Bereavement Visa - Spouse of UK Refugee status

[Nemoo]

Hi,
My sister's husband died in Italy when they're in vacation. My sister came back alone. She was on a spouse visa in the UK. And her husband was in 5 year's granted refugee status but doesn't have ILR or citizenship.
Can she apply Bereavement ILR visa? What can she do to stay in the UK?
Urgent replies please...

[CR001]

My understanding is that it only applies to spouse of British citizen or spouse who held ILR.

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

[secret.simon]

The relevant sections of the Immigration Rules.

Section E-BPILR: Eligibility for indefinite leave to remain as a bereaved partner

E-BPILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a bereaved partner all of the requirements of paragraphs E-BPILR1.2. to 1.4. must be met.

E-BPILR.1.2. The applicant’s last grant of limited leave must have been as-

(a) a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK; or
(b) a bereaved partner.

E-BPILR.1.3. The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.

E-BPILR.1.4. At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.
Section D-BPILR: Decision on application for indefinite leave to remain as a bereaved partner

D-BPILR.1.1. If the applicant meets all of the requirements for indefinite leave to remain as a bereaved partner the applicant will be granted indefinite leave to remain.

D-BPILR.1.2. If the applicant does not meet the requirements for indefinite leave to remain as a bereaved partner only because paragraph S-ILR.1.5. or S-ILR.1.6. applies, the applicant will be granted further limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds.

D-BPILR.1.3. If the applicant does not meet the requirements for indefinite leave to remain as a bereaved partner, or limited leave to remain as a bereaved partner under paragraph D-BPILR.1.2., the application will be refused.

The reference to a bereaved partner visa is to one issued under D-BPILR.1.2, which also requires the deceased partner to be a British citizen or a person on ILR/PR.

To the best of my knowledge, there is no pathway under the Immigration Rules for your friend to extend her stay in the UK on the basis of her bereavement.

[Obie]

It may well have been an error of drafting, i can find no discernible reason why the situation of a refugee spouse who had entered the UK with a view to settlement, and whose partner died cannot be assimilated to the spouse of a British or Settled person.

The refugee person as a matter of law, has more permanence to their settlement than a person with ILR.

As a matter of law, it is more difficult to deport a recognised refugee, than it is to deport a person with an ILR in the UK. The threshold test for deportation of a Refugee is more greater under the UKBA Act 2007 than it is for a settled person.

OP ought to qualify at the very list outside the rules or challenge the failure of the Government to include Refugee Spouse under that provision.

[Nemoo]

So, she can't stay in the country and she has to leave..
Can I ask this issue to Home Office beforehand?
Do you know a way or may be an e-mail address for it?
Thank you for you replies...

[Nemoo]

And a refugee with 5 year's granted visa doesn't fit to "settled person" definition?

[vinny]

And a refugee with 5 year's granted visa doesn't fit to "settled person" definition?

No.

“settled in the United Kingdom” means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

[Nemoo]

It may well have been an error of drafting, i can find no discernible reason why the situation of a refugee spouse who had entered the UK with a view to settlement, and whose partner died cannot be assimilated to the spouse of a British or Settled person.

The refugee person as a matter of law, has more permanence to their settlement than a person with ILR.

As a matter of law, it is more difficult to deport a recognised refugee, than it is to deport a person with an ILR in the UK. The threshold test for deportation of a Refugee is more greater under the UKBA Act 2007 than it is for a settled person.

OP ought to qualify at the very list outside the rules or challenge the failure of the Government to include Refugee Spouse under that provision.

I totally agree with your point because 3 groups of people's partners can get spouse visa : British citizen, ILR or Refugee, right?
In the same way of thinking, they should be evaluated the same in bereavement issue.
Is there a way of asking this to Home Office?

[Nemoo]

And a refugee with 5 year's granted visa doesn't fit to "settled person" definition?

No.

“settled in the United Kingdom” means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

Thank you.