Indefinite Leave to Remain If Your Partner Dies in the UK
Should your partner pass away while you were in the UK as their spouse, civil partner, or unmarried partner, you may be entitled to lodge an application for Indefinite Leave to Remain (ILR) as a bereaved partner. Immigration Solicitors UK offers is services to clients in London as well as those throughout the UK to obtain permanent settlement through this emotional route.
Should your partner pass away while you were in the UK as their spouse, civil partner, or unmarried partner, you may be entitled to lodge an application for Indefinite Leave to Remain (ILR) as a bereaved partner. Immigration Solicitors UK offers is services to clients in London as well as those throughout the UK to obtain permanent settlement through this emotional route.
What is a Bereaved Partner Visa in the UK?
The Bereaved Partner Visa enables a person to go on living in the UK permanently after the demise of their British or settled partner, on condition that they were in possession of a valid family or partner visa when their partner died. The visa is intended as reparation and support for the most affected amongst the lives of a spouse or partner loss thus the departure out of the UK might be the only option available here, and the visa offers a different solution.
Key Points:
- The ones on a spouse, civil partner, or unmarried partner visa at the time of the partner’s death are eligible to apply for this.
- This is not applicable to the 5-year normal residence period in the UK that should be fulfilled.
- Applicants are not required to prove they have enough income or knowledge of the English language.
- Gives Indefinite Leave to Remain (ILR), which is the right to live in the UK permanently.
The relationship has to be sincere and still existing until the time of death for the person to be eligible. ISUK can back you up by providing solid evidence as well as legal representation and they will demonstrate that your relationship was genuine.
To qualify for ILR as a bereaved partner, you need to satisfy certain conditions outlined by the UK Home Office.
1. Visa Status at Time of Partner’s Death
The UK partner visa you held at the time your spouse passed away should have been valid. The partner can be a husband or wife, a civil partner, or an unmarried partner. Visitors or fiancés are considered ineligible.
2. Relationship Requirement
- You and your partner must have had a genuine marriage that was still in existence at the time of his/her death.
- You should have shared a household in the UK.
3. Partner’s Status
Your partner should have been one of the following:
- A person with British nationality,
- Someone granted Indefinite Leave to Remain,
- A person who has settled or pre-settled status under the EU Settlement Scheme.
4. Residence in the UK
While submitting your application, you should be in the UK at the time. ILR as a bereaved partner to a foreign country is not possible.
5. Good Character Requirement
There are no occurrences of serious crime committed by you or significant immigration breaches.
You do NOT have to comply with:
- The minimum income limit
- The English language expertise
- The Life in the UK Test
At ISUK, we offer our clients expert advice, helping them compile convincing proofs of their relationship and condition, thereby increasing their chances of success.
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At Immigration Solicitors UK, we are all too aware of the emotional roller coaster one gets into while making a visa application due to the loss of a family member. We handle your case with sensitivity, discretion, and expert legal knowledge. Our services are:
- Checking your eligibility and legal status
- Drafting and lodging your ILR application
- Gathering and confirming documents
- Taking care of complicated or rejected applications
- Continuous support from the start to the decision stage
Our mission is to provide you with comfort while ensuring that you can stay in the UK in the future.
Indefinite Leave to Remain (ILR) is, in essence, a form of permanent residence; however, it can be lost if particular conditions are met:
1. Extended Absence from the UK
If you have left the UK for a period exceeding two years without interruption, your ILR status may have been withdrawn. The only way to come back is to apply for a Returning Resident visa.
2. Deception or Misrepresentation
Any fakes or false documents submitted for obtaining ILR will lead the Home Office to deregister your status.
3. Criminal Convictions
The issuing of ILR might become void, should you commit a serious offence in the time after receiving settled status.
4. Transition to British Citizenship
Your ILR ceases automatically the moment you obtain British citizenship, as it will no longer be necessary.
It goes without saying that it is crucial to:
- Maintain ties to the UK (job, property, or family)
- Avoid long periods abroad
- Keep your Biometric Residence Permit (BRP) updated
ISUK can be there to support you in maintaining your settled status and to guide you through the citizenship options when you become eligible.
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The ILR application as a bereaved partner has fewer requirements than standard routes. To apply, you must show that:
- You were in the UK on a valid partner visa at the time of your partner’s death.
- The relationship was genuine and ongoing until they passed away.
- Your deceased partner was a British citizen or held ILR, settled, or pre-settled status.
- You are applying from within the UK.
There is no need to meet financial, English language, or Life in the UK test requirements. However, supporting documents are critical to prove your relationship and immigration status. ISUK ensures your application is comprehensive and properly submitted to avoid delays or refusal.
A bereaved spouse visa is a kind of a humanitarian channel for those who want to settle because of the death of a spouse. It is for those who are with a partner visa only in the UK.
Who Can Apply?
In case you meet the following requirements, it may be possible for you to get indefinite leave to remain (ILR) as a bereaved partner.
- You have come to the UK on a family visa being a spouse, civil partner or an unmarried partner.
- During the visa period, your partner has unfortunately passed away.
- Your partner was a British citizen or had the status of a settled person.
How Does the Application Process Work?
- Check Eligibility Make sure you have the correct visa type and fulfill all the conditions.
- Gather Evidence It is some evidence that is needed such as the death certificate of your partner, confirmation of your visa status, and the evidence of your relationship.
- Submit Application: Fill in the online form SET(O) and upload the required documents as evidence.
- Attend Biometric Appointment. Attend the UKVCAS appointment and provide your fingerprints and a photo.
- Pay Fees The ILR charge in 2025 is £2,885. You can select between standard and priority processing.
- Receive Decision Standard decisions take no more than 6 months; priority service is much faster.
Our team of experienced solicitors undertakes these tasks on your behalf for an error-free and sympathetic service during this challenging time.
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In case of the death of a spouse, who is on a partner visa, immigration rules allow to apply for indefinite leave to remain (ILR) as a bereaved partner under a special concession. The basic points to be taken into account are:
- The submission of your application must be made from within the UK.
- You must still have a valid spouse or partner visa at the time of death.
- Furthermore, your partner must have been British, have settled status, or be an EU settled status holder.
Seriously Mistakes to Avoid:
- Submitting your application from outside the UK (not allowed).
- Not having enough proof of the relationship (documents of everyday life, cohabitation proof).
- Not including the death certificate or relevant legal documentation.
ISUK assists you in gathering the necessary documents and guides you through the challenging legal process carefully and thoroughly.
Suppose your partner dies while you are in the UK on a valid spouse or partner visa. In that case, you have the right to apply for ILR without having to complete the 5 years if you act promptly.
Steps:
- Make sure that it is the correct visa
- Get the documents to confirm the fact of living together
- Bring your partner’s death certificate
- Complete your application with the SET(O) form
Our solicitors are with you every step of the way, ensuring that your case is presented correctly and professionally.
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You have to prove that your immigration status at the time of the death of your partner was legal and based on a relationship with a British or settled partner. You must:
- Be physically in the UK
- Have had a partner visa (spouse/civil/unmarried partner)
- Not be on a fiancé(e) or visitor visa
The route is one of a kind as it offers people who have lost their partners both compassion and security. ISUK is fully committed to protecting your legal rights.
Evidence Required for a Bereaved Partner ILR Application
Substantial evidence is key to a successful application. You will need:
- Your valid Biometric Residence Permit
- Death certificate of your partner
- Proof of the relationship (e.g., tenancy agreements, joint bills)
- Documents that confirm you were living together
- Passport and immigration history
- Optional: Character references, photos, communication records
Here at ISUK, we have your back every step of the way when it comes to gathering evidence and presenting it to the Home Office in a way that ensures they will accept it without any issues.
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we understand that immigrating to a new country is a significant
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Applying for Bereaved Partner ILR from Outside the UK
Regrettably, ILR in the capacity of a bereaved partner can only be applied for if you are in the UK. It is not possible to submit your application from outside the country. Also, if you travel to a place outside the UK after your partner has died, you may be in danger of losing your eligibility under this route.
If you are overseas:
- It may be necessary for you to obtain another visa in order to come back to the UK (e.g., Returning Resident Visa).
- You will be required to prove that you have close personal relations with the UK and also provide evidence of your prior immigration status.
This is very important to get advice from the legal representative before you leave the UK after your partner’s death. ISUK is the source of this urgent legal advice for the bereaved to ensure that their rights in the immigration matter are kept.
FAQ
Frequently Asked Questions
Can I remain in the UK if my partner passes away?
If you were in possession of a valid spouse or partner visa, you have the right to apply for ILR as a bereaved partner.
Is it obligatory to wait for 5 years until submitting an application?
You are not required to do so. Immediate application is possible if you are qualified.
What type of visa would I have to be in possession of?
A valid spouse, civil partner, or unmarried partner visa.
May I submit my application from a different country?
Not really; you are required to apply only from within the UK.
Are there financial obligations to fulfill?
No, those who are applying as bereaved partner are not required to meet this condition.
Is taking the Life in the UK test necessary?
This is not the case for this route.
What are the required documents?
Relationship proof, death certificate, and immigration-related documents will be necessary.
Is it permitted to work during the time my application is in process?
Indeed, you can, provided that your current visa status allows it.
What is the estimated time for the application to be decided upon?
The standard period is up to 6 months, while the priority service is completed in a shorter timeframe.
May I get help from ISUK during the application process?
Yes. We assure you of our legal help and guidance at every stage.
