Settling in the UK as a Bereaved Spouse or Partner
If your spouse or partner has passed away during the probationary period of your visa, you may be eligible to apply for **Indefinite Leave to Remain (ILR)** in the UK. This provision is made for those who were in a subsisting relationship with their partner, intending to live together permanently in the UK at the time of the sponsor’s death.
Who Can Apply?
You can apply to settle in the UK if:
- You currently hold temporary permission to stay as the **husband, wife, or civil partner** of a person who was present and settled in the UK when they passed away.
- You currently hold temporary permission to stay as the **unmarried or same-sex partner** of a person who was present and settled in the UK at the time of their death, and you were still living together with the intention of continuing to do so permanently.
Eligibility Criteria
To qualify for ILR as a bereaved spouse or partner:
1. The Relationship Must Have Been Genuine and Subsisting:
At the time of your partner’s death, your relationship must have been ongoing, and you must have been planning to live together permanently.
2. Your Partner Must Have Been Present and Settled in the UK:
Your partner must have held settled status (such as ILR or British citizenship) at the time of their death.
3. Apply During the Probationary Period:
The rules are designed for those whose sponsor died during the probationary period. You must make your application while you still have limited leave to enter or remain in the UK. For example, if you are on further leave to remain or the 5-year route, you would be eligible for ILR.
Who Qualifies as a ‘Partner’?
Your partner can be:
- Your spouse (husband or wife).
- Your civil partner
- Someone you were living with in a relationship that resembled marriage or a civil partnership**.
If you meet the above criteria, you can apply for ILR and settle in the UK following your partner’s passing.
Find Out More
If you want more information on **UK settlement visas**, or need assistance with your application, feel free to **contact us today
You can apply any time after your partner’s death.
Download and fill in the SET(O) form and send it to the address on the form.
The fees are listed on the form.
You can apply to settle in the UK if your partner dies – find out more
What to do after somebody dies in the UK – how to register a death in the UK