ILR As A Bereaved Partner Of A Member Of HM Forces
You can apply for entry clearance for Indefinite Leave to Remain (ILR) as a bereaved partner of a member of HM Forces who is a foreign or Commwealth citizen. To succeed in your application for ILR as a bereaved partner, you will have to meet the requirements of the rules as set out in Appendix Armed Forces of the Immigration Rules.
According to paragraph 36 of Appendix Armed Forces, Indefinite Leave to Remain (ILR) as a bereaved partner of a member of HM Forces will be granted to an applicant who:
- is in the United Kingdom;
- has made a valid application for Indefinite Leave to Remain (ILR) as the bereaved partner of a member of HM Forces;
- does not fall to be refused on the grounds of suitability under paragraph 8 or 9 of Appendix Armed Forces; and
- meets the general eligibility requirements in paragraph 34 of Appendix Armed Forces.
The General Eligibility Criteria
According to paragraph 34 of Appendix Armed Forces, the general eligibility requirements to be met by a bereaved partner of a member of HM Forces are that:
- the applicant’s partner at the time of the applicant’s last grant of leave as a partner (other than as a fiancé(e) or proposed civil partner) was:
- a foreign or Commonwealth citizen who was a serving member of HM Forces; or
- a discharged member of HM Forces who had been granted, or was seeking at the same time as the applicant, leave to enter or remain under paragraphs 13-19 of Appendix Armed Forces or paragraphs 276E-QA of these Rules; or
- a British Citizen in HM Forces;
- the applicant’s partner has died;
- at the time of the applicant’s partner’s death the applicant and the partner:
- were both aged 18 or over;
- were not within a prohibited degree of relationship; and
- had met in person; and
- at the time of the applicant’s partner’s death the relationship between the applicant and the partner was genuine and subsisting and each of the parties intended to live together permanently.
According to paragraph 34A of the Immigration Rules, a reference to a member of HM Forces includes a former member of HM Forces who was discharged more than 2 years ago if that member of HM Forces
- is a British citizen; or
- was granted leave under this Appendix; and
- the applicant had leave under these Rules as the partner or child of a member of HM Forces prior to the sponsor’s discharge.
Limited leave to remain as a bereaved partner of a member of HM Forces for a period of 30 months may be granted to a person who fails to meet the requirements for indefinite leave to remain in paragraph 36 by reason only of failing to meet the suitability requirements in paragraph 8 or 9 in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain).
Limited leave to remain granted under paragraph 37 will be subject to a condition of no recourse to public funds.
As one of the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
Our specialist immigration solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).
Our expert team of immigration solicitors specialize in ILR applications. If instructed to represent you regarding your application for ILR as a bereaved partner of a member of HM Forces who is a foreign or Commonwealth citizen, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:
- Assessing your eligibility for ILR by considering all the relevant information and evidence;
- Advising you on the weaknesses and strengths of your ILR application;
- Advising you on the relevant documents to be submitted in support of your ILR application;
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
- Completing and submitting the online application form to apply for ILR by gathering all the relevant information from you;
- Helping you with paying the ILR application fee and booking your appointment with the UKVCAS centre for enrolment of your biometrics;
- Preparing a detailed cover letter to introduce and support your ILR application;
- Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
- Liaising with the Home Office UKVI for a timely decision on your ILR application.
Unless your matter very is complicated, our fixed fees for ILR as a bereaved partner of a member of HM forces who is foreign or Commonwealth citizen are given in the fee table below:
|Our Service||Our Fee|
|Full service for your ILR application as a bereaved partner to cover all the work until decision by the Home Office UKVI||From £800 + VAT To £1,500 + VAT|
The agreed fixed fee will depend on the complexity of the ILR application and the volume of casework involved in the application. In addition to our fixed fee for the ILR application, the applicant will also have to pay the Home office UKVI fees for the application.