What if your spouse dies before ILR?

I read a post on here somewhere (don't remember which one) that had a reference to the death of a spouse.  It seemed like it was saying that the only way an immigrant can stay in the UK if their spouse dies, is if they already have their ILR.  Is this true?  Is there no recourse for someone on a FLR?  If you've lived here with your spouse for up to two years and they die, do they really deny you the opportunity to stay in the country?

5. BEREAVED SPOUSES

Paragraphs 287(b) make provision for spouses, who are bereaved during the probationary period to be granted indefinite leave to remain in the UK, provided that the marriage was subsisting at the time of the sponsor's death......

5.1. Key Points

- the applicant has limited leave to enter or remain in the UK as the spouse, unmarried or same sex partner or civil partner of a person present and settled here; and

- the relationship was subsisting at the time of the sponsor's death. It will not normally be appropriate to make detailed enquiries as to the subsistence of the marriage, civil partnership or relationship unless there are already doubts expressed on file. In most cases it will be appropriate to grant indefinite leave to remain on sight of the sponsor's death certificate and without further enquiry.

5.2. Doubtful cases

In cases of doubt, for example where there were doubts expressed at the time of granting the initial period of leave to remain, or where allegations have since been made about the genuine and subsisting nature of the relationship, it may be appropriate to refuse the application. However it must be borne in mind that the burden of proof on the Secretary of State will be very high, in view of the fact that the applicant is not in a position to prove the subsistence of a relationship where their spouse, unmarried or same sex partner or civil partner has died. It is expected that refusals of bereaved spouse, unmarried or same sex partner or civil partner applications will be extremely rare and that applications will only be refused where there is sufficient evidence to suggest that the refusal would be upheld at appeal.

5.3. Further Guidance

Caseworkers should remember that bereaved applicants will be in some distress and any necessary enquiries should be made with tact and diplomacy.

Not all spouses, civil partners, unmarried or same sex partner will wish to settle in the United Kingdom if their sponsor has died, preferring to return to their country of origin or ordinary residence. In such cases an applicant may be granted further leave to remain for 6 months, subject to the same conditions, to give them time to sort out their affairs.

5.4. Refusals

The general guidance on adverse decisions at Chapter 9, Section 1 provides important advice about the decision making process and should be consulted whenever an application falls to be refused.

Although rare, it can occasionally happen that a sponsor dies before his or her spouse/civil partner is able to complete the 24 month probationary period (see Paragraph 13.2). In such cases it is possible for the Home Office to grant Indefinite Leave to Remain (ILR) to the surviving spouse/civil partner providing the relationship was subsisting at the time of the sponsor’s death. Applications for ILR in these circumstances are made in the UK but it is possible, though unlikely, that you may receive an application overseas. If you do, you should refer details of the application to the HO for consideration.

And I think the recent quote was to say this very thing that basically the only way to get leave to remain is in exceptional circumstances, like a spouse dying.  It is going to be the exception to the rule and you will likely have to prove that you have more in the UK to be here for then just your spouse or partner (like job, strong familiy or social ties, etc).

The other one, which is a bit of a sticky situation, is when the marriage our civil partnership breaks down due to abuse by the sponsor.  The immigrant can in some cases stay, but UKBA is making it difficult by accusing the abused spouse of having access to public funds if they end up going to a shelter to get away from the abusive husband!  I know, crazy.

Lisapower, as Vinny has detailed, there is a path from a time-limited spouse visa to ILR, notwithstanding the death of the sponsor, as long as the marriage was subsisting up to the time of the death.

However, what there is not .... in the immigration rules .... is a path from a fiancé(e) visa to ILR. That is, let's assume the person comes to the UK on a fiancé(e) visa, and either the marriage has not yet happened, or it has happened, but the person has not yet got round to converting that visa into a spouse visa, using form FLR(M). In these circumstances there is nothing in the rules to permit conversion into ILR.

Hint .... after the marriage has happened ... convert into a spouse visa without delay!

Thanks to you all for  that info and to you John for explaining a little more so that I understood.  My FLR-M is going out in the post on Monday.  I spent yesterday getting everything ready for it and I feel pretty comfortable with how it all looks.