If there is a child of a person who has been partner of a British citizen or a settled person who has died recently, the child can be included in the application for Indefinite Leave to Remain (ILR) of the bereaved partner. It is to be remembered that the child can be child of both the parents or one of the parents.
A fiancé(e) or proposed civil partner is not considered as a bereaved partner for the purpose of this application. Therefore, any child born out of this type of relations shall not be considered for this purpose. That means if child’s parent has been the spouse or civil partner or in a relationship which was akin to marriage, the child will be eligible to be included in the application under this route of Appendix FM.
Child’s age must have been below 18 years when he came to the UK as child of his parent who has been granted leave to remain as partner of a British citizen or settled person who has just died or as child of the deceased British citizen or settled person.
His parent or partner of the deceased person must make the application when both the child and the partner are in the UK. The bereaved parent can make this application, at any time of their current leave. For example, if both the child and his parent have just arrived at the UK as parent being partner of a British citizen or a settled person, the bereaved parent will be eligible to apply upon death of child’s parent’s partner or child deceased parent. No Life in the UK test or pass in English language test is required for the deceased partner.
If the application is refused on the ground of conviction of the partner under S-ILR.1.5 or S-ILR.1.6, both of them will be granted further 30 months leave to remain and after prescribed time limit has elapsed, both of them will be eligible to apply for Indefinite Leave to Remain. If the partner is still within the prescribed time limit after the conviction, they both need to continue to apply for leave to remain under bereaved partner route.
Application fee for ILR under Bereaved Partner route is same as other ILR application which is currently £2389.
In Immigration 2 UK, we shall process bereaved partner application error-free and make sure your parent’s application succeeds without any difficulty. Bereaved partner i.e. your parent can contact us by email, WhatsApp, or Skype. We are very much considerate about the client’s situation and therefore it is our policy to extend professional help with utmost empathy.