This comprehensive guide explains how to apply for bereaved partner ILR (Indefinite Leave to Remain) in the UK following the death of your spouse, civil partner, or unmarried partner. The bereaved partner route provides a compassionate pathway to settlement without the standard 5-year qualifying period, recognising the vulnerability faced when immigration status depends on a relationship suddenly ended by death. Whether you call it a bereavement visa or the bereaved partner route, this guide covers the 2026 requirements under Appendix Bereaved Partner, the £3,029 application fee (with fee waiver options), and step-by-step application guidance.
UK Bereavement Visa: Bereaved Partner ILR Guidance 2026
Losing a spouse or partner is an incredibly difficult experience, made more challenging when your immigration status depends on that relationship. The bereaved partner ILR route recognises this vulnerability and provides a direct pathway to Indefinite Leave to Remain without requiring the standard 5-year qualifying period, financial thresholds, English language tests, or Life in the UK examination.
The Immigration Rules underwent significant restructuring on 31 January 2024 with the introduction of Appendix Bereaved Partner, consolidating provisions previously scattered across Section BPILR of Appendix FM into a dedicated framework. Further changes in November 2025 introduced Part Suitability, replacing the previous Part 9 grounds for refusal. Between 2006 and 2023, a total of 1,207 applicants were granted ILR as bereaved partners in the UK.
What is Bereaved Partner ILR?
Bereaved partner ILR is a compassionate immigration route that grants Indefinite Leave to Remain to foreign nationals whose British or settled spouse, civil partner, or unmarried partner has died. Unlike standard settlement routes, it does not require a 5-year qualifying period, financial threshold, English language test, or Life in the UK examination. Applications can be submitted immediately after a partner's death with no waiting period.
The bereaved partner route exists because it would be unjust to force someone to leave the UK solely because their partner has died, particularly when they have built their life here on the basis of that relationship. This route provides immediate settlement rather than requiring applicants to find an alternative visa category or return to their home country during an already traumatic period.
What Happens If My Partner Dies While I'm on a Spouse Visa UK?
If your partner dies while you hold a spouse, civil partner, or unmarried partner visa, you can apply immediately for bereaved partner ILR. There is no waiting period, and critically, you do not need to have valid leave remaining at the time of application—the Home Office recognises that grieving individuals may not prioritise immigration matters immediately following bereavement.
This is one of the most compassionate provisions in UK immigration law. Unlike most visa routes where you must hold valid leave to apply for settlement, the bereaved partner route allows applications even if your previous leave has expired—provided your last grant of permission was as a qualifying partner. This recognises the reality that immigration paperwork is unlikely to be a priority during periods of profound grief.
Bereaved Partner Route Requirements Under Immigration Rules
The eligibility requirements for bereaved partner ILR are set out in paragraphs BP 4.1 to BP 6.2 of Appendix Bereaved Partner. You must demonstrate that you meet specific immigration status and relationship requirements.
Who is Eligible for Bereaved Partner ILR?
You are eligible for bereaved partner ILR if you held (or last held) permission as a spouse, civil partner, or unmarried partner of a British citizen, settled person, or EEA national with pre-settled status. Your partner must have died, and your relationship must have been genuine and subsisting immediately before their death. Fiancé(e)s and proposed civil partners are not eligible.
What Evidence is Required for Bereaved Partner ILR?
The relationship requirement under BP 6.1 and BP 6.2 mandates demonstrating that your relationship was genuine and subsisting immediately before your partner's death. Unlike standard family visa applications requiring extensive ongoing relationship evidence, bereaved partner applications focus on establishing relationship authenticity at the time of death.
- Death certificate: Official death certificate confirming your partner's death
- Marriage/civil partnership certificate: Proof of your legal relationship
- Cohabitation evidence: Joint tenancy, utility bills, or correspondence to shared address
- Photographs: Photos together showing genuine relationship
- Supporting statements: Letters from family, friends, or professionals attesting to the relationship
- Financial records: Joint bank accounts or shared financial commitments
- Valid passport: Your current passport or travel document
How to Apply for Bereaved Partner ILR
Applications for bereaved partner ILR must be submitted online through the gov.uk portal. The application form depends on your circumstances and previous immigration category.
- Step 1: Complete the online application form (SET(O) for most applicants)
- Step 2: Pay the £3,029 application fee (or apply for fee waiver if eligible)
- Step 3: Book and attend biometrics appointment at UKVCAS centre
- Step 4: Submit supporting documents (death certificate, relationship evidence)
- Step 5: Wait for decision (typically 3-6 months)
- Step 6: Receive decision via UKVI online account (eVisa)
What is the Bereaved Partner ILR Processing Time?
Bereaved partner ILR applications typically take 3 to 6 months to process following biometric enrolment. There is no priority or super-priority service available for this route. Successful applicants receive their decision through their UKVI online account, with indefinite leave to remain status reflected in the eVisa system.
For detailed information about ILR processing times, see our comprehensive guide. If your application is taking longer than expected, our guide on UK visa delays explains your options.
Bereaved Partner ILR Fee and Fee Waiver 2026
The bereaved partner ILR fee is £3,029 per person as of April 2025. This applies to both the main applicant and any dependent children included in the application.
Can I Get a Fee Waiver for Bereaved Partner ILR?
Yes, fee waivers are now available for bereaved partner ILR applications. Following the landmark NR v SSHD judicial review, the Immigration and Nationality (Fees) (Amendment) Regulations 2024 came into force on 9 October 2024, enabling destitute bereaved partners to apply without fee payment. You must demonstrate you cannot afford the fee after meeting essential living costs.
This significant change recognises that requiring vulnerable widows and widowers to pay £3,029 when they cannot afford it would force them to leave the UK despite meeting all eligibility requirements. To qualify for a fee waiver, you must demonstrate inability to pay after covering essential living costs such as housing, food, heating, and children's needs.
Understanding Bereaved Partner ILR Refusal
While the bereaved partner route is compassionate in nature, applications can still be refused if eligibility or suitability requirements are not met. Under BP 11.2 of Appendix Bereaved Partner, if the applicant does not meet the relevant requirements for settlement, the application must be refused.
Common Reasons for Bereaved Partner ILR Refusal
- Ineligible immigration category: Last grant of leave was as fiancé(e) or not as a qualifying partner
- Insufficient relationship evidence: Unable to demonstrate genuine and subsisting relationship before death
- Partner's status unclear: Cannot confirm deceased was British citizen, settled, or held qualifying status
- Suitability grounds: Criminal history, deception, or failure to meet Part Suitability requirements
- Incomplete application: Missing documents or incorrectly completed forms
If your application is refused, you can apply for an Administrative Review under Appendix Administrative Review. For more information about visa refusal reasons and your options, see our detailed guide. In some cases, a UK immigration appeal may be possible if human rights grounds are engaged.
Can Dependent Children Apply for Bereaved Partner ILR?
Yes, dependent children can apply for settlement alongside a bereaved parent under paragraphs BP 7.1 to BP 10.2 of Appendix Bereaved Partner. Children must have held permission to be in the UK based on being the dependent of the deceased partner, been under 18 when that permission was granted, and intend to live with the bereaved parent. Children can be included in the parent's SET(O) application or apply separately using form SET(F).
Unlike the main applicant, dependent children over 18 must meet the English language B1 requirement and pass the Life in the UK test. They must also demonstrate adequate maintenance and accommodation without recourse to public funds.
- Bereaved partner ILR costs £3,029 per person (fee waiver available)
- No valid leave required at time of application—can apply even if leave expired
- Main applicants exempt from English language and Life in UK tests
- Processing takes 3-6 months with no priority service available
- Applications governed by Appendix Bereaved Partner (paragraphs BP 1.1 to BP 12.2)
For official guidance on the bereaved partner route, visit the gov.uk Appendix Bereaved Partner Immigration Rules. For detailed Home Office caseworker guidance, see the Settlement: family and private life guidance.
Frequently Asked Questions
What is bereaved partner ILR and who is it for?
Bereaved partner ILR is a compassionate immigration route that allows foreign nationals whose British or settled spouse, civil partner, or unmarried partner has died to apply for Indefinite Leave to Remain. It is designed for those who held a family visa as a partner and provides immediate settlement without the usual 5-year qualifying period, financial requirements, or language tests.
What happens if my partner dies while I'm on a spouse visa UK?
If your partner dies while you hold a spouse visa, you can apply immediately for bereaved partner ILR. There is no waiting period, and you do not need to have valid leave remaining—the Home Office recognises that immigration matters may not be a priority during bereavement. Apply using form SET(O) with your death certificate and relationship evidence.
What is the bereaved partner ILR fee in 2026?
The bereaved partner ILR fee is £3,029 per person as of April 2025. This applies to both the main applicant and any dependent children. Fee waivers are available for those who cannot afford the fee after meeting essential living costs, following the NR v SSHD judicial review decision implemented in October 2024.
How long does bereaved partner ILR processing take?
Bereaved partner ILR applications typically take 3 to 6 months to process following biometric enrolment. There is no priority or super-priority service available for this route. Complex cases requiring additional verification may take longer.
Do I need to pass the Life in the UK test for bereaved partner ILR?
No, main applicants for bereaved partner ILR are exempt from both the Life in the UK test and the English language requirement. However, dependent children aged 18 or over who are applying alongside you must meet the B1 English language requirement and pass the Life in the UK test unless an exemption applies.
Can I apply for bereaved partner ILR if my visa has expired?
Yes. Unlike most immigration applications, you do not need to hold valid leave at the time of your bereaved partner ILR application. If your leave has expired since your partner's death, you can still apply provided your last grant of permission was as a qualifying partner (spouse, civil partner, or unmarried partner).
What is Appendix Bereaved Partner?
Appendix Bereaved Partner is the section of the UK Immigration Rules (paragraphs BP 1.1 to BP 12.2) that governs settlement applications for bereaved partners. Introduced on 31 January 2024, it replaced Section BPILR of Appendix FM and provides a comprehensive framework covering eligibility, relationship requirements, and provisions for dependent children.
What happens if my bereaved partner ILR application is refused?
If your bereaved partner ILR application is refused, you can request an Administrative Review under Appendix Administrative Review, which challenges the decision if errors were made. In some cases, you may be able to lodge an immigration appeal if human rights grounds are engaged. Alternatively, you may reapply with additional evidence addressing the reasons for refusal, or seek professional legal advice about your options.