Strapline:
Compassionate and specialist immigration advice for bereaved spouses, civil partners and qualifying unmarried partners seeking Indefinite Leave to Remain following the death of their British, settled or otherwise qualifying partner.
Losing a husband, wife or partner is an exceptionally difficult experience. Where your immigration status in the United Kingdom was based upon that relationship, bereavement can also create immediate uncertainty about whether you can continue living in the UK.
The Bereaved Partner route provides an important protection for certain people in this position. An eligible applicant can apply for settlement, also known as Indefinite Leave to Remain (ILR), following the death of their partner. Crucially, they do not normally have to complete the usual five-year partner route before becoming eligible.
This reflects the central purpose of the route: a person should not necessarily lose their pathway to settlement because the partner upon whom their immigration permission depended has died.
At Knights & Shah Solicitors, we advise bereaved spouses, civil partners and qualifying unmarried partners on their immigration position following the death of a partner. We can assess eligibility, review existing immigration status, prepare the evidence of the relationship and cohabitation, advise on applications involving children and assist where there are unusual circumstances or previous immigration difficulties.
Your existing draft correctly identifies the key advantage of the route: an eligible person can seek settlement following their partner’s death without waiting to complete the ordinary qualifying period.
The term Bereaved Partner Visa is commonly used for the immigration route allowing an eligible surviving partner to obtain settlement after the death of the person on whom their qualifying immigration permission depended.
It is not simply another temporary extension.
Where the requirements are satisfied, a successful in-country applicant is granted Indefinite Leave to Remain, allowing them to remain permanently in the United Kingdom.
This can remove the need to continue making temporary partner visa applications and provides greater security at an extremely difficult time.
The starting point is the immigration permission held by the surviving partner.
For the standard family route, the applicant must ordinarily have had, or last have been granted, permission based upon their relationship with the person who has died.
This can include permission as a:
The Home Office’s current guidance confirms that the applicant’s permission must have been based upon the relationship.
Someone whose permission was only as a fiancé, fiancée or proposed civil partner does not ordinarily qualify under the standard Bereaved Partner settlement provisions.
Different provisions can apply in certain HM Armed Forces cases.
For the standard family route, the deceased partner may have been:
Current GOV.UK guidance specifically identifies British citizens, people with ILR and qualifying EEA/Swiss nationals with pre-settled status among the relevant categories.
The precise immigration status of both the applicant and deceased partner should be checked because eligibility depends upon the route under which the surviving partner’s permission was granted.
No.
This is one of the most important features of the Bereaved Partner route.
An eligible applicant does not have to wait until they have completed the normal five-year partner route before seeking settlement.
This means that someone who has been in the UK on a qualifying Spouse, Civil Partner or Partner Visa for a relatively short period may still potentially qualify for ILR following their partner’s death.
The question is whether the Bereaved Partner requirements are satisfied, rather than whether the applicant has accumulated five years’ residence as a partner.
An eligible applicant can apply at any time after their partner has died.
There is no requirement to wait until the existing Partner Visa is approaching expiry. GOV.UK expressly confirms this.
For many people, dealing with immigration immediately after bereavement will understandably not be their first priority.
However, it can be helpful to establish the position reasonably promptly, particularly where the existing visa is approaching expiry or there are questions about immigration status.
Obtaining advice early can provide clarity without requiring the application to be rushed.
For the standard family Bereaved Partner route, the applicant must generally be in the United Kingdom when making the application.
Specific exceptions exist for certain people whose qualifying permission was connected with HM Armed Forces.
Someone who has travelled or relocated overseas following their partner’s death should therefore obtain advice rather than assuming that they can make an ordinary Bereaved Partner application from abroad.
The Home Office must be satisfied that the applicant and deceased partner were in a genuine and subsisting relationship immediately before the partner’s death.
For the ordinary family route, GOV.UK also states that when the partner died:
The deceased partner must not have been permanently living in another country.
The application therefore needs to establish more than the legal existence of a marriage or civil partnership.
It should provide a coherent picture of the relationship and shared life immediately before the death.
The evidence will depend upon the couple’s circumstances.
It may include:
Current GOV.UK guidance specifically requires evidence of the relationship and proof that the couple were living together.
The aim is not necessarily to produce every document the couple ever received. It is to provide clear and consistent evidence demonstrating the reality of the shared relationship.
This does not automatically prevent a successful application.
Many households do not have every account in joint names. One partner may manage the utilities or tenancy while the other receives separate official correspondence at the same address.
Evidence might therefore combine documents such as:
GOV.UK asks for official documents addressed jointly or individually at the same address and recommends using different types of evidence.
The evidence should be considered as a whole.
Temporary physical separation does not necessarily mean that a genuine relationship had ended.
There can be legitimate reasons why a couple were not physically together for a period, including:
However, this requires careful treatment because the standard eligibility requirements refer to the couple living together in the UK when the partner died.
Where living arrangements were unusual, the circumstances should be explained clearly and supported by evidence demonstrating that the relationship remained genuine and subsisting.
A permanent relationship breakdown before the partner’s death can present a much more significant eligibility difficulty.
Potentially, yes.
The route is not limited to husbands, wives and civil partners.
A person whose qualifying family permission was granted on the basis of an unmarried partnership can potentially qualify following their partner’s death. GOV.UK describes an eligible partner as including someone living in a relationship akin to marriage or civil partnership.
What matters is the applicant’s qualifying immigration permission and whether the relevant relationship requirements were satisfied immediately before the death.
Not under the standard Bereaved Partner settlement route merely on the basis of fiancé(e) permission.
Appendix Bereaved Partner excludes permission held only as a fiancé, fiancée or proposed civil partner from the ordinary qualifying partner categories.
Where a partner dies before the marriage or civil partnership takes place, the surviving person’s wider immigration circumstances should be reviewed to determine whether another route may be available.
The standard Bereaved Partner settlement route does not require the applicant to continue satisfying the ordinary £29,000 minimum-income requirement applicable to many new partner applications.
This is particularly important because bereavement can dramatically change household finances. The surviving partner may have lost the principal earner or become solely responsible for housing and children.
The Bereaved Partner application instead focuses on the specific settlement requirements applicable to this route.
No.
Current government guidance confirms that a standard Bereaved Partner applicant does not need to pass the Life in the UK Test or prove English-language ability.
This distinguishes the route from many other forms of settlement where both requirements can be central to eligibility.
Applicants should therefore avoid taking unnecessary tests simply because they are applying for ILR.
The exact evidence depends upon the individual case, but a well-prepared application will normally address several core areas.
This can include:
The deceased partner’s death certificate will ordinarily be required.
If the death occurred overseas, official documentation and, where necessary, an appropriate translation may be required.
This may include a marriage or civil partnership certificate or evidence establishing the qualifying unmarried partnership.
Official correspondence demonstrating the couple’s shared address can be particularly important.
The Home Office’s current document guidance specifically requests the applicant’s passport, previous passports, death certificate, relationship evidence and proof that the couple lived together.
The fact that the death itself occurred abroad does not necessarily prevent an application.
The important issue is the couple’s circumstances immediately before the death.
The published eligibility criteria require the couple to have been living together in the UK and intending to continue living permanently here. The deceased partner must not have been permanently resident in another country.
A death during a temporary holiday or overseas visit can therefore be factually different from a situation where the deceased partner had permanently moved abroad.
Eligible dependent children may potentially obtain settlement alongside the surviving parent.
Appendix Bereaved Partner expressly provides for dependent children on the route.
Their individual eligibility should nevertheless be checked.
Relevant matters can include their previous immigration permission, age, dependency, living arrangements and relationship with the surviving parent.
Children should not simply be assumed to qualify automatically because the parent’s Bereaved Partner application succeeds.
As at August 2026, the published government application fee is £3,226 per applicant.
Where qualifying family members apply for settlement, a separate application fee is generally payable for each person.
Importantly, a fee waiver may be available in qualifying circumstances.
GOV.UK states that an applicant may not have to pay where evidence demonstrates, for example, that they cannot afford accommodation, cannot meet essential living costs or have such a low income that paying the fee would harm their child’s wellbeing.
The financial evidence for a fee-waiver request should be prepared carefully.
The standard application is made online from within the UK.
The applicant will provide supporting documents and biometric information as part of the process.
The application should be checked carefully before submission, particularly where:
This is particularly important.
Once an in-country application has been submitted, the applicant should not travel outside the UK, Ireland, the Channel Islands or the Isle of Man before receiving a decision.
Current government guidance states that doing so will cause the application to be treated as withdrawn.
Travel plans should therefore be considered before submission.
Current government guidance indicates that a decision is usually made within six months.
Individual cases can take longer where further checks, verification or additional consideration are required.
Processing times should always be treated as indicative rather than guaranteed.
A successful applicant receives Indefinite Leave to Remain.
ILR allows the person to live permanently in the UK and ordinarily permits them to:
Settlement can also create a future pathway towards British citizenship, subject to satisfying the separate nationality requirements.
Citizenship is not automatic and should be considered separately after settlement.
An expired visa can make the position more complicated.
Bereavement should not be assumed automatically to cure an existing immigration-status problem.
The applicant’s immigration history, expiry date, circumstances surrounding the bereavement and any period of overstaying should be reviewed carefully before an application is submitted.
Likewise, if the partner died before qualifying partner permission was ever granted, the standard route may not apply in the usual way because eligibility generally depends upon the applicant having had, or last having been granted, qualifying permission as the deceased person’s partner.
The standard Bereaved Partner settlement route should not be confused with the position of every person who was a dependant of someone working in the UK.
If your immigration permission was as a dependant of someone on a work route, your position may be governed by different Immigration Rules.
The particular visa held by both partners must therefore be established before assuming that immediate settlement under Appendix Bereaved Partner is available.
Not qualifying under the Bereaved Partner route does not necessarily mean that you must leave the UK immediately or that no alternative exists.
Depending upon your circumstances, it may be necessary to consider:
The correct alternative will depend upon your immigration history and personal circumstances.
A refusal can arise where the Home Office is not satisfied that the requirements have been established.
Issues may include:
A refusal should be reviewed against the evidence actually submitted and the requirements of Appendix Bereaved Partner, rather than simply submitting another application.
Bereavement can create substantial emotional, financial and practical pressures. Immigration advice should therefore be clear, sensitive and focused on resolving the applicant’s status with as little unnecessary complication as possible.
At Knights & Shah Solicitors, we can assist with:
Our objective is to ensure that the application clearly demonstrates the applicant’s qualifying immigration status, the relationship immediately before the death and the evidence required for settlement.
If you require advice contact Knights & Shah Solicitors.
We provide clear, solicitor led advice, strategic case planning and robust court representation to protect our clients.
Top UK Solicitors in Housing Law & Civil Litigation - Defending Your Rights Effectively
Qualified Attorneys Dedicated to Your Rights – Expert Legal Support You Can Trust
Proven Success in Defending Your Rights and Achieving Justice
“Justice will not be served until those who are unaffected are as outraged as those who are.”
