ILR (BRAVED PARTNER) elegiliblty

[saraza65]

Hi

i have leave to remain my leave in valid tell 2019,,home office give me leave out side the rule as partner
i apply spouse visa but the consider my application appendix B section 3.2.8 exceptional circumstance
because my wife was terminal ill
my marriage ws register in uk i leave together since 2014 as marriage couple
now she pass away just i want to know can i apply ILR as braved partner ?

regards
AMIR
email address removed by moderator

[saraza65]

hey,,,i come here as visitor and marry a British citizen in 2014..my marriage was register in UK. after marry back my country,,jan15 come again on as visitor boz my wife and step daughter was terminal ill,,my daughter was in children hospital.

so i apply spouse visa here FLR (m) MY visa was refuse during visa processing time my daughter was death she was 10 years old,,
i appeal but my appeal first tier tribunal was dismiss and upper tribunal also dismiss my appeal then i go to European court of hum right,,they involve my case and then office office give me leave to remain out side the rules,,they consider my application appendix B section 3.2.8 exceptional circumstance,artical 8

now my wife is death, in july 17

i want to know can i apply ILR AS A BEREAVED PARTNER?
hope u help me and give me best advice
regards
amir

[saraza65]

pls help me,,, can i apply ILR BRAVED PARTNER??

BOZ I NOT WANT TO LOSE MY SAVING

[makky86]

hey,,,i come here as visitor and marry a British citizen in 2014..my marriage was register in UK. after marry back my country,,jan15 come again on as visitor boz my wife and step daughter was terminal ill,,my daughter was in children hospital.

so i apply spouse visa here FLR (m) MY visa was refuse during visa processing time my daughter was death she was 10 years old,,
i appeal but my appeal first tier tribunal was dismiss and upper tribunal also dismiss my appeal then i go to European court of hum right,,they involve my case and then office office give me leave to remain out side the rules,,they consider my application appendix B section 3.2.8 exceptional circumstance,artical 8

now my wife is death, in july 17

i want to know can i apply ILR AS A BEREAVED PARTNER?
hope u help me and give me best advice
regards
amir

If you want quick answer then google is your best friend

https://www.gov.uk/visas-partner-dies

You can apply to settle in the UK if your partner dies and you’re either:

in the UK as the partner of a ‘settled person’, ie they had ‘indefinite leave to remain’ and you’re their dependant
in the UK as the partner of a British citizen, eg you married a British Citizen and have a UK visa on that basis

Your ‘partner’ could be your spouse, civil partner or someone you’re living with in a relationship that’s like a marriage or civil partnership.

You must have been in a genuine relationship with your partner and intended to live permanently with each other in the UK at the time of their death.

Your partner must have been ‘present and settled’ in the UK at the time of their death, eg not living permanently in another country.

The highlighted bit is what I am bit concerned. You'd need to prove that you were in geniune relationship not to get visa and settle. I suggest you hire a solicitor to help you with this compelex case

What do you mean by you don't want to lose your SAVING ?

[saraza65]

THANKS YOUR REPLY,, YES MY MARRIAGE WAS REGISTER IN UK WE LIVE TOGATHER SINCE 2014. SOME SOLISATOR SAID YOU CAN APPLY ILR BUT SOME SAID NO BOZ YOU HAVE LEAVE OUT SIDE THE RULE

BOZ IF MY VISA IS REFUSE I LOSE MY SAVING

OFFICE OFFICE CONCIDER MY CASE AS PARTNER BUT OUT SIDE THE RULE
THANKS YOU AGAIN

REGARDS
AMIR

[makky86]

THANKS YOUR REPLY,, YES MY MARRIAGE WAS REGISTER IN UK WE LIVE TOGATHER SINCE 2014. SOME SOLISATOR SAID YOU CAN APPLY ILR BUT SOME SAID NO BOZ YOU HAVE LEAVE OUT SIDE THE RULE

BOZ IF MY VISA IS REFUSE I LOSE MY SAVING

OFFICE OFFICE CONCIDER MY CASE AS PARTNER BUT OUT SIDE THE RULE
THANKS YOU AGAIN

REGARDS
AMIR

I am sorry but please stop posting in capitals.

https://www.gov.uk/visas-partner-dies

in the UK as the partner of a British citizen, eg you married a British Citizen and have a UK visa on that basis

If your current visa is because of your spouse then you're eligible for ILR. I don't have enough knowledge about leave outside the rule.

[CR001]

THANKS YOUR REPLY,, YES MY MARRIAGE WAS REGISTER IN UK WE LIVE TOGATHER SINCE 2014. SOME SOLISATOR SAID YOU CAN APPLY ILR BUT SOME SAID NO BOZ YOU HAVE LEAVE OUT SIDE THE RULE

BOZ IF MY VISA IS REFUSE I LOSE MY SAVING

OFFICE OFFICE CONCIDER MY CASE AS PARTNER BUT OUT SIDE THE RULE
THANKS YOU AGAIN

REGARDS
AMIR

I am sorry but please stop posting in capitals.

https://www.gov.uk/visas-partner-dies

in the UK as the partner of a British citizen, eg you married a British Citizen and have a UK visa on that basis

If your current visa is because of your spouse then you're eligible for ILR. I don't have enough knowledge about leave outside the rule.

The OP does not hold a spouse settlement visa. OP appears to hold a FLR(FP) partner visa based on Private Life - 10 year route under exceptional circumstances.

[makky86]

THANKS YOUR REPLY,, YES MY MARRIAGE WAS REGISTER IN UK WE LIVE TOGATHER SINCE 2014. SOME SOLISATOR SAID YOU CAN APPLY ILR BUT SOME SAID NO BOZ YOU HAVE LEAVE OUT SIDE THE RULE

BOZ IF MY VISA IS REFUSE I LOSE MY SAVING

OFFICE OFFICE CONCIDER MY CASE AS PARTNER BUT OUT SIDE THE RULE
THANKS YOU AGAIN

REGARDS
AMIR

I am sorry but please stop posting in capitals.

https://www.gov.uk/visas-partner-dies

in the UK as the partner of a British citizen, eg you married a British Citizen and have a UK visa on that basis

If your current visa is because of your spouse then you're eligible for ILR. I don't have enough knowledge about leave outside the rule.

The OP does not hold a spouse settlement visa. OP appears to hold a FLR(FP) partner visa based on Private Life - 10 year route under exceptional circumstances.

In that case he can only apply ILR after 10 years if I am not wrong.

[CR001]

THANKS YOUR REPLY,, YES MY MARRIAGE WAS REGISTER IN UK WE LIVE TOGATHER SINCE 2014. SOME SOLISATOR SAID YOU CAN APPLY ILR BUT SOME SAID NO BOZ YOU HAVE LEAVE OUT SIDE THE RULE

BOZ IF MY VISA IS REFUSE I LOSE MY SAVING

OFFICE OFFICE CONCIDER MY CASE AS PARTNER BUT OUT SIDE THE RULE
THANKS YOU AGAIN

REGARDS
AMIR

I am sorry but please stop posting in capitals.

https://www.gov.uk/visas-partner-dies

in the UK as the partner of a British citizen, eg you married a British Citizen and have a UK visa on that basis

If your current visa is because of your spouse then you're eligible for ILR. I don't have enough knowledge about leave outside the rule.

The OP does not hold a spouse settlement visa. OP appears to hold a FLR(FP) partner visa based on Private Life - 10 year route under exceptional circumstances.

In that case he can only apply ILR after 10 years if I am not wrong.

That is my understanding too, provided the OP continues to meet all the same requirements. The OP really should get professional advice as this is not a straightforward case and not much experience on the forum in these circumstances.

[saraza65]

after marriage i apply spouse visa submit application FLR(m) But home office councider my visa execption circumtance boz my wife was terminal ill

home office office give me out side the rule leave before my wife death after two month she pass away

(287(b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:
1. (i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;
2. __(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and
3. (ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and)

[makky86]

after marriage i apply spouse visa submit application FLR(m) But home office councider my visa execption circumtance boz my wife was terminal ill

home office office give me out side the rule leave before my wife death after two month she pass away

(287(b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:
1. (i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;
2. __(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and
3. (ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and)

When was your visa issues (under special circumstances) and whats its expiry date?

[vinny]

Possible to satisfy E-BPILR.1.2.?

Mr Diwnycz did not argue to the contrary, and I find that the Judge's interpretation of paragraph E-BPILR.1.2(a) amounted to an error of law. The Judge found that the requirement of that paragraph was limited in a way not expressly stated nor implied by the paragraph itself. In my view nothing in law requires the paragraph to be restricted in meaning as found by the Judge. The simple facts of the mater are that the Appellant was married to a British citizen, and the information from the Respondent's computer file informs me that she was last granted limited leave to remain at least in part as his spouse. I therefore set aside the decision of the Judge.

Having set aside the decision of the Judge, I decided to proceed to remake the decision in the appeal. It was not necessary for me to hear any further evidence, nor submissions from the representatives. The Appellant had been refused indefinite leave to remain on the sole narrow issue provided by paragraph E-BPILR.1.2 of Appendix FM. For reasons already given, I find that requirement to be satisfied, in which event I find that the Appellant meets the requirements of paragraph BPILR.1.1 of Appendix FM. That being the case, the appeal is allowed.

See also:

Whilst, of course, the vast majority of cases in which an individual seeks ILR as a bereaved partner is likely to arise in the situation where the last grant of leave as a "partner" was under Appendix FM, in my judgment, that is not a necessary requirement because E-BPILR.1.2. is not so restricted.

[saraza65]

thanks,

when my spouse visa appeal dismiss in first tier tribunal judge said his finding
para 21 The genuineness of appellants relationship with the sponsor and her medical condition have been accepted by the respondent and are not in issue

para 22 for the sake of completeness, it may be helpful to record that i found both the appellant and the sponsor to be credible witness. i am satisfied that the relationship between the appellant and his wife,MRS xxxx ,is genuine and subsisting and that they live together as a married couple,I am also satisfied that the sponsor is suffering with cancer and that although she appears to have resisted chemotherapy treatment during 2015,by December 2015 she receiving such treatment.

[saraza65]

my visa was issue in May 2017 and my death in july 2017,,, my visa vaild till nov 2019

[makky86]

my visa was issue in May 2017 and my death in july 2017,,, my visa vaild till nov 2019

Please take your time to write properly "My death in July 2017". Also , you don't have to provide any personal information like what kind of medical condition was your spouse.

I highly recommend to receive help from registered solicitor as your case is bit complicated

Find a regulated advisor here

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[vinny]

Success.

[vinny]

***Bereaved partner Update***

FM.12. In paragraph E-BPILR.1.2., after “have been” insert “granted under this Appendix”.

now restricts E-BPILR.1.2.

The applicant’s last grant of limited leave must have been granted under this Appendix as-

[vinny]

Eligibility (Immigration status requirements) is apparently still restricted.

If bereaved Dependent family members in work routes are ineligible for ILR, then switching to Appendix FM has benefits.