ILR as a Bereaved Partner: Settling in the UK After Your Partner Dies

Losing your spouse or partner is difficult enough without uncertainty about your immigration status. If you are a Thai national living in the UK with permission based on your relationship, you may qualify for indefinite leave to remain as a bereaved partner.

This is a separate settlement route. Eligible applicants do not need to complete the usual five-year partner qualifying period before applying.

What is bereaved partner ILR?

The bereaved partner route allows eligible applicants to obtain settlement after the death of the partner on whom their immigration permission was based.

If granted, ILR removes the time limit on your stay in the UK. It is not automatic: you must apply and meet the relevant eligibility and suitability requirements.

Who can apply?

For the usual family visa route, you must have, or have last been granted, qualifying permission as the partner of someone who was:

• A British citizen.
• Settled in the UK.
• An eligible EEA national with qualifying pre-settled status.

Your relationship must have been genuine and continuing immediately before your partner died. Evidence of your life together will be important.

Permission as a fiancé, fiancée or proposed civil partner does not qualify under this route. Separate provisions apply to certain Armed Forces partners.

Do you have to wait until your visa expires?

No. You can apply after your partner’s death without waiting for your current visa to expire.

There is no requirement to finish five years on the partner route. However, your immigration position should be checked promptly, especially if your permission is close to expiry or has already expired.

Do not assume that bereavement automatically changes your eVisa to settled status. A successful settlement application is still required.

Do you need an English test or Life in the UK Test?

A bereaved partner applying under this route does not need to prove English language ability or pass the Life in the UK Test.

These exemptions apply to the bereaved partner’s settlement application. They should not be assumed to cover a dependent child or a later British citizenship application.

Is there a minimum income requirement?

The bereaved partner’s application does not carry the usual spouse visa minimum income requirement.

You do not need to demonstrate the £18,600 or £29,000 partner income threshold simply to qualify as a bereaved partner. Financial evidence may still be relevant if you request a fee waiver or if a dependent child applies.

What documents should you prepare?

The evidence should establish your identity, immigration history, your partner’s death and your relationship before they died. Common documents include:

• Your current passport or other accepted identity document.
• Previous passports held while living in the UK.
• Your eVisa details and relevant Home Office decision letters.
• Your partner’s death certificate.
• Your marriage or civil partnership certificate, where applicable.
• Evidence of your partner’s nationality or immigration status.
• Correspondence showing your shared address and life together.

Shared-address evidence can include Council Tax bills, bank correspondence, tenancy or mortgage documents, utility bills and letters from government departments or healthcare providers.

If documents are missing, or you were temporarily apart because of hospital treatment or other circumstances, explain this clearly. Documents that are not in English or Welsh should be accompanied by an appropriate translation.

Can dependent children apply?

Eligible dependent children may also apply, but their requirements must be checked separately. A child does not automatically receive settlement because their parent qualifies.

Age, dependency, care arrangements, maintenance and accommodation can be relevant. Older children may also need to meet English language and Life in the UK requirements unless exempt.

Provide details of each child’s nationality and immigration status when seeking advice.

Application fees and financial hardship

The GOV.UK application fee currently listed for this route is £3,226 per applicant. Check the fee again before submitting.

A fee waiver may be available where an applicant meets the financial hardship criteria. This can include being unable to afford accommodation or essential living costs, or circumstances where paying the fee would harm a child’s wellbeing.

A waiver requires supporting evidence. It should not be assumed that everyone who has lost a partner qualifies automatically.

Government charges and our professional fees are separate. We will explain the scope of our work and the professional fee before you instruct us.

How do you apply?

Most qualifying family-route applicants apply online using the SET(O) application linked through GOV.UK. Other forms apply in certain Armed Forces or child applications.

The process includes completing the application, supplying supporting evidence and providing biometrics when required.

Our UK office can help identify the correct application, organise the evidence and explain any circumstances that need additional clarification.

What if you are in Thailand?

For the ordinary family-route bereaved partner application, you must be in the UK. It is not a general route for a widow or widower living in Thailand to move to the UK after their British partner dies.

Different provisions can apply to qualifying Armed Forces partners. If you are overseas, obtain advice about your existing permission and available options before making travel arrangements.

British citizenship after bereavement

Settlement and British citizenship are separate applications.

If your British spouse has died, you cannot apply for naturalisation on the basis of being the spouse of a British citizen who is deceased. You may qualify under the ordinary naturalisation provisions, usually after holding ILR for 12 months and meeting the other requirements.

The English and Life in the UK exemptions for bereaved partner settlement do not automatically exempt you from citizenship requirements.

Support from Thai Visa Express

We understand that collecting documents and dealing with an immigration application can feel overwhelming following a bereavement.

Our UK office can review your circumstances, provide a clear document list and help prepare your settlement application.

In-country UK immigration applications are handled by our separate UK office. Paul Aslett is registered with the Immigration Advice Authority under registration number F200700163.

Visit Thai Visa Express UK for information about our UK office.

This guide provides general information. Eligibility, fees and evidence requirements should be checked against the rules in force when you apply.