ILR As A Bereaved Child Of A Member Of HM Forces

You can apply for entry clearance for Indefinite Leave to Remain (ILR) as a bereaved  child of a member of HM Forces who is a foreign or Commwealth citizen. To succeed in your application for ILR as a bereaved child, you will have to meet the requirements of the rules as set out in Appendix Armed Forces of the Immigration Rules.

Requirements For ILR As A Bereaved Child

According to paragraph 53 of Appendix Armed Forces, Indefinite Leave to Remain (ILR) as a bereaved child of a member of HM Forces will be granted to an applicant who:

• is in the United Kingdom;
• was either:
  • under 18 years of age at the date of application; or
  • aged 18 or over at the date of application and was last granted leave to enter or remain under paragraph 43 or 47 of Appendix Armed Forces or paragraph 276AH of Immigration Rules; and
• is not married or in a civil partnership;
• has not formed an independent family unit;
• is not leading an independent life;
• has made a valid application for Indefinite Leave to Remain (ILR) as the bereaved child 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 51 of Appendix Armed Forces.

General Eligibility Requirements

According to paragraph 51 of Appendix Armed Forces, the general eligibility requirements to be met by a bereaved child of a member of HM Forces are that:

• one of their parents has died and at the time of their death 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 Immigration Rules; or
  • a British Citizen who was a member of HM Forces; and
• they meet one of the following criteria:
  • their other parent must:
    • also come within sub-paragraph 51(a) of Appendix Armed Forces; or
    • have been granted, or be being granted at the same time as the applicant, leave to enter or remain under paragraphs 23-33 or 35-37 of Appendix Armed Forces, under paragraph 276S, 276V or 276AE of Immigration Rules or under any concession that existed outside these Rules whereby the Secretary of State exercised her discretion to grant leave to enter or remain to bereaved partners of foreign or Commonwealth members of HM Forces; or
    • have died; or
  • the parent in question had sole responsibility for their upbringing; or
  • there are serious and compelling family or other considerations which make exclusion of the applicant from the United Kingdom undesirable and suitable arrangements have been made for their care.

Limited Leave Instead Of Indefinite

According to paragraph 54 of Appendix Armed Forces, limited leave to remain as a bereaved child of a member of HM Forces for a period of 30 months will be granted subject to a condition of no recourse to public funds to an applicant who fails to meet the requirements for indefinite leave to remain in paragraph 53 by reason solely of failing to meet the suitability requirements in paragraph 8 or 9 of Appendix Armed Forces in respect of a grant of indefinite leave (but not a grant of limited leave to remain).

Super Priority Service (Decision Within 24 Hours) For ILR as A Bereaved Child

As one of the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial 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).

How Can We Help?

Our expert team of immigration solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as a bereaved child 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.

How Much We Charge?

Unless your matter very is complicated, our fixed fees for ILR as a bereaved child of a member of HM forces who is foreign or Commonwealth citizen are given in the fee table below:

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.