The following Immigration practice note Produced in partnership with Jo Renshaw of Turpin Miller provides comprehensive and up to date legal information covering:
The Immigration Rules relating to applications for indefinite leave to remain (ILR) made after the death of the sponsoring partner during the probationary period can be found at:
Immigration Rules, Part 8, paras 287(b)‒289—for those who were granted leave as a spouse or civil partner under Part 8
Immigration Rules, Part 8, paras 295M‒295O—for those who were granted leave as an unmarried or same-sex partner under Part 8
Immigration Rules, Appendix FM, paras BPILR.1.1‒D-BPILR.1.3—for those granted leave as a partner under Appendix FM
Note that the bereaved partner rules only cover those whose partner was a British citizen or had settled status and not those whose partners had refugee leave, humanitarian protection or any other form of limited leave. Those with leave as fiancé(e)s or proposed civil partners are also excluded.
If an application under the rules is successful, the applicant partner will usually be granted ILR (unless they wish to be granted a short period of leave to sort out their affairs before leaving the UK). There is also provision for a grant of limited leave to remain in some circumstances where the applicant partner has previous convictions or admitted criminal conduct.
The bereaved partners rules provide for an applicant partner to make an application for ILR at any time after the death of the sponsoring partner, rather than wait until their current leave is due
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