1. Introduction: When loss meets immigration uncertainty
Losing a partner is emotionally devastating. When your immigration status depends on that relationship, grief can be compounded by fear, confusion, and legal uncertainty. UK immigration law recognises this vulnerability and provides a specific route, the Bereaved Partner Route, to offer stability and permanent settlement during such a difficult time.
2. Understanding the Bereaved Partner Route
This route allows individuals to apply for Indefinite Leave to Remain (ILR) after the death of a partner, preventing sudden displacement. It is grounded in compassion, ensuring you can remain in the UK while grieving.
Legal Note: This application is now formally governed by Appendix Bereaved Partner of the Immigration Rules (updated for 2024/2025).
3. Who can apply
To be eligible, your deceased partner must have been:
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A British citizen; or
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A person settled in the UK (holding ILR); or
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An EU national with Settled or Pre-settled status; or
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A person with Refugee status or Humanitarian Protection.
Crucial Requirement: You must have already held a visa as their dependent partner (Spouse, Civil Partner, or Unmarried Partner) at the time of their death. This route is not available to those on fiancé(e) visas, work visas, or student visas.
4. Length of stay in the UK
Unlike standard settlement routes, there is no requirement to have lived in the UK for two or five years. Even if you arrived only weeks before the tragedy, you may qualify. The focus is on the genuineness of the relationship and your status at the time of death, not your duration of residence.
5. Timing and Procedure
While there is no “hard” statutory deadline, you should apply as soon as reasonably possible.
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Uniquely for 2025: The rules now explicitly state that you do not need to hold valid leave at the date of application, provided you held it at the time of your partner’s death. This protects those whose visas expired while they were in the immediate depths of grief.
6. Required evidence
You must provide:
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The official Death certificate.
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Proof of relationship: Marriage/civil partnership certificate or cohabitation evidence (utility bills, bank statements, etc.).
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Evidence that you were living together in the UK just before the death.
7. Immigration status at the time of death
You must have held valid leave as a partner when your partner died. If your relationship had legally ended (e.g., divorce) before the death, or if you were in the UK on a different visa type, you will likely not qualify for this specific route.
8. Children and Dependants
Children who were dependants on your visa can be included in your ILR application.
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Note: If a child is over 18 at the time of the application, they may still be included if they were under 18 when they were first granted leave as your dependant and have not started an independent life.
9. Fees and immigration costs
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The Fee: As of late 2025, the application fee is £3,029 per person.
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The Surcharge: You are exempt from the Immigration Health Surcharge (IHS).
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The Waiver: If you are destitute or cannot afford the fee due to the loss of your partner’s income, you can apply for a Fee Waiver. This is now a standard, formal process for this route.
10. English Language and Life in the UK requirements
Applicants under this route are exempt from both the English language requirement and the Life in the UK test. This is a significant concession that acknowledges the exceptional circumstances of the application.
11. Common mistakes
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Applying under the wrong route: Do not use standard “Family” forms if the partner has passed away.
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Incomplete Cohabitation Proof: Failing to show you were living together at the time of death.
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Ignoring the Fee Waiver: Paying the fee when you are eligible for a waiver can cause unnecessary financial hardship.
12. Final thoughts: Stability after loss
The Bereaved Partner Route is one of the most compassionate parts of UK immigration law. It exists to ensure that your home remains your home, even when your world has changed.