UK Immigration Rules and Berea

UK Immigration Rules and Bereaved Partners

The loss of a loved one is a traumatic experience, so much more if this also affect your right to remain in the UK. Fortunately, the UK Immigration Rules make provision for such unfortunate circumstances.

UK Immigration Rules and Berea

The UK Immigration Rules and Regulations can be very strict and even harsh in some circumstances. Fortunately, it is very sympathetic in other cases. One of these more sympathetic UK Immigration Rules is the Leave that can be applied for by a Bereaved Partner. The loss of a partner is traumatic, and these rules make allowance for the dependants not to have to worry about what effect the death of their partner will have on their future in the UK.

Applying for Leave to Remain in the UK as a Bereaved Partner

The spouse/civil partner or unmarried partner of a person present and settled in the UK, who has died, will qualify to apply for Indefinite Leave to Remain (ILR) provided the following criteria are among other things met:

  • The applicant must be in the UK;
  • The applicant’s last grant of limited leave must have been as a partner of a British citizen, or a person settled in the UK.
  • At the time of the partner’s death, the relationship between the two parties must have been genuine and subsisting, and each of the parties must have intended to live together permanently in the UK.

Life in the UK and English Language Test Requirements


When applying under the rules for a Bereaved Partner, there is no requirement to fulfil the criteria for the Life in the UK test or the English Language test. There are no qualifying periods either, and the bereaved partner can apply as soon as the partner has passed away.

Fiancees and Proposed Civil Partners 

Unfortunately, in cases where the person with Limited Leave to Remain is the the fiancé or a proposed civil partner, that person will unfortunately not qualify to apply for Indefinite Leave to Remain as a Bereaved Partner. In such cases the person will unfortunately have to seek alternative routes to continue their stay in the UK.

If you need any further information, or would like to obtain information in your unique circumstances, please contact our offices. or


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