What Is This Visa
The Bereaved Partner Visa is a settlement visa under the UK Immigration Rules, specifically covered by Appendix Bereaved Partner. It is a Spouse Visa that is designed to provide protection and stability for individuals whose relationship has ended due to the death of their partner.
This immigration route ensures that individuals in vulnerable circumstances are not forced to leave the UK following the loss of a spouse or partner and allows eligible applicants to apply for indefinite leave to remain under the family visa route.
Who Can Apply For The Bereaved Partner Visa?
This visa is for individuals whose partner has passed away and who, at the time of their death, their partner was:
- A British citizen or held British nationality
- An individual who had indefinite leave to remain (ILR) in the UK under UK Immigration rules
- An EEA national who had pre-settled status under the EU Settlement Scheme
- A member of the UK Armed Forces under Appendix Armed Forces
Applicants need to have previously been granted permission as a spouse, civil partner or unmarried partner under Appendix FM or Appendix HM Armed Forces.
Dependent children can also apply under a Bereaved Partner Visa.
Requirements and Supporting Evidence for a Bereaved Partner Visa
Supporting Evidence and Relationship Requirements
Applicants must demonstrate that they previously met the relationship requirement under the family route. Applicants need to provide a marriage certificate, civil partnership certificate or evidence they are unmarried partners. This includes evidence of a genuine and subsisting relationship at the time of their partner’s death. The Home Office decision maker will assess relationship proof, including cohabitation evidence such as utility bills or bank statements.
Where applicable, personal statements may be used to explain the history of the relationship and the circumstances surrounding the bereavement. A death certificate is mandatory supporting documentation and must clearly confirm the passing of the sponsoring partner.
Financial Circumstances and Public Funds
The Bereaved Partner route recognises that applicants may experience financial hardship following the death of a partner. Unlike other routes under Appendix FM, there is no minimum income requirement. Access to public funds is permitted once settlement is granted.
Children and Care Arrangements
Where children are involved, they can be included as a dependant on the application. Applications must comply with Appendix Children of the Immigration Rules. A Dependent Child must usually be under 18 not leading an independent life and there must be adequate care arrangements. Evidence of parental responsibility will be assessed by UK Visas and Immigration. The welfare of children is a primary consideration in all Human Rights-based applications.
English Language and Settlement Considerations
Applicants under Appendix Bereaved Partner are exempt from the English language test at the point of application. However, a future application for British citizenship will require proof of English language ability, usually at B1 level. We can advise on approved tests and acceptable qualifications demonstrating English language skills.
Biometrics and Application Process
As part of the application process, applicants must provide biometric information, including fingerprints and a facial image. This biometric enrolment involves submitting biometric data at a designated location once instructed by the Home Office. Failure to comply may delay or invalidate the application.
Human Rights and Refusals
In some cases, applications may also rely on Article 8 ECHR, which protects the right to respect for private and family life under the European Convention of Human Rights. Where an application is refused, options may include judicial review, depending on the circumstances and whether the refusal is lawful. Our solicitors can assess whether the decision complies with current policy guidance, including relevant provisions.
How Drummond Miller Can Support Your Application
With decades of experience in personal and family immigration, our immigration solicitors bring not only legal expertise but also a compassionate approach to each application.
Our service includes:
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Initial Consultation: A comprehensive assessment to confirm eligibility and outline the application strategy.
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Guidance on Supporting Documents: Step-by-step support in gathering and preparing all necessary documentary evidence.
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Application Preparation and Submission: A full-service approach to drafting and submitting your application form to the Home Office, ensuring precision, timeliness and the best chance of success.
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Ongoing Communication and Updates: Providing regular updates to keep you informed of your application’s progress and addressing any queries you may have.
Our commitment is to ensure that the visa application process is as stress-free as possible, guiding you through each step with care and professionalism.
Frequently Asked Questions
Yes. The Bereaved Partner Visa falls within the family visa route and is governed by Appendix Bereaved Partner of the UK Immigration Rules.
Applicants under Appendix Bereaved Partner are not required meet the Knowledge of Life in the UK requirement so do not need to pass the Life in the UK test.
There is usually an application fee for a Bereavement Visa, but you may be able to apply for an exemption or fee waiver, depending on financial circumstances.
If you are granted indefinite leave to remain, you may later be eligible to apply for British citizenship, subject to meeting nationality requirements.
If your application is refused, our immigration solicitors can advise on further options, including administrative review.
The Bereaved Partner Visa is only available where the applicant last held permission as a partner. It is not available to those who held permission as the partner of a Skilled Worker, Student visa, Graduate visa, nor visitor permission unde
Yes. UK Visas and Immigration, as the relevant government department, will consider your immigration history.
Applicants cannot travel while an application is under consideration. Leaving the Common Travel Area will result in the application being treated as withdrawn.
While legal representation is not mandatory, Bereaved Partner applications can involve complex assessments by the Home Office decision maker. Working with experienced immigration professionals ensures that your supporting documentation meets the requirements of the Immigration Rules and related guidance. Drummond Miller offers a personal service with expertise in migration and citizenship matters.
Why Choose Drummond Miller for Your Visa Application?
At Drummond Miller, we understand that securing a visa following the death of a partner is more than just a legal process - it’s about maintaining your life in the UK independently. Our dedicated team of immigration lawyers combine in-depth legal expertise with a personal approach, delivering the support, legal advice and reassurance you need throughout your visa process.
Our immigration team is recognised as Band 1 by Chambers & Partners and Top Tier by the Legal 500. David Brown is recognised in the Legal 500, in the Hall of Fame as being at the pinnacle of the profession. Janey Armstrong and Humphrey Ndubuisi are recognised as Leading Partners in the Legal 500 and Band 2 in Chambers & Partners. Sarah Jack is recognised as a Next Generation Partner in the Legal 500.
As a result, here’s what you can expect when you work with us:
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Personalised service: Your circumstances are unique, and so is your case. Our team takes the time to understand your specific situation, tailoring our legal advice and approach to suit your needs.
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Attention to detail: Our solicitors ensure your application is thorough, clear, and submitted on time.
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Comprehensive support: We guide you through every stage of the process, from gathering the right documents, to submitting your visa application, and beyond.
We're here, to get you there. For us, this means working to achieve a successful outcome, guided by a team who genuinely cares.
Experienced Immigration Lawyers
If you are navigating the immigration process following the loss of a partner, our experienced immigration team is here to support you. We understand how difficult this time can be, and we are committed to handling your application with care, discretion and expert legal guidance.
Let us support you on your immigration journey and help you protect your future in the UK with confidence and clarity.
- Call us on 0131 226 5151