Bereaved partner ILR

Those who have lost their partner on whose immigration status they relied for their visa in the UK, can apply for a special category of ILR. The bereaved partner ILR has different requirements when comparing to other types of applications for ILR.

breaved partner ILR application

The requirements to be met for indefinite leave to remain in the UK as a bereaved partner are that:

  • the applicant must be in the UK;
  • the applicant must have made a valid application for indefinite leave to remain as a bereaved partner;
  • the applicant must not fall for refusal under any of the Suitability-indefinite leave to remain grounds:
    • The applicant is currently the subject of a deportation order.
    • The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
    • The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.
    • The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.
    • The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
    • The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
    • The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs above), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
    • The applicant has failed without reasonable excuse to comply with a requirement to-
  • the applicant must meet all of the eligibility requirements listed below.

Eligibility requirements

The applicant’s last grant of limited leave must have been granted under Appendix FM as:

  • a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
  • a bereaved partner.

The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.

At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.

There is no requirement to pass the Life in the UK test, nor to provide evidence of English language.

The application fee for ILR is currently £2,408.20.

Further leave to remain instead of ILR

If the applicant does not meet the requirements for indefinite leave to remain as a bereaved partner only because one of the two reasons listed below applies, the applicant will be granted further limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds.

  • The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.
  • The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.