What happens if your partner dies while you are on a Spouse or Partner visa?
If your partner has died and you are in the UK on a valid Spouse Visa (whether married or in a civil partnership) or an Unmarried Partner Visa, you may be eligible to apply for Indefinite Leave to Remain (ILR), provided you meet the requirements. You can apply at any time after your partner’s death. You do not have to wait for your current visa to expire.
There is no separate ‘Bereaved Partner visa’ in the UK immigration system. Rather, it is an application for ILR made under the bereaved partner route, set out in Appendix Bereaved Partner of the Immigration Rules. Applications are made online using the SET(O) form. Most applicants must apply from within the UK. The only exception is for those who were last granted permission as a partner under Appendix HM Armed Forces, who may apply from outside the UK using form VAF (AF). If you are applying from within the UK under Appendix HM Armed Forces, you would use form SET(AF) instead.
You will not be eligible for this ILR route if your leave in the UK was based on a different visa category, such as a Skilled Worker dependant visa, fiancé(e) visa or proposed civil partner visa.
ILR requirements as a bereaved partner
According to the rules, to qualify for ILR on the bereaved partner route, the following requirements must be met:
- You must have, or have last been granted, permission as a partner under a qualifying route (such as Appendix FM, Part 8 of the Immigration Rules, or under Appendix HM Armed Forces)
- Your partner must have been a British citizen, had Indefinite Leave to Remain, or been an EEA national with pre-settled status under the EU Settlement Scheme
- Your relationship with your partner must have been genuine and subsisting immediately before their death
- You must have been living together in the UK at the time of your partner’s death (unless exceptional circumstances apply)
- You must not fall for refusal under the suitability requirements of the Immigration Rules
Unlike many ILR routes, applicants are generally not required to meet the:
- Financial requirement
- English language requirement
- Life in the UK test
There is also no minimum period of residence required. You can apply immediately after your partner’s death.
Can a dependant child apply for ILR if your partner dies?
When a partner dies, the applicant’s dependant children may also be eligible to apply for ILR as the dependent children of a bereaved partner. Children apply using the same Appendix Bereaved Partner route, and where a child is applying at the same time as their parent and is included in the parent’s application, the SET(O) form is used. Children who are not applying at the same time as their parent use form SET(F).
For a dependant child to qualify, the following requirements must be met under Appendix Children of the Immigration Rules:
- The child must meet the relationship requirement for settlement
- The child must meet the care requirement
- The child must meet the age and independent life requirement (they must not be leading an independent life)
Children applying on this route are required to meet the English language requirement (at least Level B1 for applications made before the 26 March 2027, rising to at least Level B2 for applications made on or after that date) and the Knowledge of Life in the UK requirement, unless an exemption applies. There must also be adequate maintenance and accommodation available for the child without recourse to public funds.
If family members are applying at the same time as the main applicant, a separate application fee is payable by each. As of June 2026, the application fee for ILR under this route is £3,226 per person. Fee waivers are available in cases of genuine financial hardship.
What documents do you need for bereaved partner ILR?
The documents required for an ILR application as a bereaved partner may vary depending on the individual circumstances. Generally, the main applicant may need to provide:
- Your current passport or Biometric Residence Permit (BRP), to confirm your identity and current immigration status
- Your partner’s death certificate, as evidence that your partner has died
- Evidence of your partner’s British citizenship, Indefinite Leave to Remain, or pre-settled status (for example, a British passport, BRP, or Home Office letter)
- Your marriage certificate, civil partnership certificate, or evidence of your unmarried partnership (such as cohabitation documents, joint bank account statements, or utility bills in joint names)
- Proof of cohabitation showing that you were living together in the UK at the time of your partner’s death (for example, joint tenancy agreements, correspondence addressed to both of you, or bank statements showing the same address)
- Evidence of your genuine and subsisting relationship (for example, photographs together, correspondence, and records of shared life)
After submitting your online application, you will need to book an appointment to have your biometric information (fingerprints and a photograph) taken. There is no fee for providing biometric information. Applications are typically decided within 6 months of biometric enrolment. If your application is refused, you may apply for an Administrative Review within 14 days of the refusal decision.
References:
GOV.UK: Indefinite leave to remain if your partner dies
GOV.UK: Immigration Rules Appendix Bereaved Partner
GOV.UK: Form VAF (AF)
GOV.UK: Form SET(AF)
GOV.UK: Form SET(F)
