Bereaved Partner Visa – Immigration Eligibility Criteria

To be eligible for a Bereaved Partner Settlement Visa, specific immigration conditions must be satisfied. At the time of their passing, your partner must have been one of the following:

• A British citizen;

• An individual with indefinite leave to remain (ILR) in the UK; or

• A national of an EU, EEA, or EFTA country (Switzerland, Norway, Iceland, or Liechtenstein) who held pre-settled status under the EU Settlement Scheme.

Additionally, your current or most recent permission to stay in the UK must be linked to your relationship with the deceased partner, under one of the following family visa categories:

• Spouse visa (husband or wife);

• Civil partner visa;

• Unmarried partner visa.

It is important to note that if your leave was granted as a fiancé(e) or proposed civil partner, you will not be eligible for indefinite leave to remain (ILR) as a bereaved partner.

Furthermore, the Bereaved Partner Visa route does not apply to individuals residing in the UK under the Points-Based Immigration System or to EEA nationals. Alternative immigration pathways and legal frameworks may apply in these cases.

Timing of a Bereaved Partner ILR Application

An application for Indefinite Leave to Remain (ILR) as a Bereaved Partner can be submitted at any time following the death of your partner. There is no obligation to wait until your current visa expires, nor is there a requirement to hold valid leave at the time of application. Once your partner has passed away, you are eligible to apply for ILR without delay.

However, it is strongly advisable to apply as soon as possible. This is because your immigration status is tied to your relationship, and once that relationship ends due to the death of your partner, the Home Office has the authority to curtail or cancel any existing leave you hold. Prompt action helps protect your immigration position and ensures a smoother application process.

Evidence Required for a Bereaved Partner ILR Application

Proof of Your Partner’s Death

The most fundamental requirement is to provide official proof of your partner’s death. A valid death certificate must be submitted as evidence.

Evidence of a Genuine and Subsisting Relationship

To succeed in your Bereaved Partner ILR application, you must demonstrate that your relationship with your partner was both genuine and subsisting immediately prior to their death.

The Home Office assesses each case on its individual merits, considering all available evidence and personal circumstances. Factors that may be evaluated include:

• Whether you and your partner were in a long-term, committed relationship;

• Whether you were living together as partners;

• Whether you shared children (biological, adopted, or step-children) and took joint responsibility for them;

• Whether you shared financial obligations, such as joint bills or bank accounts;

• Whether you visited each other’s home countries or families;

• Whether you made concrete plans for a future together in the UK.

The Home Office expects substantial evidence of emotional and practical commitment, such as records of regular communication, shared responsibilities, emotional support, and proof of a close and enduring relationship.

In addition to a marriage or civil partnership certificate (where applicable), evidence of cohabitation is highly significant. Documents should preferably be jointly addressed to both you and your late partner, but individual documents at the same address can also be accepted. These documents should ideally span several years and come from a variety of reliable sources. While official documents carry the most weight, other evidence demonstrating shared living arrangements can also be presented.

For relationships where cohabitation was brief, the Home Office may also accept unofficial evidence—such as photographs, correspondence, or statements from friends and family—provided it strongly supports the existence of a genuine partnership.

If the Home Office has reasonable grounds to doubt the authenticity or subsistence of your relationship, your Bereaved Partner Visa application may be refused.

Expert Guidance on Documentary Evidence

Link And Day Lawyers, as dedicated immigration service providers, can guide applicants through the complex evidentiary requirements of a Bereaved Partner ILR application. Each case is unique, and our approach is tailored to your personal circumstances. Instead of relying on generic document checklists, we provide customised advice to ensure that your application contains compelling and credible evidence that your relationship was genuine, loving, and ongoing at the time of your partner’s passing.

Intention to Reside Permanently Together in the UK

To secure approval from the Home Office, you must demonstrate that you have been cohabiting with your partner in the UK and that both of you genuinely intend to live together on a permanent basis. Supporting documentation should ideally cover the period starting from the time you were first granted permission to remain in the UK as their partner.

The Home Office carefully examines any time spent outside the UK to ensure such absences are minimal, justified, and consistent with a genuine intention to settle together in the UK. Acceptable reasons for temporary absences could include professional obligations, holidays, academic pursuits, or training.

When applying for Indefinite Leave to Remain (ILR) as a Bereaved Partner, if either you or your partner spent a significant portion of time abroad, this may raise concerns about your long-term commitment to living together in the UK. The Home Office will review the purpose of the travel, the duration of absence, and whether you and your partner maintained a joint life during those periods abroad.

Life in the UK Test and English Language Requirements

In contrast to other ILR categories, applicants for Indefinite Leave to Remain as a Bereaved Partner are not required to pass the Life in the UK test or provide evidence of English language proficiency as part of their application.

Applying for Bereaved Partner Indefinite Leave to Remain (ILR) from Outside the UK

The sole scenario in which an individual can apply for settlement as a Bereaved Partner from overseas is when their most recent immigration permission was granted under Appendix Armed Forces as a partner.

To be eligible for a Bereaved Partner Settlement Visa from outside the United Kingdom, your deceased partner must have, at the time of their passing, been one of the following:

• A British citizen;

• A foreign or Commonwealth national serving as a member of HM Armed Forces; or

• A member of HM Armed Forces who had either applied for and would have been granted settlement (had they not passed away) or who had already been granted permission to remain as a discharged foreign or Commonwealth citizen of HM Armed Forces.

Additionally, your last permission to reside in the UK must have been based on your status as their partner, holding one of the following categories of family visas under Appendix Armed Forces:

• A spouse visa (husband or wife);

• A civil partner visa;

• An unmarried partner visa.

It is important to note that if your most recent leave to remain was as a fiancé(e) or a proposed civil partner under Appendix Armed Forces, you will not qualify for Indefinite Leave to Remain (ILR) as a Bereaved Partner.

Requirements for Indefinite Leave to Remain (ILR) as a Dependent Child of a Bereaved Partner

A child may be eligible to obtain Indefinite Leave to Remain (ILR) as the dependent child of a bereaved partner if they fulfill the following criteria:

• The child currently holds valid permission to reside in the UK as the dependant of your partner.

• They were under the age of 18 at the time when this dependant status was granted.

• They intend to continue living with you in the UK.

• Suitable accommodation and financial support will be provided for them without recourse to public funds.

• They are not married, in a civil partnership, or living an independent life.

If the child is 18 years or older on the date of application, they will additionally be required to:

• Pass the Life in the UK Test.

• Prove their English language ability to a minimum standard of CEFR Level B1 (speaking and listening).

Bereaved Partner Visa Application Fee

The Home Office fee for submitting a Bereaved Partner settlement visa application whether from inside or outside the UK is £2,885.

Each dependent child applying alongside the main applicant must also pay a separate application fee.

Bereaved Partner Visa Processing Times & Decision Periods

Applications for Indefinite Leave to Remain (ILR) as a Bereaved Partner are generally assessed and decided within approximately six months from the date of submission.

Validity and Duration of a Bereaved Partner Visa

Upon a successful application for a Bereaved Partner Visa, the applicant is immediately granted Indefinite Leave to Remain (ILR) also referred to as permanent settlement in the United Kingdom.

Your ILR status remains valid indefinitely; however, it may be revoked if you spend more than two consecutive years outside the UK.

Pathway to British Citizenship

After holding ILR as a Bereaved Partner for at least 12 months, you may become eligible to apply for British Citizenship through Naturalisation. To qualify, applicants must fulfil various statutory conditions, including:

• Demonstrating a sufficient period of lawful residence in the UK.
  
  
• Showing a clear intention to make the UK their permanent home.
  
  
• Proving competence in the English language and passing the ‘Life in the UK’ test.
  
  
• Maintaining a record of good character and meeting all legal requirements.

Employment Rights in the UK on a Bereaved Partner Visa

Individuals holding a Bereaved Partner Visa are granted unrestricted rights to work throughout the United Kingdom. This immigration status permits visa holders to engage in any form of employment, whether full-time, part-time, or self-employed, without requiring additional work authorization.

How Link And Day Lawyers Can Support You

At Link And Day Lawyers, we specialise in delivering expert immigration services tailored to the unique needs of bereaved spouses, civil partners, and unmarried partners seeking Indefinite Leave to Remain (ILR) in the United Kingdom.

Our seasoned immigration professionals offer comprehensive guidance on the UK Bereaved Partner Visa requirements, providing detailed assessments of your eligibility for ILR and offering meticulous support in preparing and submitting your Bereaved Partner settlement application.

We take pride in our client-focused approach, ensuring that every individual receives personalised, transparent, and strategic legal advice. At Link And Day Lawyers, our dedicated team of immigration specialists is committed to offering dependable, result-driven services while maintaining a friendly, approachable, and professional environment.