Family – Bereaved Partners

Indefinite leave to remain, also called settlement, gives you the right to live, work and study in the UK for as long as you wish. You may also use public services, apply for benefits if eligible and later apply for British citizenship

You may be eligible if your permission to be in the UK was based on being the partner of someone who was a British citizen, had indefinite leave to remain, or was from the EU, Switzerland, Norway, Iceland or Liechtenstein and held pre-settled status.

A partner can be your spouse, civil partner, or someone with whom you were living in a relationship similar to a marriage or civil partnership.

Before your partner died, you must have been granted a family visa as their partner. Permission as a fiancé, fiancée or proposed civil partner does not qualify under this route.

When your partner died, you must have been living together in the UK and intending to live together permanently here. Your partner must not have been permanently living in another country.

You can apply at any time after your partner’s death. You do not need to wait for your current visa to expire, but you must be in the UK when you apply.

No. You do not need to take the Life in the UK Test or prove your English language ability for this application.

You need documents covering the period from when you received permission to be in the UK as your partner’s dependant until your partner died.

Your children may qualify for settlement at the same time as you. You can include them as dependants if:

• they have permission to be in the UK as your late partner’s dependant.
• they were under 18 when that permission was granted, even if they have since turned 18
• they will live with you in the UK
• they will have suitable accommodation and financial support without relying on public funds
• they are not married or in a civil partnership

They may still be able to make a separate settlement application. An application may be refused where relevant immigration rules or general grounds for refusal apply.

You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man before a decision is made. If you do, your application will be withdrawn

You can work, run a business, study, use public services such as healthcare and schools, and apply for public funds and pensions if eligible.

You may usually apply for British citizenship after holding indefinite leave to remain for at least 12 months, provided you meet the citizenship requirements.

You can lose indefinite leave to remain if you remain outside the UK for more than two years at a time. You may then need to apply for a Returning Resident visa before returning.