ILR As A Bereaved Partner

The applicant can apply for ILR as a bereaved partner if your British citizen / settled partner dies whilst you are in the UK on spouse / partner visa. You can apply for ILR as a bereaved partner any time after your partner’s death. Applicant do not have to wait until your current spouse / partner visa expires. You must be in the UK when you apply for ILR as a bereaved partner.

Section BPILR of Appendix FM makes provision for spouses, civil partner, unmarried partners, same sex partners who are bereaved during the probationary period to be granted indefinite leave to remain (ILR) in the UK, provided that the relationship was subsisting and that they intended to live together permanently in the UK at the time of the sponsor’s death.

The Bereaved Partner visa allow people in the UK apply for Indefinite Leave to Remain after their partner’s death. You must have last been granted permission to stay as their spouse, civil partner, or long-term partner. This visa offers a compassionate route to settlement without requiring the usual relationship or income tests.

Free Immigration Advice for ILR as a Bereaved Partner 

Our expert team of ILR solicitors in London, specialise in ILR applications as a bereaved partner. Our highly experienced ILR solicitors can provide fast, friendly, reliable and fixed fee immigration services concerning your ILR application as a bereaved partner. Ask a question to our ILR solicitors for free immigration advice or book an appointment for detailed legal advice concerning your ILR application as a bereaved partner.

What is Breaved Partner Visa?

The Bereaved Partner visa allow people in the UK apply for Indefinite Leave to Remain after their partner’s death. You must have last been granted permission to stay as their spouse, civil partner, or long-term partner. This visa offers a compassionate route to settlement without requiring the usual relationship or income tests. At Sunrise Solicitors, our immigration lawyers and solicitors provide expert legal support to guide you through this sensitive and complex application process. 

Eligibility Requirements For ILR As A Bereaved Partner

There are certain eligibility criteria that you must pass to be considered to apply for Indefinite Leave to Remain (ILR) as a Bereaved Partner under the UK Immigration Rules. These regulations establish that your relationship was legitimate, in addition to the fact that you possessed lawful immigration status upon the death of your partner. 

You may qualify if: 

• Your last leave to remain in the UK was approved as a partner of a British citizen or someone with indefinite leave to remain or someone who has a pre settled status under the EU Settlement Scheme.  
• When your partner passed away you were in the UK.  
• You are living in the UK with your spouse, and you were also living together at the time of his/her death. 
• You both intended to live together permanently in the UK.
• Your partner was not living permanently in another country. 

A “partner” means a spouse, civil partner, or unmarried partner in a relationship like marriage or civil partnership. 

This route does not require you to meet the financial or English language requirements typically associated with other family settlement routes. It allows you to apply immediately after your partner’s death, without waiting for your visa to expire. In the case of a successful application, you are provided with Indefinite Leave to Remain (ILR). This will allow you to live, work and patronize the use of UK public services without restrictions.  

Immigration Status Criteria for Bereaved Partners in the UK 

Applicants must fulfil certain immigration qualifications to qualify to apply for Indefinite Leave to Remain (ILR) as a Bereaved Partner as outlined in the UK Immigration Rules, especially in BP 4.1 of Appendix Bereaved Partner. 

The applicant must be in the UK and must be in a valid immigration permission as at the date of application, in one of the following categories: 

• Partner under Appendix FM (excluding those granted permission as a fiancé(e) or proposed civil partner) of a person who is: 
  • A British citizen; 
  • Settled in the UK (holding ILR or settled status); or 
  • An EEA national with limited leave under Appendix EU (meeting specific EU Settlement Scheme conditions). 
• Partner of a settled person under paragraph 285 or 295E of Part 8 of the Immigration Rules. 
• Bereaved Partner previously granted leave under Appendix FM. 
• Partner under Appendix HM Armed Forces or Part 7 (excluding fiancé(e)s or proposed civil partners) of: 
  • A British citizen; 
  • A foreign or Commonwealth citizen serving in HM Forces; or 
  • A discharged member of HM Forces who has applied for or received settlement. 

This criterion ensures that the applicant’s immigration history in the UK is linked to a genuine partnership with a qualifying person. It verifies that your relationship was recognised under the correct immigration route before your partner’s death. 

Eligibility Requirements for Bereaved Partners Outside the UK 

In exceptional cases, an applicant who is outside the UK may still be eligible to apply for Indefinite Leave to Remain (ILR) as a Bereaved Partner. they must meet the conditions mentioned in the BP 5.1 of Appendix Bereaved Partner. 

If you are overseas at the time of application, you must have held, or have last been granted, immigration permission as a partner under Appendix HM Armed Forces or Part 7 of the Immigration Rules (excluding permission as a fiancé(e) or proposed civil partner), and your partner must have been one of the following at the time of their death: 

• A British citizen; or 
• A foreign or Commonwealth citizen serving in HM Armed Forces; or 
• A former member of HM Armed Forces who: 
  • Had applied for settlement or further leave, and 
  • Would have been granted that permission if they had not passed away, or 
  • Had already been granted settlement. 

This overseas eligibility provision is specifically limited to bereaved partners of members of the UK Armed Forces. Other applicants must generally be in the UK at the time of application to qualify under the Bereaved Partner route. 

Evidence to Support an Application for ILR as a Bereaved Partner 

You must provide certain reliable evidence when you apply for Indefinite Leave to Remain (ILR) using the Bereaved Partner route. This aids in demonstrating that you satisfy the UK Immigration Rules and facilitates your application. 

Your application must include evidence of the following: 

1. Your Immigration Status

A copy of your current or most recent biometric residence permit or immigration decision letter showing you had leave to remain in the UK as a partner (not as a fiancé(e) or proposed civil partner). 

2. Your Relationship with the Deceased Partner

• A marriage or civil partnership certificate (if applicable). 
• Evidence of a genuine and subsisting relationship, such as: 
• Joint tenancy agreements, utility bills, or bank statements in both names; 
• Photographs, communication records, or official correspondence showing cohabitation. 

3. Cohabitation in the UK

• Documents confirming that you were living together in the UK at the time of your partner’s death, such as: 
• Council tax bills, 
• GP registration or NHS letters at the same address, 
• Official correspondence from the Home Office, HMRC, or DWP. 

4. Intent to Live Together Permanently in the UK

Statements, tenancy agreements, property ownership documents, or plans made as a couple indicating intended permanent residence in the UK. 

5. Partner’s Status

Proof that your partner was a British citizen, had Indefinite Leave to Remain, or held pre-settled status (for EEA nationals), or was a qualifying member of HM Armed Forces, depending on your route. 

6. Death Certificate

A certified copy of your partner’s death certificate issued by a competent authority in the UK (or translated if issued overseas). 

Documents Required for ILR as a Bereaved Partner 

To apply for Indefinite Leave to Remain (ILR) as a Bereaved Partner, you need to send a full set of documents. These must show your identity, immigration status, relationship, and what happened when your partner passed away. Giving complete and accurate documents helps prevent delays or refusal. 

You must provide the following: 

Identity and Travel Documents 

• Your current passport or other valid travel document 
• Any previous passports held while living in the UK 

Immigration Status Evidence 

• Your Biometric Residence Permit (BRP), if you have one – even if it is expired 
• If you have an eVisa (digital immigration status), you must provide online proof of your immigration status by generating a share code through the UKVI online service 

Partner’s Death Certificate 

• An official death certificate of your partner, issued by the relevant authority (and translated if not in English) 

Proof of Relationship 

• A valid marriage or civil partnership certificate, or other documentation proving a genuine and subsisting relationship (for unmarried partners) 

Proof of Living Together 

• Documents showing that you and your partner were living together in the UK at the time of their death, such as: 
  • Joint utility bills or council tax statements 
  • Tenancy agreements or mortgage documents 
  • Letters or official correspondence sent to both parties at the same address 

How to Apply for ILR as a Bereaved Partner?

If your partner has died and you were present in the UK as their spouse, civil partner or unmarried partner you may qualify to apply for Indefinite Leave to Remain under the Bereaved Partner route. The application must be made in the UK; you do not need to wait until your existing visa expires. 

Application Process 

1. Complete the Online Application

   You must apply using the official UKVI online form for settlement as a Bereaved Partner. The form can be accessed on the UK Government website 

• Prepare Supporting Documents

  Gather all required documents, including proof of identity, immigration status, your partner’s death certificate, and evidence of your relationship and cohabitation. 

• Pay the Application Fee

  The standard fee is £3,029 per applicant.

  If you are unable to pay, you may be eligible for a fee waiver in cases of financial hardship. Supporting financial evidence will be required. 

• Submit Biometric Information

  After submitting your application, you will be invited to attend a UKVCAS appointment to provide your fingerprints and a photograph. There is no additional fee for this step. 

• Await a Decision

  Once your application is submitted and biometrics provided; the Home Office will review your case. You will receive a written decision in due course. 

What is the Cost of an ILR Application as a Bereaved Partner? 

The Home Office fee for an Indefinite Leave to Remain (ILR) application as a Bereaved Partner is £3,029 per person. This same fee applies to each dependent child or family member applying with you. 

Application for a Fee Waiver 

If you are applying for Indefinite Leave to Remain (ILR) as a Bereaved Partner, you may be eligible for a fee waiver if you are experiencing financial hardship. This allows you to submit your application without paying the standard £3,029 fee. 

Who Can Apply for a Fee Waiver? 

You and any family members applying with you may qualify for a fee waiver if you can provide credible evidence of at least one of the following: 

• You do not have a place to live and cannot afford to secure accommodation. 
• You have housing but cannot afford essential living costs such as food, heating, or basic hygiene needs. 
• You are on a very low income, and paying the application fee would negatively affect a child’s wellbeing in your care. 

Evidence Required 

You must submit documentation to support your financial circumstances. This may include: 

• Recent bank statements and payslips 
• Utility bills or rent arrears 
• Letters from housing providers, support organisations, or social services 
• Details of benefits received (if any) 
• A written explanation of how your income or lack of income impacts your daily life or your child’s wellbeing 

The same evidence can usually be used for multiple applicants if submitted as part of a joint application. 

Decision Time for ILR Application as a Bereaved Partner 

Once you submit your application for Indefinite Leave to Remain (ILR) as a Bereaved Partner, and have provided your biometric information, the Home Office will begin processing your case. 

Standard Processing Time 

• The typical decision timeframe is up to 6 months from the date you attend your biometric appointment. 
• You may receive a decision sooner, depending on the complexity of your case and whether additional information is requested. 

Delays May Occur If: 

• Your documents are incomplete or unclear 
• Further evidence is required to verify your relationship or immigration status 
• You are applying with a fee waiver, which may involve extra financial assessment 

Apply for Your Children – ILR as Dependants of a Bereaved Partner 

If you are applying for Indefinite Leave to Remain (ILR) as a Bereaved Partner, your dependent children may also be eligible to apply for ILR at the same time. They must meet the Home Office’s rules to qualify. 

Eligibility Requirements for Children 

To qualify, your child must: 

• Have been granted permission to stay in the UK as your partner’s dependant 
• Have been under 18 years old at the time this permission was first granted 
• Be living with you in the UK, or intend to live with you permanently 
• Have access to adequate accommodation and financial support without relying on public funds 
• Not be married, in a civil partnership, or living an independent life 

Each child must make a separate ILR application, and the full ILR fee of £3,029 applies per applicant, unless a fee waiver is granted based on financial hardship. 

Supporting Documents May Include: 

• Child’s passport or travel document 
• Child’s biometric residence permit (if applicable) 
• Birth certificate showing the parental relationship 
• Proof of shared residence with the applicant (e.g. tenancy agreement, school or GP registration) 
• Financial evidence to show the child can be supported without access to public funds 

Super Priority Service For ILR As A Bereaved Partner

As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR applications whereby decision on your ILR application as a bereaved partner will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.

Our specialist ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

What If Your Application is Approved? 

If your application for Indefinite Leave to Remain (ILR) as a Bereaved Partner is approved, you will be granted settled status in the UK, allowing you to live here without immigration restrictions. 

Once granted ILR, you will have the right to: 

• Work in any job, including self-employment, without a work visa 
• Run a business or start your own company 
• Study at any level, including university, without a student visa 
• Access public services, such as NHS healthcare, state schools, and local authority support 
• Apply for public funds, including benefits and state pensions, if you meet the eligibility criteria 

You will also be on a path to British citizenship, usually after holding ILR for at least 12 months, subject to meeting naturalisation requirements. 

What Happen if you stay Outside the UK for More than 2 years? 

If you stay outside the UK for more than 2 consecutive years, you may lose your ILR status. 

This means: 

• You would no longer be considered settled in the UK 
• You may need a Returning Resident visa to come back and live in the UK 
• You must show that you had strong ties to the UK and that your absence was temporary 

Legal Options After a Bereavement Visa Refusal 

If the Home Office refuses your application for Indefinite Leave to Remain (ILR) as a Bereaved Partner, you may still have legal options available to challenge or respond to the decision. 

Check the Refusal Letter 

The Home Office will issue a written refusal notice, explaining the reasons for refusal. It will also tell you if you have a right to appeal or ask for an administrative review. The decision depends on the legal grounds and the immigration route used. 

Legal Options May Include: 

Right of Appeal

If your application engaged human rights considerations, such as your right to family or private life under Article 8 of the European Convention on Human Rights, you may be granted a full right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). 

Administrative Review

If you were not granted a right of appeal but believe a caseworking error was made, you may be able to request an Administrative Review. This is a process where the Home Office reconsiders the decision internally. 

Fresh Application

If your circumstances have changed or the refusal was due to missing evidence, you may submit a new application with improved documentation or updated eligibility. 

Judicial Review

If no right of appeal or review is available, and you believe the decision was unlawful or procedurally unfair, you may be able to challenge the refusal by applying for Judicial Review in the High Court. This is a complex process and should be undertaken with expert legal representation. 

Can I Get Leave to Remain Instead of ILR? 

Yes, in certain circumstances, you may be granted Limited Leave to Remain instead of Indefinite Leave to Remain (ILR) as a Bereaved Partner. According to the Immigration Rules, if you do not qualify for ILR only because paragraph S-ILR.1.5. or S-ILR.1.6. applies to you, the Home Office may still grant you further limited leave to remain. 

This situation typically arises where an applicant has an unspent criminal conviction (S-ILR.1.5) or has been involved in serious fraud, dishonesty, or similar conduct (S-ILR.1.6). In such cases, rather than refusing the application outright, the Home Office may grant leave to remain for up to 30 months, subject to a condition of no recourse to public funds. This means that while you would be permitted to live, work, and study in the UK, you would not be entitled to claim most public benefits during this period.  Limited leave does not provide settled status, but it offers legal residence and the opportunity to apply for ILR at a later stage, once you meet all requirements. 

When a Bereaved Partner with ILR May Apply for British Citizenship 

A Bereaved Partner who has been granted Indefinite Leave to Remain (ILR) may become eligible to apply for British citizenship by naturalisation after holding ILR for at least 12 continuous months. In most cases, applicants must also have been lawfully resident in the UK for a minimum of 5 years before the date of their application. During this period, you must not have spent more than 450 days outside the UK in the last 5 years, and no more than 90 days in the final 12 months prior to applying. 

In addition to the residency requirement, you must meet the good character requirement, pass the Life in the UK Test, and demonstrate sufficient knowledge of the English language. It is important to note that unlike spouses or civil partners of British citizens, Bereaved Partners must wait 12 months after being granted ILR before applying for citizenship, even if their deceased partner was a British citizen. 

How Can We Help?

Our expert team of ILR solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as a bereaved partner, we will carry out all the work on your ILR application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:

• Assessing your eligibility for ILR as a bereaved partner by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your ILR application as a bereaved partner;
• Advising you on the relevant documents to be submitted in support of your ILR application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form to apply for ILR as a bereaved partner by gathering all the relevant information from you and your bereaved partner;
• Helping you with paying the ILR application fee online;
• Booking your appointment with the application centre for enrolment of your biometrics;
• Where necessary, preparing detailed witness statement of the applicant and deceased partner explaining the background of their relationship and other relevant factors pertaining to the ILR application;
• Preparing a detailed cover letter to introduce and support your ILR application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your ILR application.

Our Fixed Fees For Applications As A Bereaved Partner

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the application. In addition to our fixed fee for legal services in relation to your application, the applicant will also have to pay the Home office UKVI fees for your application.