ILR AS A BEREAVED PARTNER

The Bereaved Partner ILR Visa provides a route to indefinite leave to remain (ILR) in the UK for individuals whose spouse, civil partner or unmarried partner has passed away. It is intended for those who were last granted permission to stay in the UK on the basis of their relationship with their now-deceased partner and who were in a genuine and subsisting relationship immediately prior to their partner’s death. The ILR as a Bereaved Partner route recognises the unique and compassionate circumstances faced by bereaved partners and allows them to remain in the UK permanently, without the need to meet the standard settlement requirements applicable to other ILR applicants.

Dependent children of a Bereaved Partner can also apply for ILR on this route. However, the Bereaved Partner ILR route is not open to individuals who were last granted permission as a fiancé(e) or proposed civil partner, or who are currently in the UK under a different immigration category such as a Skilled Worker or Visitor, unless exceptional circumstances apply.

1. Requirements for ILR as a Bereaved Partner

In order to qualify for settlement under the Bereaved Partner route, you must demonstrate to 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 and are applying from overseas;
• Your partner has died, and they were your partner at the time of your last grant of permission under the partner route (spouse, civil partner or unmarried partner);
• Before your partner’s death, you were granted permission to stay in the UK as their partner under the family route – not as a fiancé(e) or proposed civil partner;
• Your relationship was genuine and subsisting immediately before your partner’s death;
• Your application must not fall for refusal under the general grounds for refusal set out in Part 9 of the Immigration Rules;
• If applying from outside the UK (in the specific context of Armed Forces cases), you must provide a valid tuberculosis (TB) certificate, if required under Appendix T.

The precise requirements for ILR as a Bereaved Partner may vary depending on individual circumstances and the basis of your previous leave. It is advisable to seek legal advice to ensure your eligibility and to submit a well-prepared application supported by appropriate evidence.

2. Bereaved Partner Visa Immigration Status Requirements

In order to qualify for indefinite leave to remain as a Bereaved Partner, your deceased partner must, at the time of their death, have held one of the following immigration statuses:

• British citizenship;
• Indefinite leave to remain (ILR) in the UK;
• Pre-settled status under the EU Settlement Scheme, if they were a national of the EU, Switzerland, Norway, Iceland or Liechtenstein.

In addition, your most recent grant of leave must have been based on your relationship with the deceased partner, and you must have held one of the following family visas:

• A Spouse visa (husband or wife);
• A Civil Partner visa;
• An Unmarried Partner visa.

You will not be eligible for ILR as a Bereaved Partner if your most recent leave was as a Fiancé(e) or Proposed Civil Partner.

The Bereaved Partner route is also not available to individuals who are in the UK under other immigration routes, such as those in the Points-Based System (e.g. Skilled Worker, Student) or as an EEA national not covered by the EU Settlement Scheme. In such cases, different eligibility requirements and immigration provisions will apply.

What to Do If Your Deceased Partner’s Immigration Status Is Unclear or in Dispute

To qualify for indefinite leave to remain as a Bereaved Partner, your deceased partner must, at the time of their death, have held a qualifying immigration status – such as British citizenship, indefinite leave to remain, or pre-settled status under the EU Settlement Scheme.

In some cases, ILR as a Bereaved Partner applicant may not have clear or complete documentation confirming their partner’s status at the time of death. This may arise, for example, where the partner’s Biometric Residence Permit (BRP) was not retained, or where their immigration history was complex or undocumented.

If your partner’s immigration status is unclear, you may request a copy of their Home Office immigration records by submitting a Subject Access Request (SAR). This can provide important documentation, such as visa decision notices, grant letters, or records of ILR or pre-settled status.

Additional supporting documents that may assist in confirming your partner’s status include:

• Previous BRP cards or Home Office status letters;
• EU Settlement Scheme status confirmation via the online ‘View and Prove’ system;
• Correspondence with the Home Office or immigration legal representatives;
• Entry clearance or leave to remain decision notices.

Where your partner’s immigration status is disputed or not clearly documented, you may need to provide legal submissions clarifying their status at the relevant time and explaining why the evidential threshold is met. In such cases, seeking advice from an immigration lawyer with experience of applying for ILR as a Bereaved Partner is strongly recommended to avoid refusal on evidential grounds.

3. Evidence Required for a Bereaved Partner ILR Application

Applicants for indefinite leave to remain as a Bereaved Partner must provide documentary evidence to demonstrate that they meet the eligibility criteria set out in the Immigration Rules. The following key evidential requirements will apply:

Proof of Partner’s Death

You must provide evidence confirming the death of your partner. This will usually take the form of an official death certificate issued by the relevant authorities.

Evidence of a Genuine and Subsisting Relationship

You must show that your relationship with your deceased partner was genuine and subsisting immediately before their death. The Home Office will assess this on a case-by-case basis, taking into account the entirety of your personal circumstances and supporting documentation.

Relevant factors may include:

• Whether you and your partner were in a long-term, committed relationship;
• Whether you were living together in the UK;
• Whether you had children together (biological, adopted or stepchildren) and shared responsibility for them;
• Whether you had joint financial commitments or shared household responsibilities;
• Whether you had met each other’s families or travelled to each other’s countries of origin;
• Whether you had made practical arrangements for a shared life in the UK.

The Home Office expects to see substantial evidence of regular contact, mutual emotional support, and an ongoing commitment to each other’s wellbeing.

Documentary Evidence of Cohabitation

If you were married or in a civil partnership, you should submit your marriage or civil partnership certificate. If you were in an unmarried partnership, alternative evidence will be required.

Cohabitation documents are essential. Ideally, these should be jointly addressed to both partners at the same UK address and dated within the past two to three years. Acceptable evidence may include:

• Utility bills,
• Tenancy agreements or mortgage statements,
• Bank statements or council tax letters,
  NHS registration or official correspondence.

Where joint documents are not available, it is acceptable to provide separate documents addressed to each partner at the same address, alongside an explanation of your living arrangements.

If your period of cohabitation was relatively short, or if your circumstances did not allow for joint documentation (e.g. recent relationship, temporary separation, or domestic abuse), the Home Office will consider other forms of evidence, such as:

• Photographs together,
• Travel itineraries,
• Letters or emails,
• Statements from friends, family, or professionals.

Intention to Live Together Permanently in the UK

You must also demonstrate that you and your partner intended to live together permanently in the UK. The Home Office will look for continuity in residence and will expect any absences from the UK to have been limited and justified – such as for work, holidays, study, or family emergencies.

Where either partner spent significant time outside the UK, the Home Office will assess:

• The reason for the absences;
• The duration of time spent overseas;
• Whether you and your partner travelled or lived together during those periods;
• Whether you maintained your residence and connection to the UK.

If the Home Office has reasonable doubts as to the authenticity or continuity of your relationship, or finds gaps in the evidence presented, your application for ILR as a Bereaved Partner may be refused.

At Richmond Chambers, our immigration barristers provide tailored advice to each Bereaved Partner Visa applicant. We do not rely on generic document checklists but instead guide our clients on the precise forms of evidence needed to demonstrate a genuine and subsisting relationship based on their individual circumstances.

4. Life in the UK Test and English Language Requirements for Bereaved Partners

Unlike most other routes to indefinite leave to remain, applicants under the Bereaved Partner ILR route are not required to pass the Life in the UK test or demonstrate English language proficiency. These requirements are waived in recognition of the compassionate circumstances under which the application is made.

5. Domestic Abuse and Bereaved Partner ILR Applications

In some cases, a bereaved partner may have been unable to continue living with their deceased partner due to domestic abuse. If the relationship ended shortly before the partner’s death as a result of violence, coercive control, or other abusive behaviour – but was otherwise genuine and subsisting – you may still be eligible for indefinite leave to remain under the Bereaved Partner route.

The Home Office will assess each application on a case-by-case basis, taking into account all relevant circumstances and available evidence. Crucially, the requirement for cohabitation may be waived where separation occurred due to domestic abuse, provided the relationship remained genuine and ongoing up until the partner’s death.

Where abuse is a factor, it is important to submit detailed supporting evidence, which may include:

• Reports from the police or social services;
• Medical records evidencing injuries or mental health impact;
• Non-molestation orders, injunctions, or other court-issued protective measures;
• Statements or reports from domestic abuse support organisations, healthcare professionals, or social workers.

The Home Office will consider such evidence when determining whether the relationship was genuine and subsisting, despite the absence of cohabitation at the time of death.

If you are applying for ILR as a Bereaved Partner and have experienced domestic abuse, you are strongly advised to seek legal assistance to ensure that your application is carefully prepared and properly evidenced.

6. Timing of a Bereaved Partner Visa Application

You may apply for indefinite leave to remain as a Bereaved Partner at any time after your partner’s death. There is no requirement to wait until your current immigration permission expires.

Importantly, there is also no requirement to hold valid leave at the time of your ILR as a Bereaved Partner application. The Bereaved Partner route is one of the few immigration categories under which individuals without current leave may still apply for settlement, provided they meet all other eligibility requirements.

That said, it is strongly advisable to apply as soon as possible following your partner’s death. This is because your existing immigration status – granted on the basis of your relationship – may be curtailed once the Home Office becomes aware that the relationship has ended due to the death of your partner.

Delaying your Bereaved Partner ILR application may result in a loss of lawful status, a curtailment notice, or complications in maintaining your right to work and access services. Prompt action helps preserve your position and avoid disruption.

If you are unsure about the appropriate timing or are facing immigration uncertainty following your partner’s death, it is advisable to seek professional legal advice.

7. Immigration Implications if Your Partner Dies During a Pending Application

If your partner passes away while a family visa or extension application as their partner is still under consideration by the Home Office, it is essential that you do not withdraw the application or allow it to lapse without first seeking legal advice.

In certain circumstances, it may be possible to vary the pending application to an application for indefinite leave to remain as a Bereaved Partner, provided you meet the relevant requirements under Appendix FM. This may avoid the need to submit a new application from scratch.

You must notify the Home Office of the change in circumstances as soon as possible and submit appropriate evidence confirming your partner’s death – such as a certified death certificate – along with documents demonstrating that your relationship was genuine and subsisting immediately before the death.

Key evidence may include:

• Proof of cohabitation;
• Joint financial documents;
• Photographs and communication records;
• Statements from friends or professionals who can attest to the relationship.

Given the complexity of these cases and the discretionary nature of any variation or decision, it is advisable to seek expert legal advice to ensure the correct procedural steps are followed and all required evidence is properly presented.

8. Switching to the Bereaved Partner Visa Route from Another Visa Category

The Bereaved Partner route is available only to individuals whose most recent grant of permission was issued on the basis of their relationship with the deceased partner as a spouse, civil partner, or unmarried partner under the family migration provisions of the Immigration Rules.

If you are currently in the UK under a different immigration category – such as a Skilled Worker visa, Student visa, or Visitor visa – you will not qualify for indefinite leave to remain as a Bereaved Partner, unless your most recent leave was under a partner route within Appendix FM.

However, if your immigration history is more complex – for example, if you were previously a partner but your most recent permission was granted in another category, or if you never had leave under the partner route but were in a genuine and subsisting relationship at the time of your partner’s death – it may still be possible to regularise your immigration status.

In such cases, you may be able to submit an application outside the Immigration Rules, relying on your right to respect for private and family life under Article 8 of the European Convention on Human Rights. These applications are considered on a discretionary basis and will require strong supporting evidence.

Given the complexity and risks associated with this type of application, you are strongly advised to seek legal advice before proceeding.

9. ILR for Dependent Children of a Bereaved Partner

A child may qualify for indefinite leave to remain as the dependent of a Bereaved Partner if the following requirements are met:

• The child has or had permission to stay in the UK as the dependent of the deceased partner;
• The child was under the age of 18 at the time that permission was granted;
• The child will continue to live with the Bereaved Partner in the UK;
• There is adequate accommodation for the child, and they will be maintained without recourse to public funds;
• The child is not married, in a civil partnership, or leading an independent life.

Where a child is over the age of 18 at the date of application, they may still qualify for ILR, provided they continue to meet the dependency requirements and:

• They have passed the Life in the UK test; and
• They can demonstrate English language proficiency to at least CEFR Level B1 (speaking and listening).

Applications by dependent children are considered in line with the Immigration Rules and the child’s best interests under section 55 of the Borders, Citizenship and Immigration Act 2009.

10. ILR as a Bereaved Partner Visa Application Fee

The Home Office application fee for an application for ILR as a Bereaved Partner, whether submitted from within the UK or from overseas, is currently £3,029.

If dependent children are applying for ILR at the same time, each child must pay a separate application fee of £3,029.

11. ILR as a Bereaved Partner Visa Processing Times

Applications for indefinite leave to remain as a Bereaved Partner are normally decided within six months of the date of submission. However, processing times for ILR as a Bereaved Partner may vary depending on the complexity of the case and the volume of applications received by UK Visas and Immigration.

12. Duration of Leave Granted Under the Bereaved Partner Route

If your application for a Bereaved Partner ILR Visa is successful, you will be granted indefinite leave to remain (ILR) in the UK. This means you may live, work, and study in the UK without restriction, and you are no longer subject to immigration control.

ILR does not expire, but your status may be lost if you are absent from the UK for more than two consecutive years. In such cases, you may be required to apply for a Returning Resident visa to resume your settled status, and there is no guarantee that such an application will be granted.

After holding ILR for at least 12 months, you may be eligible to apply for naturalisation as a British citizen, provided that you meet the statutory requirements. These include:

• A sufficient period of lawful residence in the UK (usually 5 years before the date of application);
• Intention to make the UK your principal home;
• Successful completion of the Life in the UK test;
• Demonstration of English language proficiency (to at least CEFR Level B1);
• Meeting the good character requirement.

Naturalisation is a separate application with its own process, fees, and evidential requirements.

13. Applying for a Bereaved Partner Visa from Outside the UK

In most cases, applications for indefinite leave to remain as a Bereaved Partner must be made from within the UK. However, an exception exists under Appendix Armed Forces of the Immigration Rules.

You may apply for settlement from outside the UK only if your most recent grant of permission was as the partner of a member of HM Armed Forces, and the following conditions are met.

At the time of their death, your partner must have been either:

• A British citizen;
• A foreign or Commonwealth citizen serving in HM Armed Forces; or
• A foreign or Commonwealth citizen who had either:
  
  • Applied for and would have been granted leave to remain or settlement on discharge, had they not died; or
  • Already been granted permission to stay or settlement on that basis.

Additionally, your most recent permission must have been granted under Appendix Armed Forces, as the spouse, civil partner, or unmarried partner of the deceased. You must have held one of the following family visas:

• A spouse visa under Appendix Armed Forces;
• A civil partner visa under Appendix Armed Forces;
• An unmarried partner visa under Appendix Armed Forces.

You will not be eligible to apply for indefinite leave to remain under this route if your last grant of leave was as a fiancé(e) or proposed civil partner under Appendix Armed Forces.

14. Common Reasons for Refusal of a Bereaved Partner ILR Application

While the Bereaved Partner route provides a compassionate pathway to settlement, applications are subject to rigorous assessment by UK Visas and Immigration. Refusals often arise where applicants are unable to satisfy the evidential requirements of the Immigration Rules.

Common reasons for refusal of ILR as a Bereaved Partner include:

• Insufficient evidence that the relationship with the deceased partner was genuine and subsisting immediately prior to their death;
• Lack of adequate documentation confirming cohabitation or shared life in the UK;
• Failure to demonstrate that the applicant’s most recent grant of leave was as a spouse, civil partner, or unmarried partner (applicants whose most recent leave was as a fiancé(e) or in another category are not eligible);
• Uncertainty or gaps in the deceased partner’s immigration status at the time of death, particularly where no documentary evidence of British citizenship, indefinite leave to remain, or pre-settled status is available;
• Evidence that the applicant and the deceased partner were not living together, or did not intend to reside permanently in the UK as a couple;
• General grounds for refusal under Part 9 of the Immigration Rules, including concerns relating to criminality, deception, or breaches of immigration law.

To minimise the risk of refusal, it is essential to prepare a comprehensive and well-evidenced application, tailored to your personal circumstances. This includes providing credible documentary evidence, a clear immigration history, and, where necessary, legal submissions to address any potential concerns.

If your case involves any complicating factors – such as periods of separation, limited documentation, or unresolved immigration status – it is strongly recommended that you seek professional legal advice before applying for ILR as a Bereaved Partner.

15. Challenging a Refused Bereaved Partner Visa Application

If your application for ILR as a Bereaved Partner is refused, it is important to act promptly and seek legal advice on the available remedies. While there is generally no statutory right of appeal against a refusal of a Bereaved Partner ILR application, there may still be options for challenge depending on the reasons for refusal and the circumstances of your case.

In many situations, the most appropriate course of action is to submit a fresh application, addressing the deficiencies identified in the refusal decision. This is particularly the case where the refusal was based on a lack of evidence demonstrating that the relationship was genuine and subsisting, or due to missing or insufficient documentation.

Where the refusal is believed to be unlawful, procedurally unfair, or irrational, it may be possible to challenge the decision by way of judicial review. Judicial review is a legal process through which the lawfulness of a Home Office decision can be tested in the Upper Tribunal or High Court. However, this route is complex, time-sensitive, and should only be pursued with the support of specialist legal representation.

Before considering judicial review, it is often advisable to first seek an internal Administrative Review – but only if the refusal is based on a caseworking error and the Immigration Rules expressly permit this remedy. Not all Bereaved Partner ILR refusals are eligible for administrative review.

At Richmond Chambers, our immigration barristers can:

• Review the Bereaved Partner ILR refusal decision in detail;
• Advise on the merits of submitting a fresh application for ILR as a Bereaved Partner or pursuing judicial review;
• Prepare a new Bereaved Partner ILR Visa application with strengthened evidence and tailored legal submissions;
• Represent you in pre-action correspondence and, where necessary, judicial review proceedings.

A refusal of a Bereaved Partner application can have serious immigration and personal consequences. If your application has been refused, seeking early legal advice is essential to protect your position and pursue the most effective remedy.

16. Travel and Maintaining ILR as a Bereaved Partner

If you are granted indefinite leave to remain (ILR) in the UK as a Bereaved Partner, you may live, work and study in the UK without restriction. However, it is important to be aware that ILR can lapse if you are absent from the UK for an extended period.

In general, ILR will be automatically lost if you remain outside the UK for more than two consecutive years, regardless of the reason for your absence. If your ILR lapses, you will need to apply for a Returning Resident Visa in order to resume your settled status in the UK. This application is subject to the discretion of the Home Office, and there is no guarantee of success.

When assessing a Returning Resident application, the Home Office may consider factors such as:

• The duration of your absence from the UK;
• The reasons for your time spent abroad;
• Whether you maintained strong ties to the UK, such as:
  • Ownership or rental of property,
  • Close family connections,
  • Ongoing employment or business interests;
• Your intention to return to the UK and resume residence on a permanent basis.

If you anticipate being outside the UK for more than two years, it is advisable to seek legal advice in advance to assess the risks to your ILR and explore available options to preserve your status or plan a timely return.

17. Access to Public Funds on a Bereaved Partner Visa

If you are granted indefinite leave to remain (ILR) as a Bereaved Partner, you will no longer be subject to immigration control. As a result, the No Recourse to Public Funds (NRPF) condition will no longer apply, and you will become eligible to access public funds in the UK.

This includes, but is not limited to:

• Universal Credit
• Child Benefit
• Housing Benefit or housing assistance from your local authority
• Pension Credit
• Disability Benefits, such as Personal Independence Payment (PIP)

You must still meet the standard eligibility criteria for each benefit, including residence and income requirements.

For many applicants, the ability to access public funds can provide essential financial stability following the death of a partner. This may be particularly important if you are applying with dependent children, or if your partner was the primary source of income.

18. Right to Work in the UK on a Bereaved Partner Visa

If you are granted indefinite leave to remain (ILR) as a Bereaved Partner, you will have full and unrestricted permission to work in the United Kingdom.

This means you are legally entitled to:

• Work for any employer in any sector, without the need for sponsorship;
• Be self-employed or establish your own business;
• Take on voluntary work or unpaid roles;
• Pursue education or vocational training without restriction.

You will not be subject to any limitations on the type of work you can do, the number of hours you can work, or the need to inform the Home Office of changes to your employment. Employers may still carry out a right to work check, and your Biometric Residence Permit (BRP) or digital immigration status will confirm your settled status in the UK.

Your right to work continues indefinitely, unless your ILR is lost – for example, by spending more than two continuous years outside the UK, in which case your status may lapse.

19. Naturalisation After ILR as a Bereaved Partner

Once you have held indefinite leave to remain (ILR) as a Bereaved Partner for at least 12 months, you may be eligible to apply for naturalisation as a British citizen. 

Naturalisation is a discretionary process governed by the British Nationality Act 1981, and you will need to satisfy a number of statutory requirements in order to be granted citizenship.

In addition to having held ILR for at least one year, you must usually demonstrate that:

• You have been lawfully resident in the UK for at least five years prior to the date of application;
• You have not been absent from the UK for more than 450 days in the five-year period and no more than 90 days in the 12 months before applying;
• You have passed the Life in the UK test;
• You meet the English language requirement to at least CEFR Level B1 in speaking and listening;
• You are of good character, with no serious criminal convictions or breaches of immigration law;
• You intend to make the UK your principal home.

If your application is successful, you will be invited to attend a citizenship ceremony, after which you will receive your certificate of naturalisation. You may then apply for a British passport.

Given the significance of naturalisation and the detailed nature of the requirements, it is advisable to seek legal advice before applying, particularly if your immigration history involves periods of absence, overstaying, or other complexities.

20. Bereaved Partner ILR Application FAQs

Who is eligible to apply for Bereaved Partner ILR?

You may be eligible for ILR as a Bereaved Partner if your most recent UK immigration permission was as a spouse, civil partner or unmarried partner, and your partner has since passed away. The relationship must have been genuine and subsisting immediately before their death, and your partner must have held British citizenship, ILR, or pre-settled status.

Can I apply for ILR as a Bereaved Partner if I don’t currently have valid leave?

Yes. Unlike most ILR routes, you do not need to hold valid leave at the time of applying. You may apply for ILR at any time after your partner’s death, even if your previous leave has expired – provided your most recent leave was under a qualifying partner route.

What documents do I need for a Bereaved Partner ILR application?

You must provide your partner’s death certificate and evidence that your relationship was genuine and subsisting before their death. This includes documents showing cohabitation, shared finances, communication, and future plans. A marriage or civil partnership certificate may also be required, depending on your relationship type.

Do I need to pass the Life in the UK test or meet the English language requirement?

No. Applicants for ILR as a Bereaved Partner are exempt from the Life in the UK test and English language requirement, in recognition of the compassionate nature of this route.

What is the Home Office fee for a Bereaved Partner ILR application?

The current fee for a Bereaved Partner ILR application is £3,029. If you are applying with dependent children, each child must also pay a separate fee of £3,029.

How long does a Bereaved Partner ILR application take to be decided?

Bereaved Partner ILR applications are usually decided within six months. However, processing times may vary depending on the complexity of the case and the volume of applications.

Can I apply for ILR as a Bereaved Partner from outside the UK?

Only in limited circumstances – specifically, if your most recent leave was under Appendix Armed Forces as the partner of a member of HM Armed Forces. All other applicants must apply from within the UK.

What happens if my application for Bereaved Partner ILR is refused?

There is generally no right of appeal. However, you may be able to submit a fresh application or challenge the decision by way of judicial review. Legal advice should be sought promptly to assess your options and avoid becoming an overstayer.

Will I be able to work and access benefits if I am granted ILR as a Bereaved Partner?

Yes. ILR confers full rights to live, work, and study in the UK without restriction. You will also have access to public funds, including Universal Credit and housing assistance, if you meet the eligibility criteria for those benefits.

Can I apply for British citizenship after being granted ILR as a Bereaved Partner?

Yes. You may apply for naturalisation as a British citizen after holding ILR for at least 12 months, provided you meet the residence, good character, English language and Life in the UK test requirements. Most applicants must also show five years’ lawful residence in the UK.