Table Of Contents:
- What is the Appendix Bereaved Partner Visa Route
- Appendix Bereaved Partner Visa Validity Requirements
- Appendix Bereaved Partner Visa Suitability Requirements
- Appendix Bereaved Partner Visa Eligibility Requirements
- Eligibility Requirements for Bereaved Partners Who Were Last Granted Permission
- Appendix Bereaved Partner Visa Eligibility Requirements for Dependent Child
- Processing Time and Decision on an Application for Settlement on the Bereaved Partner Visa Route
- Conclusion
The UK bereaved partner visa route allows an individual to apply for settlement (indefinite leave to remain) if their UK partner has died, who, at the time of their death, was either a British citizen or had settled status in the UK. The applicant must have, or have had, last been granted permission as a partner on a specified route. Applicant, at the time of application for settlement on the bereaved partner visa route, must be in the UK unless he or she received permission as a partner under Appendix HM Armed Forces.
What is the Appendix Bereaved Partner Visa Route?
Bereaved partner visa is for those who currently have, or got permission as a spouse, civil partner, or unmarried partner, and whose UK partner had died. Their partner must have been a British citizen or with settled status in the UK at the time of their death. This visa route allows such bereaved partners to apply for settlement immediately after the death of their UK partner, rather than having to wait to complete the continuous residence requirement for a specified number of years.
Anyone with permission as fiancé (e) and proposed civil partners cannot apply for this visa. Dependent children can also apply for ILR on the bereaved partner visa route.
You cannot apply for the Bereaved Partner visa route if you are in the UK under the points-based system or as an EEA national. In these circumstances, different rules and regulations apply.
Appendix Bereaved Partner Visa Validity Requirements
To meet the validity requirements for the bereaved partner visa, an applicant must:
- Apply on the form SET(O). A child applying separately from their parent must apply on the form SET(F).
- Pay the application fee (unless a fee waiver applies).
- Provide any required biometrics.
- Establish their identity and nationality by providing their passport or other valid document.
Appendix Bereaved Partner Visa Suitability Requirements
The applicant must not fall for refusal under Immigration Rules Part 9: grounds for refusal. However, paragraph 9.8.4. (a) does not apply.
Appendix Bereaved Partner Visa Eligibility Requirements
If you want to apply for settlement as a bereaved partner, you need to meet the relationship requirement. Ans you also need to meet the status requirement.
A dependent child of a bereaved partner also needs to meet relationship requirements, care requirements, age and independent life requirements, English language requirements (unless an exemption applies), Knowledge of Life in the UK requirements (unless an exemption applies), and maintenance and accommodation requirements.
Let us see the eligibility requirements for bereaved partners first.
1.Immigration Status Requirements
Under the Appendix Bereave Partner to the Immigration Rules UK, you must have, or have last been granted, permission in the UK as one of the following:
- A spouse/civil partner/unmarried partner under Appendix FM (except as a fiancé (e) or
proposed civil partner) of someone who is one of the following:
o A British citizen
o Settled in the UK
o An EEA national in the UK with limited leave to enter or remain granted under Appendix EU; - A partner of a person present and settled in the UK;
- A bereaved partner under Appendix FM.
2. Relationship Requirements
Under the Appendix Bereaved Partner to the Immigration Rules, both conditions must be true:
- The person who was your partner at the time you got the permission must have
died. - Immediately before your partner’s death you and your partner must have been living together
in the UK. And your relationship must have been genuine and subsisting at that time.
If you do not meet the eligibility requirements, the Home Office should grant your indefinite leave to remain on the basis of your partner’s death certificate.
Other than these two requirements, you must be in the UK at the time of application (unless you were last granted permission as a partner under Appendix HM Armed Forces).
Eligibility Requirements for Bereaved Partners Who Were Last Granted Permission as a Partner under Appendix HM Armed Forces
If a bereaved partner of a person who served as a member of the HM armed forces is outside the UK, they need to apply for entry clearance first. They may also need to meet the TB (Tuberculosis) test requirement. Other than that, meeting immigration status and relationship requirements is mandatory.
1. Entry Clearance
If you are outside the UK, you must apply for and obtain entry clearance on the Bereaved Partner visa route before you arrive in the UK.
2. Tuberculosis Test Requirement
If you are applying for entry clearance on the Bereaved Partner route and Appendix Tuberculosis applies, you must submit a valid medical certificate. The certificate must confirm that you have undergone screening for pulmonary Tuberculosis and that this tuberculosis is not present in your body.
3. Immigration Status Requirements
If you are outside the UK on the date of application, you must have, or have last been granted permission as a partner under Appendix HM Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of one of the following:
- A person who was a British citizen at the time of their death; or
- A foreign and commonwealth citizen who was a serving member of HM Armed Forces at the time of their death; or
- A member of HM Armed Forces who, at the time of their death, had applied for, and if they had not died they would have been granted, or had been granted, permission to stay or settlement at the time of their death as a foreign and commonwealth citizen discharged from HM Armed Forces.
On the other hand, if you are in the UK on the date of application, you must have, or have last been granted permission as a partner under Appendix HM Armed Forces or Part 7 (except for permission as a fiancé(e) or proposed civil partner), of one of the following:
- A British citizen; or
- A foreign and Commonwealth citizen who was a serving member of HM Armed Forces; or
- A member of HM Armed Forces who has applied for or been granted permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.
4. Relationship Requirements
Under the Appendix Bereaved Partner to the Immigration Rules, both conditions must be true:
- Your partner (at the time you were last granted permission) must have died.
- Immediately before your partner’s death, you and your partner were in a genuine and subsisting relationship.
Appendix Bereaved Partner Visa Eligibility Requirements for Dependent Child
Your child / children may qualify for ILR as a Dependent Child on a Bereaved Partner visa route if all of the following are true:
- They have, based on being your partner’s dependant, permission to be in the UK;
- They were under 18 at the time they got this permission;
- They will live in the UK with you;
- They will be adequately accommodated and maintained in the UK without using public funds;
- They are not married or in a civil partnership.
If your child is over 18 when they apply for settlement, they will need to pass the Life in the UK test. They also must demonstrate knowledge of the English language (speaking and listening) to at least CEFR Level B1.
Processing Time and Decision on an Application for Settlement on the Bereaved Partner Visa Route
You should usually get a decision on your Bereaved Partner ILR applications within 6 months. If your application is approved, you will be granted indefinite leave to remain in the UK. In case you are outside the UK and your application is approved, you will be granted entry clearance for settlement. If the application is refused, you can apply for an Administrative Review.
Conclusion
Appendix Bereaved Partner Visa route allows spouses/civil partners/unmarried partners of persons who at the time of their death were a British citizen or had settled status in the UK to apply for settlement. They don’t need to wait for 5 years of continuous residence. They can apply for settlement immediately after their partner’s death. Dependent children can also apply for ILR on this route.
If you are granted settlement in the UK, you can live, work, and study in the UK without any time or immigration restrictions.
You may also be eligible to naturalize as a British citizen after having held ILR status for 12 months.
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