Immigration Corner | Obtaining an ILR after the death of a spouse

Dear Mr Bassie,

Please advise if my spouse, who is a British citizen, dies, whether I will still be able to apply for indefinite leave to remain (ILR).

DN

Dear DN,

Persons may be eligible to apply for settlement (indefinite leave to remain in the United Kingdom) if their partner has died. The partner must have either:

• Been a British citizen

• Had indefinite leave to remain in the UK

• Been from the EU, Switzerland, Norway, Iceland, or Liechtenstein and had pre-settled status.

Please note that indefinite leave to remain is how persons settle in the UK. It is also called ‘settlement’. Settlement gives persons the right to live, work, and study there for as long as they like and apply for benefits if eligible. Persons can also use it to apply for British citizenship.

Persons’ permission to be in the UK must have been based on being their partner as part of a family visa. A ‘partner’ is one of the following:

• Their spouse (husband or wife)

• Their civil partner

• Someone they were living with in a relationship that is like a marriage or civil partnership

Persons can apply any time after their partner’s death. They do not have to wait until their current visa expires, and they must be in the UK when applying.

Fees

The application fee is £2,389, and persons will also need to pay £19.20 to have their biometric information (fingerprints and a photo) taken.

If they have family members applying for settlement with them, they will need to pay the £2,389 application fee and the £19.20 biometric information fee for each person.

Please note that if their application is approved, they will be able to do the following:

• Work

• Run a business

• Study

• Use public services such as healthcare and schools

• Apply for public funds (benefits) and pensions

• Apply for British citizenship, usually after a minimum of 12 months

Persons should also be aware that if they stay outside of the UK for more than two years, they can lose their indefinite leave to remain. They may need to apply before they can return to the UK.

Eligibility

Please note that permission to be in the UK must be based on their relationship.

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

When the partner has died, persons must have:

• Been living together in the UK

• Intended to live together permanently in the UK

Their partner must not have been living permanently in any another country. Also, persons do not need to take the Life in the UK Test or prove their English language skills.

In addition, for persons who are not eligible because their partner has died, there are other ways to apply for indefinite leave to remain.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com