The loss of a partner is a sad and difficult time. Your position is further complicated if you are in the UK on a spouse visa. These are the steps you can take to secure your visa after bereavement.
Whether you were the partner of a British Citizen, or someone with indefinite leave to remain, there is a process which allows you to stay in the UK. You can apply for Indefinite Leave to Remain (ILR) as a bereaved partner. Any children dependent on you can also apply for ILR. You do not have to wait until your current visa expires to apply. Additionally, there is no time limit on your application; you can apply any time after your partner dies.
Steps to Apply for ILR as a Bereaved Partner
The first and most important step is to determine whether you are eligible to apply for ILR as a bereaved partner. You must be in the UK and have held a partner visa before the death of your partner. You partner must have been a British citizen or have held pre-settled or settled status at the time of their death. If you were on a fiancé(e) or proposed civil partner visa, you will not be able to apply for ILR under this route. You do not need to have passed the Life in the UK test or meet the English language proficiency requirements.
The next step you should take is to compile the evidence needed for your application. You will need to prove the death of your partner with a death certificate. You will also need to show that you were in a genuine and subsisting relationship. You should also provide evidence of regular contact, signs of affection and companionship, emotional support and an abiding interest in each other’s welfare and wellbeing. The Home Office will expect to see your marriage civil partnership certificate and evidence of cohabitation. You can provide documents addressed to both of you or documents addressed to you individually at the same address. They should date from the last few years and come from a range of sources, although official sources are preferable. You will also need to show that you and your partner intended to live together permanently in the UK. Any time spent outside of the UK should be limited, and it should be for reasons such as work, holidays, training or study.
Another step you should take is to consider the status of any children you may have. Your child/children can also apply for ILR as the Dependent Child of a Bereaved partner, provided they have permission to be in the UK based on being your partner’s dependent, they were under 18 when this permission was given, they will live with you in the UK, they will have sufficient funds to support themselves without recourse to public funds and they are not married or in a civil partnership.
Application Process
The fee for the application is £2,885. Children will need to pay a separate fee. You will typically receive a decision within 6 months.
If your application is successful, you will be granted Indefinite Leave to Remain. You will be able to work, use public services and apply for public funds. After 12 months, you will be able to apply for British citizenship. You can lose your ILR if you are absent from the UK for more than 2 years at a time.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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