The Bereaved Partner Visa path provides settlement to individuals who were previously given authorization as a spouse, civil partner, or unmarried partner, and whose partner has passed away. The Bereaved Partner pathway results in the awarding of indefinite leave to remain in the United Kingdom. Children who rely on a partner who has passed away can also seek Indefinite Leave to Remain (ILR) through this pathway.

Requirements for Indefinite Leave to Remain as a Bereaved Partner 

In order to qualify for settlement on the Bereaved Partner route, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• You are in the UK (unless you were last granted permission as a partner under Appendix Armed Forces);
• Your partner at the time of your last grant of permission as a partner has died;
• Before your partner died, you were granted a family visa as their partner (but not as their fiancé, fiancée or proposed civil partner);
• You and your partner were in a genuine and subsisting relationship immediately before your partner’s death;
• Your application does not fall for refusal under the general grounds for refusal;
• If applying from outside the UK (i.e. because your partner who died served as a member of HM Forces), you have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy in order to qualify for a UK Bereaved Partner Settlement Visa may vary depending on your personal circumstances.  You may want to speak to an immigration lawyer for expert advice. 

Bereaved Partner Visa Immigration Status Requirements

In order to qualify for a Bereaved Partner Settlement Visa, your partner must, at the time of their death, have either:

• Been a British citizen;
• Had indefinite leave to remain in the UK; or
• Been from the EU, Switzerland, Norway, Iceland or Liechtenstein and have held pre-settled status;

Your permission to be in the UK must be, or have last been, based on you being their partner holding one of the following types of family visas: 

• A spouse visa (husband or wife);
• A civil partner visa; 
• An unmarried partner visa;

If you hold, or last held, permission as a fiancé(e) or proposed civil partner then you will not qualify for indefinite leave to remain as a Bereaved Partner.  

The Bereaved Partner route is not available to those who are in the UK under the points based system or as an EEA national.  Different rules and regulations apply in these circumstances.  

Timing of a Bereaved Partner ILR Application

As a Bereaved Partner, you have the option to apply for Indefinite Leave to Remain (ILR) at any time following the death of your partner. There is no requirement to delay until your present visa reaches its expiration date. Similarly, there is no prerequisite for an individual applying for Indefinite Leave to Remain (ILR) as a Bereaved Partner to possess valid immigration status at the time of their application. An application for Indefinite Leave to Remain (ILR) as a Bereaved Partner can be submitted at any point following the death of a partner.

It is crucial to promptly submit an application for indefinite leave to remain as a Bereaved Partner. The reason for this is that if the connection on which your immigration status is based ceases to exist, there is a possibility that the Home Office may revoke any existing permission to stay that you have.

Evidence Required for a Bereaved Partner ILR application

Partner Is Deceased

You must provide evidence to substantiate the demise of your significant other. Submission of a death certificate is required.

Genuine and Subsisting Relationship

Furthermore, when seeking indefinite permission to remain as a Bereaved spouse, it is necessary to provide evidence that your relationship was authentic and ongoing immediately before to the death of your spouse.

Assessments on the authenticity and continuation of a relationship are determined on a case-by-case basis, considering all available evidence and particular circumstances.

The Home Office takes into account various factors while assessing the authenticity and stability of your relationship, such as:

• Whether you and your partner were in a current, long-term relationship; 
• Whether you and your partner were living together;
• Whether you and your partner had children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your partner had shared financial responsibilities;
• Whether you and your partner had visited the other’s home country and family;
• Whether you and your partner had made definite plans concerning the practicalities of living together in the UK;

The Home Office will want substantial proof of frequent communication, displays of affection and companionship, emotional assistance, and a strong concern for each other's welfare and well-being.

Aside from a marriage or civil partnership certificate (unless you were in an unmarried partnership), the Home Office will require proof of cohabitation. It is preferable for documents to be in both your name and the name of your dead partner. Alternatively, you can depend on documents that are specifically sent to both individuals residing at the same address. Documents must have a recent date and come from various sources. While official documents are the preferable form of proof, alternative documents that demonstrate cohabitation can be filed if official documents are not available.

If you and your partner have recently started living together, it is also feasible to present informal proof of a connection.

As previously stated, the Home Office will require substantial evidence of a legitimate and ongoing relationship. If there are valid reasons to question the authenticity or existence of your connection, your application for a Bereaved Partner Visa will be denied.

Our immigration solicitors frequently provide guidance to Bereaved Partner settlement visa applicants regarding the specific documentary evidence that the Home Office requires to confirm the authenticity of their relationship, which should be founded on genuine affection and shared values, and that it was still ongoing at the time of the partner's demise. We do not depend on pre-made lists of documents and always provide guidance to our customers based on their individual circumstances, advising them solely on the necessary documents to demonstrate a legitimate and ongoing relationship.

Intention to Live Together Permanently in the UK

In order to meet the requirements of the Home Office, you must provide evidence that you and your partner were cohabiting in the UK and had the intention to establish a permanent residence together in the UK. Documentation should commence from the moment you obtained your authorization to reside in the United Kingdom as a partner.

The Home Office requires that any time spent outside the UK should be limited, with valid justification and in line with the aim to permanently reside together in the UK. Valid justifications may encompass periods of time spent abroad for professional purposes, vacations, educational pursuits, or training endeavours.

If you or your partner have spent most of your time abroad, and you apply for indefinite leave to remain as a Bereaved Partner, the Home Office may question your commitment to permanently living together in the UK. The Home Office will evaluate the purpose of travel, duration of absence, and whether you and your partner travelled and resided together throughout the period spent outside the UK. 

Life in the UK and English Language 

Unlike other ILR applications, passing the Life in the UK test or demonstrating English language proficiency is not required to be eligible for ILR as a Bereaved Partner.

Applying for Bereaved Partner ILR From Outside the UK

The sole condition under which it is feasible to seek settlement as a Bereaved Partner from a location outside the United Kingdom is if you were previously authorised as a partner under Appendix Armed Forces.

To be eligible for a Bereaved Partner Settlement Visa from outside the UK, your partner must have met one of the following conditions at the time of their death:

• Been a British citizen;
• A foreign and commonwealth citizen who was a serving member of HM forces; or
• A member of HM Armed forces who had applied for, and would have been granted if they had not died, or had been granted, permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces;

Your permission to be in the UK must be, or have last been, based on you being their partner holding one of the following types of family visas: 

• A spouse visa (husband or wife) under Appendix Armed Forces;
• A civil partner visa under Appendix Armed Forces; 
• An unmarried partner visa under Appendix Armed Forces;

If you hold, or last held, permission as a fiancé(e) or proposed civil partner under Appendix Armed Forces then you will not qualify for indefinite leave to remain as a Bereaved Partner.  

Requirements for ILR as a Dependent Child of a Bereaved Partner

Your child / children may qualify for ILR as a Dependent Child of a Bereaved Partner if the following requirements are met:  

• They have permission to be in the UK based on being your partner’s dependant;
• They were under 18 when this permission was given;
• They will live with you in the UK;
• They will have somewhere to live and be financially supported without using public funds;
• They are not married or in a civil partnership.

If your child is over 18 at the date of application then they will need to pass the Life in the UK test and demonstrate English language proficiency to at least CEFR Level B1 (speaking and listening).

Bereaved Partner Visa Application Fee

The current charge for a Bereaved Partner settlement visa application submitted from within or outside the UK is £2,885, as stipulated by the Home Office.

If multiple dependent children apply simultaneously, each child will be required to pay an individual application fee.

Bereaved Partner Visa Processing & Decision Processing times Applications for Indefinite Leave to Remain (ILR) for bereaved partners are normally resolved within a period of 6 months.

Duration of a Bereaved Partner Visa

If your application for a Bereaved Partner Visa is approved, you will be given indefinite permission to stay (sometimes referred to as settlement) in the UK.

Your indefinite leave to remain status will be revoked only if you remain outside the UK for a period exceeding 2 years at any given moment.

If you have held Indefinite Leave to Remain (ILR) as a Bereaved Partner for 12 months, you may meet the requirements to apply for Naturalisation as a British Citizen. To become a British citizen by naturalisation, you must fulfil specific legal requirements related to your duration of stay in the UK, future plans, proficiency in English language and understanding of life in the UK, as well as having a decent character.

Working in the UK on a Bereaved Partner Visa

Visa holders who have lost their partner have the whole entitlement to engage in employment within the United Kingdom.