Bereaved Partner Visa: What to Do If Your Spouse Passes Away

What is the Bereaved Partner Visa?

The Bereaved Partner route is a pathway specifically for non-UK nationals in the country on a Spouse or Partner visa.

It allows individuals to apply for permanent settlement (also known as indefinite leave to remain) in the UK in the event of their UK sponsor passing away.

This route is an important one to be aware of for Spouse or Partner visa holders, as a condition of being able to stay in the UK is that they continue to be in a genuine relationship with their UK sponsor. This condition also extends to applications for permanent settlement, where the they must show proof that they intend to live in the UK permanently with their sponsor after being granted status.

However, the Bereaved Partner route allows for the non-UK national and their eligible children to continue to stay in the UK permanently even if their sponsor passes away, as long as they meet the requirements.

What are the Requirements for the Bereaved Partner Visa?

The eligibility criteria for the Bereaved Partner visa are as follows. As a non-UK national whose partner or spouse has passed away, you must:

• Have permission to stay in the UK with a Spouse, Civil Partner or Unmarried Partner visa (Fiancé, Fiancée or Proposed Civil Partner visas are not eligible)
• Have been in a genuine relationship with your spouse or partner who has now passed away
• Have been living with your spouse or partner full-time in the UK
• Have been intending to live permanently in the UK with your spouse or partner

What Can I Do With a Bereaved Partner Visa?

With the Bereaved Partner route, you will be able to settle permanently in the UK. You will not have to continue to renew your Spouse or Partner visa if you successfully apply for this route.

You will also be able to do the following:

• Work without restriction
• Run a business
• Study
• Access public services, such as healthcare and schools
• Apply for public funds (benefits) and pensions
• Apply for British citizenship after spending 12 months in the UK with indefinite leave to remain status

Note that although you will be “permanently” settled in the UK, you can still lose this status if you spend more than 2 years outside of the UK.

If you apply for British citizenship, you will be able to spend as much time outside of the UK as you like without worrying about losing your status.

How Do I Apply for the Bereaved Partner Visa?

You should apply for the Bereaved Partner visa online through the gov.uk website.

There, you will be prompted to fill in the online application form with your personal details, including information about your current immigration status and your relationship.

You will also need to attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point in order to give your biometrics.

Unlike other indefinite leave to remain applications, you will not have to take the Life in the UK Test or prove your English language skills when you apply.

What Documents Do I Need to Apply?

You will need to provide the following documents when applying for a Bereaved Partner visa, either through an online upload when you fill in the application form or by providing them in person at your UKVCAS appointment:

• Your current passport or other valid travel identification
• Any previous passports you’ve had while living in the UK
• Your spouse or partner’s death certificate
• Proof of your relationship, such as your certificate of marriage or civil partnership
• One of the following:
  • Your biometric residence permit (BRP), or
  • A share code from your eVisa

In addition to the above, you will need to provide documents to prove that you and your spouse/partner were living together.

These will need to be two different official documents addressed to both of you, or each of you individually, at the same address.

Examples of what are considered acceptable official documents include the following:

• Gas, water or electricity bills
• Phone bills
• Council tax bills
• Bank statements and letters
• Letters from a government department
• Letters about your TV Licence
• Tenancy agreements
• Mortgage agreement or statements
• Letters from your GP, a hospital or health service

How Much Does the Bereaved Partner Visa Cost?

The Bereaved Partner visa costs £3,226 to apply for.

Each applicant in the application must pay this fee, including any dependent children who are being included.

You and any other applicants may be eligible for a fee exemption if one of the following applies to you:

• You do not have a place to live and cannot afford one
• You have a place to live but cannot afford essential living costs like food or heating
• You have a very low income and paying the fee would harm your child’s wellbeing

If one of these situations applies to you, you will need to provide comprehensive proof of this in the form of bank statements, utility bills, payslips or similar.

After You Apply for a Bereaved Partner Visa

After submitting your online application and attending your appointment, it’ll normally take 6 months or less to process your application.

Your application may take slightly longer than this in certain cases, such as if your personal documents need to be verified, if you need to attend an interview or if your case is a complex one.

If your application is approved, you will be granted indefinite leave to remain status and can continue living and working in the UK as normal.

If your application is refused or rejected, you will receive a letter outlining the details why. There is a chance that you may be eligible for an administrative review or appeal in this case, though this isn’t always available to every refused or rejected case.

If you do not have the option for an appeal or review, you will have to leave the UK.

How to Apply for Your Children

If you have dependent children with you in the UK, they may also be able to be included in your application to be granted indefinite leave to remain.

In order to be eligible, all of the following must apply. They must:

• Have permission to be in the UK based on being your partner’s dependant
• Have been under 18 when the above permission was first given
• Plan to be living with you in the UK
• Have somewhere to live and be financially supported without using public funds
• Not be married or in a civil partnership

Supporting documents that must be included in the application for your children include the following:

• Current passport or other valid travel identification
• Birth certificate if they were born in the UK
• Biometric residence permit (if they have one)
• Proof they live permanently with you, such as letters from your child’s school or doctor

How Can IAS Help?

If you’re currently in the UK on a Spouse visa and your partner has passed away, or if you have any other questions or queries about your immigration status, IAS can help.

We are a team of expert and compassionate immigration lawyers who can work with you to help explore all of your options in the case of a bereavement, particularly helping to establish your eligibility for indefinite leave to remain. Our lawyers can also work with you on a number of other complex legal matters, such as if you have any issues with extending your current permission in the UK or if you’re unsure about how you can remain in the UK with your family.

To arrange an advice session with one of our advisers, reach out to us on +44 (0)333 414 9244 or contact us via our online form.