The loss of a partner is a traumatic experience. This can be compounded by fears of how a bereavement will affect your immigration status. Fortunately, the UK immigration rules contain provisions to settle in the UK following a bereavement in certain circumstances. This article explores the rules for bereaved partners, found in the new Appendix Bereaved Partners.
This category applies where an individual is in the UK, was last granted permission under the partner visa route and their partner has died. If an application is successful, the applicant will be granted Indefinite leave to Remain (ILR) in the UK. Any dependent children under 18 who were part of the family will also be able to apply. Children who are over 18 can apply in some circumstances.
In order to apply, you must meet the following criteria:
- You are in the UK (there is an exemption for those who were last granted permission under Appendix HM Armed Forces)
- You have or last had permission under the partner visa route (not including fiancée’s/proposed civil partners)
- Your deceased partner was a British citizen, held Indefinite Leave to Remain in the UK or Pre-Settled Status under the EU Settlement Scheme
- You were in a genuine and subsisting relationship with the deceased partner immediately before their death
- There must be adequate accommodation and maintenance for any dependent children
- There must be no reasons to refuse the application due to conduct or criminality
- If applying from outside the UK under the HM Armed Forces exemption, you may need to provide a valid TB certificate
- Unlike with other categories, there is no Life in the UK test and English language test requirement for bereaved partners (over-18 children will need to meet these requirements)
Who is not eligible to apply?
Unfortunately those who hold permission as a fiancée or proposed civil partner are not eligible to apply. Those who have permission under another immigration category, such as the Skilled Worker, Student or Graduate visa routes are not eligible to apply under this route.
How much does it cost?
The Home Office application fee is £2,885.
Unfortunately, it is not possible to apply for a ‘fee waiver’ under this route if you cannot afford to pay the application fee. In these circumstances, you may wish to consider alternative routes to remain in the UK. However, it is important to note that if you switch from the partner visa route to a non-partner visa route (e.g. Skilled Worker) you would not be eligible to apply for settlement as a bereaved partner at a later date.
When to apply
You can apply at any point after your partner’s death. You do not need to wait until your visa expires, and it is advisable to apply as soon as possible after your partner’s death.
Unlike most other immigration categories, it is possible to apply as an overstayer i.e. after your partner visa has expired.
How we can help
We are experienced in helping clients navigate the UK immigration rules at what is a challenging and stressful time. Contact our friendly team for advice and assistance.