Remaining in the UK after a partner dies

Dear Mr Bassie,

MY PARTNER is extremely sick and I have been looking after him in the United Kingdom (UK). I am not a British citizen, and I would like to know whether I will have to leave if he dies.

GJ

Dear GJ,

Persons may be eligible to apply for settlement, that is indefinite leave to remain in the United Kingdom, if their partner has died. Those persons’ partners must have either been British citizens or had indefinite leave to remain in the UK.

Permission to be in the United Kingdom must have been based on being their partner. Please note, a ‘partner’ is considered to be one of the following:

■ Spouse (husband or wife).

■ Civil partner.

■ Someone that person was living with in a relationship that is like a marriage or civil partnership.

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

HOW LONG PERSONS CAN STAY

Persons who are granted indefinite leave to remain are entitled to continue to live and work in the UK for as long as they like, and it will also mean that they are eligible:

■ To work in any job.

■ To run a business.

■ For public services, such as healthcare and schools.

■ For public funds and pensions.

■ For British citizenship, if they meet the requirements.

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

ELIGIBILITY

With respect to eligibility, a person’s permission to be in the UK must be based on their relationship.

Before the partner died, a person must have got a visa as their partner, but not as their fiancé/fiancée or proposed civil partner. When the partner died, he/she must have been living together in the UK or had intended to live together permanently over there. Please note that prior to dying, the deceased must not have been living permanently in another country.

Please be aware that an application might be refused if, for example, the applicant:

■ Had/has a criminal record in the UK or another country.

■ Provided false or incomplete information to the Home Office.

■ Broken UK immigration law.

Persons do not need to take the Life in the UK Test or prove their English language skills.

DOCUMENTS THAT MUST BE PROVIDED

Persons must provide:

■ A current passport or other valid travel identification.

■ Any previous passports they have had while living in the UK.

■ Their biometric residence permit, if they have one.

■ Their police registration certificate (unless they did not need to register).

■ Their partner’s death certificate.

■ Proof of the relationship, for example, a certificate of marriage or civil partnership.

■ Proof that they were living together with a partner.

PROOF OF LIVING TOGETHER

Persons will need documents to show that they lived with their partner until they died, starting from when they had gotten permission to be in the UK as their partner.

Persons will need to provide six official documents addressed to both persons, or to each one individually, at the same address.

Applicants should include as many different types of documents as possible, for example:

■ Gas, water or electricity bills.

■ Telephone bills.

■ Council Tax bills.

■ Bank statements and letters.

■ Letters from a government department.

■ Letters concerning the TV licence.

■ Tenancy agreements.

■ Mortgage agreement or statements.

■ Letters from a general practitioner, a hospital or health service.

HOW TO APPLY

Applicants must apply online and they need to be in the UK when applying. When applying, persons will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information.

Those persons will also need to submit their supporting documents. They can upload them into the online service or have them scanned at their UKVCAS appointment.

Please note that applicants must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they get a decision. If they do, the application will be withdrawn.

Persons will be told whether the application has been successful within six months. However, persons may be contacted if the application is complex and will take longer, for example:

■ If supporting documents need to be verified

■ If persons need to attend an interview

■ Because of their personal circumstances; for example, if they have a criminal conviction.

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