application which is likely to be refused.

Nothing confusing about the email.

The deadline date mentions June which is a typo as the email was received only 2 days ago.

Why do you think the application is likely to be refused if no variation submitted. Is it because the adult settlements relies on there being a partner in subsisting relationship opposed to Long Residence application which does not have this requirement?

Thanks

[CR001]

Why do you think the application is likely to be refused if no variation submitted. Is it because the adult settlements relies on there being a partner in subsisting relationship opposed to Long Residence application which does not have this requirement?

Yes, exactly this, based on the form she used to apply. As there is no longer a partner, she doesn't qualify for ILR under the route she has applied. Referencing long residence ILR is irrelevant as she did not apply through this route

Which is why she has been offered the opportunity to submit a new application as a bereaved partner.