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Bereaved HM Forces Dependants

Bereaved HM Forces Dependants

If you have lost your partner or parent, please contact NFF for support, guidance, and advice. Below are the basic requirements of the Immigration Rules relating to an application for either Indefinite Leave to Enter or Indefinite Leave to Remain on the basis that your HM Forces partner or parent has lost their life whilst in service.

 

Understandably, you will be grieving and possibly in shock at the loss of your loved one and should have the support of the Naval Service Families and People Support (NS FPS).

 

Every effort will be made to support you through this very sad and difficult time.  NFF can assist with the application for Indefinite Leave to Remain or Enter and provide you with any help, support, guidance and if deemed in your best interests, assist you with obtaining support from external agencies.

 

Under the Immigration Rules, a partner is considered a person, other than a fiancé(e) or proposed civil partner. Therefore, if you are in the United Kingdom and you are a fiancé(e) or proposed civil partner of a serving member who dies, you will not be eligible to apply for settlement on the basis that your HM Forces fiancé(e) or proposed civil partner has lost their life.   However, please seek NFF advice, there may be other options open to you, especially if you had a child together or if you are a woman and are currently pregnant and expecting the HM Forces person’s child.

Bereaved Partner

A partner qualifies for settlement as a bereaved partner if they make a valid application and their deceased partner was either:

  • a British citizen in HM Forces (including one who has naturalised after five years reckonable service)
  • a foreign or Commonwealth citizen serving in HM Forces
  • a discharged member of HM Forces who is a British citizen or had been granted or was seeking at the same time as the applicant leave to enter or remain under paragraphs:
  • 276E-QA of the Immigration Rules – click here then on HM Forces
  • 13-19 of Appendix Armed Forces

 

Paragraphs 276E – QA of the Immigration Rules this relates to Part 7 of the Immigration Rules concerning applicants who originally applied before 1st December 2013.

 

And, at the time of their partner’s death, their relationship met the following criteria:

  • they and their partner:
    • were both aged 18 or over
    • were not within the prohibited degree of relationship (not be so closely related) that their marriage would not be valid in the UK
    • intended to live together permanently
    • had met in person
    • the relationship was genuine and subsisting and each of the parties intended to live together permanently

 

For this Part, 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 Appendix Armed Forces; and
  • the applicant had leave under Appendix Armed as the partner or child of a member of HM Forces prior to the sponsor’s discharge.

 

Please note that you do not have to pass the Life in the UK test nor the B1 English Language Requirement for a grant of Indefinite Leave to Remain on the basis of being a bereaved partner.

 

Indefinite Leave to Enter

Entry Clearance and Indefinite Leave to Enter as a bereaved partner of a member of HM Forces will be granted to an applicant who:

  • is outside the United Kingdom as a result of accompanying their sponsor on an overseas posting;
  • has made a valid application for entry clearance and indefinite leave to enter 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; and
  • meets the general eligibility requirements in paragraph 34. (Bereaved partners)

 

Indefinite Leave to Remain

Indefinite Leave to Remain 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 as the bereaved partner of a member of HM Forces;
  • does not fall to be refused on the grounds of suitability; and
  • meets the general eligibility requirements.

 

Application Process
  • The application is done on form SET (AF)
  • NFF can assist and advise you with this process
Bereaved Child

The requirements for qualification as a bereaved child are that they have made a valid application and the parent who has died was at the time of their death:

 

  • a British citizen in HM Forces including one who has naturalised after five years reckonable service
  • a foreign or Commonwealth citizen serving in HM Forces
  • a discharged member of HM Forces who is a British citizen or had been granted or was seeking at the same time as the applicant leave to enter or remain under paragraphs:

 

They must also meet one of the following criteria:

  • Their other parent must also:
    • be a member of HM Forces who was granted or is being granted at the same time, leave to enter or remain under paragraphs 23-33 click here, which relates to those were in the process of applying for Limited Leave or 35-37 of Appendix Armed Forces click here , which relates to those applying for Indefinite Leave or paragraph 276S, V or AE of the Immigration Rules or under the concession for bereaved partners of foreign or Commonwealth members of HM Forces; this relates to Part 7 of the Immigration Rules concerning applicants who originally applied before 1st December 2013.
    • have died
  • the HM Forces parent has had sole responsibility for the applicant’s upbringing
  • there are serious or compelling family or other considerations which would make exclusion of the child from the UK undesirable and suitable arrangements have been made for the applicant’s care

 

Indefinite Leave to Enter

Entry clearance and indefinite leave to enter as a bereaved child of a member of HM Forces will be granted to an applicant who 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 this Appendix or paragraph 276AH of these Rules;
    • is outside the United Kingdom;
    • 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 entry clearance and indefinite leave to enter 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; and
    • meets the general eligibility requirements in paragraph 51.

 

Indefinite Leave to Remain

Indefinite leave to remain 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 this Appendix or paragraph 276AH of these 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 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; and
  • meets the general eligibility requirements in paragraph 51 click here

 

Children’s Application Process
  • The application is done on form SET (AF) 
  • NFF can assist and advise you with this process
Bereavement Support
Naval Families Federation (NFF)

The NFF has a comprehensive webpage dedicated to Bereavement Support for serving spouses and children. Click here for links to a wide range of support services that may help during this distressing time.

 

Naval Service Family and People Support (NSFPS)

For any “death in service”, the family will receive dedicated compassionate support from a member of NS FPS. For further information on the support that they offer and their contact details, click here.

 

Government guidance

Emotional and practical support for bereaved families and loved ones is available from government departments and approved charities

  • Click here for guidance for those who have lost their serving person.
  • Click here for information on bereavement compensation.
Posted on: 2nd September, 2020