Apply for ILR as a Bereaved Partner: Complete Guide 2025

Losing your partner is one of the most difficult experiences anyone can face. When you’re also worried about your immigration status in the UK, the situation can feel overwhelming. If your British or settled partner has sadly passed away, you may still be able to stay in the UK permanently by applying for Indefinite Leave to Remain (ILR) as a bereaved partner.

The UK immigration system recognises the devastating impact of losing a spouse, civil partner, or unmarried partner. The bereaved partner route allows you to settle in the UK without meeting many of the usual requirements that apply to other immigration applications. You don’t need to have lived here for five years, prove a minimum income, or pass language tests.

This guide will walk you through everything you need to know about applying for ILR as a bereaved partner, including who qualifies, what documents you’ll need, and how the application process works.

What is ILR as a Bereaved Partner?

ILR as a bereaved partner is a special immigration route that allows you to stay in the UK permanently after your partner has died. This route is available to people who were married to, in a civil partnership with, or living with a British citizen or someone with settled status when they passed away.

The rules for this application are set out in Appendix Bereaved Partner of the Immigration Rules. Unlike standard partner visa routes, the bereaved partner pathway is designed to be more straightforward and compassionate. The Home Office recognises that bereaved partners shouldn’t have to leave the UK simply because their relationship has ended through death rather than reaching a specific time milestone.

This means you can apply for ILR immediately after your partner’s death, rather than waiting years to qualify. Once granted, ILR gives you the right to live, work, and study in the UK without restrictions, and puts you on the path to British citizenship if you wish to apply later.

Who is Eligible for Bereaved Partner ILR?

To qualify for ILR as a bereaved partner, you must meet several requirements that show you were in a genuine relationship with someone who had the right to live in the UK permanently.

Relationship Requirements

Your relationship must have been genuine and continuing at the time your partner died. The UKVI needs to see that you were truly committed to each other, not just together for immigration purposes.

This route covers various types of partnerships, including:

• Married couples
• Civil partners
• Unmarried partners who were living together

You need to provide evidence that you were living together in the UK when your partner passed away, unless there were exceptional circumstances that meant you were temporarily living apart.

Immigration Status Requirements

At the time you apply for ILR as a bereaved partner, you must hold valid leave to remain in the UK as a partner. This means you should have been in the UK on a spouse visa, civil partner visa, or unmarried partner visa when your partner died.

Your partner must have been either:

• A British citizen
• Someone with indefinite leave to remain (settled status)
• A refugee
• Someone with humanitarian protection

If your current visa has expired or is about to expire, you should seek immigration advice quickly. Immigration solicitors in Manchester can help you understand your options and make sure you don’t fall out of legal status.

Key Exemptions That Make This Route Different

The bereaved partner route is significantly more accessible than standard ILR applications. You are exempt from several requirements that usually apply:

No residence requirement: Most ILR applications require you to have lived in the UK for five years continuously. As a bereaved partner, you can apply immediately after your partner’s death, regardless of how long you’ve been in the UK.

No financial requirement: Standard partner visas require your sponsor to earn at least £29,000 per year (or more if you have children). This requirement doesn’t apply to bereaved partner applications.

No English language test: You don’t need to prove your English language skills by taking an approved test.

No Life in the UK test: Unlike other ILR routes, you won’t need to pass the Life in the UK test about British culture, history, and values.

These exemptions recognise that bereaved partners are in a difficult situation and shouldn’t face the same hurdles as people applying through standard routes.

Documents You’ll Need for Your Application

Gathering the right documents is one of the most important parts of your application. The Home Office needs to see clear evidence of your relationship, your partner’s status, and their death.

Essential Official Documents

Death certificate: You’ll need an official UK death certificate for your partner. This is usually issued by the registrar where the death was registered. If the death occurred abroad, you may need both a foreign death certificate and its official translation.

Marriage or partnership certificate: Provide your marriage certificate if you were married, your civil partnership certificate if you were civil partners, or evidence of your unmarried partnership if you were living together without being married.

Your passport and visa documents: Include your current passport and your biometric residence permit (BRP) showing your current immigration status.

Partner’s citizenship evidence: You need to prove your partner was British or settled in the UK. This could be their British passport, birth certificate, naturalisation certificate, or their BRP showing indefinite leave to remain.

Evidence of Your Relationship

The Home Office wants to see that your relationship was real and that you were living together as partners. Strong evidence includes:

Proof of living together: Joint tenancy agreements, council tax bills in both names, or utility bills sent to both of you at the same address.

Joint financial commitments: Bank statements for joint accounts, mortgage documents in both names, or insurance policies listing both of you.

Correspondence and communication: Letters addressed to both of you, emails or messages between you (particularly helpful if you were in contact during any periods apart).

Photographs: Pictures of you together at different times and places, showing a genuine relationship over time.

Statements from family and friends: Written letters from people who knew you as a couple can support your application.

The more evidence you can provide, the stronger your application will be. If you’re unsure what documents you have or need, Solicitors in Manchester can review your case and advise on the best evidence to submit.

Step-by-Step Application Process

Applying for ILR as a bereaved partner involves several stages. Understanding what happens at each step can make the process feel less overwhelming.

Complete the SET(O) Online Form

Your application begins with the SET(O) form, which stands for “Settlement – Other Categories”. This is the official form for ILR applications that don’t fall into standard categories like work or family routes.

You’ll complete this form online through the UK government website. The form will ask about your personal details, immigration history, your partner’s details, and information about your relationship. Take your time filling it in, and make sure all dates and details match the documents you’ll be submitting.

At the end of the online form, you’ll pay the application fee. As of 2025, the ILR application fee is substantial, so make sure you have the funds available or speak to a solicitor about payment options.

Book Your Biometric Appointment

After submitting your online application, you’ll need to book an appointment to provide your fingerprints and photograph. These biometrics are used to create your new biometric residence permit if your application is successful.

Biometric appointments are held at TLSContact centres across the UK. You can usually choose an appointment within a few days or weeks of your online application. Make sure to bring your appointment confirmation, passport, and current BRP to this appointment.

Upload Your Supporting Documents

Before attending your biometric appointment, you should upload all your supporting documents through the TLSContact online portal. This includes everything we discussed earlier: your death certificate, relationship evidence, and all other required documents.

Make sure your documents are clear, legible scans or photographs. The Home Office may refuse your application if they can’t read your documents properly. If you have documents in languages other than English, you’ll need to provide certified translations.

Wait for a Decision

Once you’ve attended your biometric appointment and uploaded your documents, your application will be reviewed by the Home Office. Processing times for ILR applications as a bereaved partner typically range from three to six months under the standard service.

During this time, the Home Office may contact you if they need additional information or documents. Make sure you respond quickly to any requests, as delays in providing information can slow down your application.

You can continue to live and work in the UK while you’re waiting for a decision, as long as your current visa remains valid.

What Happens After You Get ILR?

If your application is successful, you’ll receive indefinite leave to remain in the UK. This is a permanent immigration status that allows you to:

• Live in the UK for as long as you want
• Work in any job, including self-employment
• Study at any level
• Access public services like the NHS
• Apply for most benefits (subject to eligibility)
• Travel in and out of the UK freely

ILR doesn’t expire, though you’ll need to apply for a new biometric residence permit every ten years to prove your status.

Including Dependent Children

If you have children who were dependent on your partner’s visa, they may be able to apply for ILR at the same time as you. Each child will need their own application, but applying together can be more straightforward than applying separately.

Children included in your application must meet the eligibility requirements for dependent children, which usually means they’re under 18 and not married or in a civil partnership.

Path to British Citizenship

After receiving ILR as a bereaved partner, you can apply for British citizenship through naturalisation once you meet the residence requirements. Generally, you need to have lived in the UK for at least five years and held ILR for at least 12 months before you can apply for citizenship.

Becoming a British citizen would give you additional rights, including the ability to vote and hold a British passport.

Common Reasons for Refusal and How to Avoid Them

While the bereaved partner route is designed to be compassionate, applications can still be refused if they don’t meet the requirements. Understanding common refusal reasons can help you avoid problems.

Insufficient Evidence of Your Relationship

The most common refusal reason is failing to prove your relationship was genuine and subsisting. This often happens when applicants don’t provide enough documents showing they lived together and shared their lives.

To avoid this, include a wide range of evidence covering different aspects of your life together. Don’t just send one or two documents – build a comprehensive picture of your relationship.

Problems with Immigration Status

If your visa had expired when you applied, or if there were gaps in your legal status, your application might be refused. Always check your visa expiry date and apply for ILR while your current leave is still valid.

If you’re worried about your immigration status, get advice as soon as possible. It’s often easier to fix status issues before applying for ILR than to deal with a refusal later.

Document Quality Issues

Applications can be delayed or refused if documents are unclear, incomplete, or not properly translated. Make sure all your documents are high-quality scans or photographs, and that any translations are done by certified translators.

If Your Application is Refused

If your application for ILR as a bereaved partner is refused, you have the right to request an administrative review within 14 days. An administrative review asks the Home Office to reconsider their decision, usually because they made an error in assessing your application or didn’t consider all your evidence.

Administrative reviews must be requested quickly, so don’t delay if you receive a refusal. Immigration solicitors can help you understand why your application was refused and whether an administrative review is likely to succeed.

How Solicitors in Manchester Can Help With Your Application

Applying for ILR as a bereaved partner is emotionally difficult. You’re dealing with grief while trying to secure your future in the UK. Having professional help can make a significant difference to both your wellbeing and your chances of success.

Solicitors in Manchester offer compassionate, professional support for bereaved partner applications. Their immigration solicitors understand the sensitivity required when helping clients through this process, and they have extensive experience with UK Visas & Immigration Services.

What Immigration Solicitors Can Do For You

Review your eligibility: Before you apply, a solicitor can assess whether you meet all the requirements for ILR as a bereaved partner and advise on any potential issues.

Prepare your application: Solicitors can help you gather the right evidence, complete the SET(O) form accurately, and present your case in the strongest possible way.

Handle communication with the Home Office: If the Home Office requests additional information or if there are any problems with your application, your solicitor can deal with this on your behalf.

Represent you if refused: If your application is refused, a solicitor can advise on your options, help you request an administrative review, or explore alternative immigration routes.

Plan your future: Once you have ILR, solicitors can advise on citizenship applications, bringing family members to the UK, or any other immigration matters.

Get Expert Help Today

If you’re considering applying for ILR as a bereaved partner, don’t face it alone. The team at Solicitors in Manchester provides expert immigration advice with the compassion and understanding you need during this difficult time.

Call 0161 464 4140 to speak with an experienced immigration solicitor, or book an appointment online at a time that suits you. They offer nationwide services, so you can get expert help wherever you are in the UK.