Prior to 31 January 2024, Section BPILR: Indefinite leave to remain (settlement) as a Bereaved Partner of Appendix FM, allowed for an application for ILR as a Bereaved Partner to be made where an applicant had lost their partner before they had settled in the UK.
On 31 January 2024, Appendix Bereaved Partner was introduced into the Immigration Rules. This new Appendix makes provisions for a dependent child of a Bereaved Partner and applies the general grounds for refusal in Part 9 of the Immigration Rules to the route.
Bereaved Partner ILR: Statement of Changes to the Immigration Rules (HC246)
In a recent Statement of changes to the Immigration Rules: HC 246, published 07 December 2023, the Home Office announced the amendments to Appendix FM and the introduction of Appendix Bereaved Partner.
On 31 January 2024, the relevant changes relating to bereaved partners found in the Statement of Changes (HC 246) were implemented and the new Appendix introduced. Paragraph 2.2 of the Explanatory Memorandum to Statement of Changes to the Immigration Rules (HC246) outlines the reasons for the change:
"Three new Appendices to the Rules have also been introduced: Appendix Bereaved Partner and Appendix Statelessness which replace existing provisions and Appendix Victims of Domestic Abuse which introduces an out of country settlement route for victims of transnational marriage abandonment."
This continues at Paragraph 7.15:
"Appendix Bereaved Partner replaces existing provisions for Bereaved Partners and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules. It does not include provisions for Bereaved Partners of Gurkhas or Hong Kong Veterans discharged before 1 July 1997 who are included in Appendix Gurkhas and Hong Kong military unit veterans discharged before 1 July 1997."
The relevant Immigration Rules are now contained in Appendix Bereaved Partner.
The Bereaved Partner route allows indefinite leave to remain, also known as settlement, where a person has, or was last granted, permission as a partner on a specified route and their partner has died.
An alternative route for bereaved partners of a Gurkha or Hong Kong military unit veteran discharged before 1 July 1997 is available under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.
This article explores the new Appendix Bereaved Partner. Further information about applying for ILR as a Bereaved Partner can be found here. Each case will vary and will depend on the personal circumstances of the individual applying. You may wish to seek expert advice before making an application.
Making a Valid Application for ILR as a Bereaved Partner
In accordance with paragraphs BP 1.1. and BP 1.4. and to avoid an invalid application you must apply using the specified form: from outside the UK and if you were last granted permission as a partner under Appendix Armed Forces this is VAF (AF) and from inside the UK this is either SET(AF), SET(O) or SET(F).
You must have paid the relevant fee, provided biometric information and provided a passport or other document which satisfactorily establishes your identity and nationality.
An application for ILR as a Bereaved Partner can be made any time after a partner passes away. It is not necessary to wait until any current visa expires. There is no requirement for you to have leave at the time of applying but it is important to make an application as early as practical and possible.
What Are the Eligibility Requirements for Indefinite Leave as a Bereaved Partner?
Immigration Status Requirement
You will need to demonstrate the immigration status requirement is met. This applies whether the Bereaved Partner Visa application is made from inside or outside of the UK (BP 4.1. and BP 5.1.).
In order to qualify for settlement on the Bereaved Partner route, you will need to show that your permission to be in the UK must be, or have last been, based on you being a partner holding a spouse, civil partner or unmarried family visa (Appendix FM, Paragraphs 285 or 295E of Part 8 or Bereaved Partner under Appendix FM).
Your partner must, at the time of their death, have either:
- Been a British citizen;
- Settled in the UK; or
- Been from the EU, Switzerland, Norway, Iceland or Liechtenstein and have held pre-settled status.
If you apply relying on your permission as a partner under Appendix Armed Forces or Part 7 of the Immigration Rules, your partner must, at the time of their death, have either:
- Been a British citizen;
- A foreign and commonwealth citizen who was a serving member of HM forces; or
- A member of HM Armed forces who had applied for, and would have been granted if they had not died, or had been granted, permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.
It is important to note that if applying for entry clearance on the Bereaved Partner route you will need to show you hold, or last held, permission as a spouse, civil partner or unmarried partner under Appendix Armed Forces or Part 7 of the Immigration Rules.
Your partner must, at the time of their death, have either:
- Been a British citizen;
- A foreign and commonwealth citizen who was a serving member of HM forces; or
- A member of HM Armed forces who had applied for, and would have been granted if they had not died, or had been granted, permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.
You will need to apply for and obtain entry clearance on this route before arriving. If Appendix Tuberculosis (TB) applies, you must provide a valid medical certificate confirming that you have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present (BP 3.1. and BP 3.2.).
Relationship Requirement
An application for indefinite leave to remain as a Bereaved Partner will need to meet the relationship requirement. In accordance with Paragraph BP 6.1. the person who was your partner at the time of the your last grant of permission as a partner, must have died and in accordance with Paragraph BP 6.2. you and your partner must have been in a genuine and subsisting relationship immediately before your partner's death.
Evidence and Documentation
You will need to provide evidence in support of your application for ILR as a Bereaved Partner. Evidence will need to include a death certificate, proof of your relationship, for example, a certificate of marriage or civil partnership and proof that your relationship was genuine and subsisting.
The 'indefinite leave to remain if your partner dies' page of the government website sets out the evidence a caseworker will expect to see. You should provide evidence that at the date your partner died you were living together in the UK, not living permanently in another country and you intended to live together permanently in the UK.
The evidence may therefore vary and is case specific. You may wish to seek legal advice when considering the evidence you may need to rely upon and how best to present your case.
What Suitability Requirements Apply to a Bereaved Partner ILR Visa Application?
You must not fall for refusal under Part 9: grounds for refusal (BP 2.1.). Paragraph 9.8.4.(a) does not apply as it relates to overstaying permission.
What If I Hold Another Form of Leave?
Unfortunately, if you hold, or last held, permission as a fiancé(e) or proposed civil partner then you will not qualify for indefinite leave to remain as a Bereaved Partner. Further, the Bereaved Partner route is not available to those present, for example, under the points based system. Different rules will apply in those circumstances and you may wish to seek legal advice as to your position before considering making an application.
Period of Grant as a Bereaved Partner
If you are outside the UK, you will be granted entry clearance for settlement (BP 12.1.). If you are inside the UK you will be granted settlement (BP 12.2.).
We explored frequently asked questions relating to ILR in this earlier post.
Can I Apply for my Bereaved Child?
This is set out in Paragraphs BP 7.1. To BP 10.2.
In accordance with BP 7.1.:
"The applicant must meet the following requirements for a dependent child in Appendix Children:
(a) relationship requirement for settlement; and
(b) care requirement; and
(c) age and independent life requirement."
If applying as a child and the child is aged 18, they must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1, or an exemption applies. They must also meet the Knowledge of Life in the UK requirement, or an exemption must apply, as set out in Appendix KOL UK.
The English language and Life in the UK requirement does not apply to the main applicant, applying for settlement as the bereaved partner.
If applying as a child, the child will need to show that they will be adequately maintained and accommodated without recourse to public funds. The applicable evidence to show funds is set out in Appendix FM-SE to the Immigration Rules.
What Happens if My Bereaved Partner ILR Application is Refused?
If an application for ILR as a Bereaved Partner is refused you may consider an application for an Administrative Review of the decision under Appendix AR: Administrative Review (BP 11.2.).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
