UK ILR Bereaved Partner Route Explained

The bereaved partner ILR route provides a route to settlement for those whose Spouse or Partner has died while they were in the UK on a relationship visa. The standard 5-year qualifying period does not apply; the applicant can apply for ILR after the bereavement.

Eligibility

The applicant must have been in the UK on a Spouse or Partner visa (or related family visa) with a British citizen or settled partner who has died. The relationship must have been subsisting at the time of death.

Evidence required

Death certificate of the partner, marriage or civil partnership certificate, evidence of cohabitation up to the date of death, current passport, and biometric residence permit. Letters from family, friends, or professionals confirming the relationship can support the application.

Application process

SET(BP) is completed online via GOV.UK. The applicant uploads supporting evidence and books a biometric appointment. Standard processing times apply but priority service options may be available.

Children included

Children who were dependants on the previous family route can typically be included in the SET(BP) application or applied for separately. Their own evidence requirements apply.

Fees and tests

The standard ILR fee applies. The Life in the UK Test and English language requirement typically apply, unless the applicant is exempt by age or disability. Other standard ILR requirements (such as good character) also apply.

Eligibility in detail

The applicant must have been in the UK on a Spouse or Partner visa (or related family visa) with a British citizen or settled partner who has died. The relationship must have been subsisting at the time of death.

The applicant must have been in the UK at the time of the partner's death or had been resident in the UK on the relevant visa. The route is for those whose lives were genuinely in the UK with the deceased partner.

For applicants whose relationship had been on hold (such as during separation before reconciliation, or living in different cities for work), specialist legal advice can confirm whether the relationship qualifies as 'subsisting'.

For applicants whose partner died very shortly after their arrival in the UK, the route may still apply. The 5-year qualifying period does not apply; the route allows ILR after the partner's death even with short UK residence.

For applicants whose partner had been on a different visa (such as a Skilled Worker visa with the applicant as their dependant), specialist advice can identify the appropriate route. The bereaved partner route is specifically for relationships with British or settled partners; other situations may have different options.

Evidence required in detail

Death certificate of the partner: the original or a certified copy from the General Register Office (or equivalent). The death certificate confirms the date of death and the relationship to the applicant if specified.

Marriage or civil partnership certificate: confirming the legal relationship. For unmarried partners on the Partner route, evidence of the partnership including cohabitation and other indicators of the relationship.

Evidence of cohabitation up to the date of death: utility bills addressed to both partners; joint bank statements; tenancy agreements or property documents showing joint occupation. The evidence demonstrates that the relationship was subsisting at the time of death.

Current passport and biometric residence permit: showing the applicant's identity and current immigration status.

Letters from family, friends, or professionals confirming the relationship can support the application. The supporting statements provide additional context about the genuineness of the relationship; they are particularly helpful where documentary evidence of the relationship is limited.

Application process in detail

SET(BP) is completed online via GOV.UK. The applicant uploads supporting evidence and books a biometric appointment. The form structure includes sections on the partnership, the partner's death, and the applicant's circumstances.

Standard processing times apply. The Home Office's processing of SET(BP) applications follows the standard ILR processing framework; priority service may be available depending on the route.

The fee for SET(BP) is the standard ILR fee (GBP 3,029 in April 2024). For applicants in financial difficulty after the partner's death, fee waivers may be available; the criteria are strict.

For applicants needing emotional support during the application process, bereavement support services (such as Cruse Bereavement Support) can provide assistance alongside the immigration application. The immigration process is one aspect of the wider bereavement experience.

Specialist immigration legal advice for SET(BP) applications can be valuable, particularly where the relationship evidence is limited or where the partner died unexpectedly without time to prepare the documentation.

Children included in detail

Children who were dependants on the previous family route can typically be included in the SET(BP) application or applied for separately. The children's own evidence requirements apply.

For children who were British citizens at birth (such as children born in the UK to a British or settled parent), no separate ILR application is needed; the children are already British.

For children who were on dependant visas, the SET(BP) application can include them as dependants. The application form has sections for adding dependants.

For children whose other parent (now the surviving applicant) is the SET(BP) applicant, the children's path follows the parent. If the parent is granted ILR, the children typically receive ILR alongside.

For children whose surviving parent has limited financial resources, the family's overall financial situation matters. Combined fee burden for parent + multiple children + any other dependants can be substantial; fee waiver applications may be relevant for genuinely destitute families.

Fees and tests in detail

The standard ILR fee applies. The fee waiver process may be available for applicants in financial difficulty; the criteria require demonstration of destitution and the specific application form for fee waiver.

The Life in the UK Test and English language requirement typically apply, unless the applicant is exempt by age or disability. Bereaved partner applicants typically need to meet these standard requirements; the specific situation does not exempt them.

Other standard ILR requirements (such as good character) also apply. The applicant's own conduct during the qualifying period is assessed; the partner's death does not change the standard requirements.

For applicants who had been preparing for ILR through the standard 5-year route when the partner died, the tests and language preparation already in place can support the SET(BP) application. Pass certificates from earlier visa applications may still be valid.

For applicants whose partner's death was very recent and who have not had time to prepare for the tests, the application can be delayed while preparing. The 'no recourse to public funds' restriction (if it applied during the visa period) may end depending on the specific situation; specialist legal advice can confirm.

Documentary evidence and supporting the bereaved partner case

The SET(BP) application requires specific documentary evidence to establish the qualifying relationship and the partner's death. Core documents: original death certificate of the partner; marriage or civil partnership certificate (or evidence of unmarried partner relationship); current passport; biometric residence permit; evidence of cohabitation up to the date of death.

Cohabitation evidence is particularly important and should span the relevant period before death. Typical evidence: utility bills addressed to both partners; joint bank statements; tenancy agreements or mortgage documents showing joint occupation; council tax records; correspondence addressed to both partners at the joint address.

For unmarried partners on the Partner visa, the evidence requirements are typically more substantial because the partnership relies on cohabitation rather than formal marriage. The Home Office assesses whether the relationship was 'subsisting' at the time of death.

For applicants whose partner died unexpectedly, the documentation may be limited. The application should explain the circumstances; specialist legal advice can support cases where evidence is fragmented or where the relationship's status was complicated at the time of death.

The practical takeaway: gather comprehensive cohabitation evidence; the partner's death certificate is essential; specialist legal advice for cases with limited documentation or complex relationship history.

Disclaimer

This article provides general information based on rules and figures published by UK government and regulator sources as of May 2026. It is not personal financial, legal, immigration or tax advice. Rules, fees and figures change and individual circumstances vary. Readers should check primary sources or consult a qualified, regulated adviser before acting on any information here.

Frequently asked questions

Does the applicant need to remain in the UK after the partner's death?

Yes. The application is made from inside the UK and the applicant must be present during the decision process. For applicants who travel abroad for funeral or other family matters during the application, the application may be treated as withdrawn; specialist advice on travel during the application is essential.

Is there a time limit for applying after bereavement?

There is no fixed time limit, but the applicant must hold lawful leave at the time of application. Applying promptly after bereavement is advisable to avoid lapses in leave. Section 3C leave may apply during a pending application; without an in-time application, the applicant could fall out of lawful leave.

Are unmarried partners eligible?

Unmarried partners on the Partner route may qualify under the same provisions, subject to evidence of the qualifying relationship at the time of death. The Partner visa requires cohabitation for at least 2 years before the visa application; the SET(BP) route extends to those who were on this visa basis.

What happens to dependent children after the parent's death?

Children typically follow the surviving parent's application. Specialist legal advice can address complex family situations. For children born in the UK to a British parent (now deceased), the children are typically British at birth and do not need a separate ILR application.

Is there support available for the application?

Specialist immigration legal advice is typically essential. Bereavement support organisations can also provide non-legal support and may signpost to legal help. The combined practical, emotional, and legal challenges after a partner's death can be substantial; multiple support services can help.

Can the SET(BP) application be made if the partner died shortly before ILR would have been granted on the 5-year route?

Yes. The SET(BP) route applies regardless of whether the applicant was approaching the 5-year qualifying date. For applicants very close to the 5-year point, specialist legal advice can identify whether SET(BP) or the standard route is more appropriate; sometimes the standard route may be straightforward enough that it remains the better choice.

Does the route apply if the partner died abroad?

The route can apply if the applicant was in the UK on the relevant family visa at the time of the partner's death, regardless of where the partner died. The geographical location of the death is less important than the applicant's UK residence under the qualifying visa.

Frequently asked questions

Does the applicant need to remain in the UK after the partner's death?

Yes. The application is made from inside the UK and the applicant must be present during the decision process. For applicants who travel abroad for funeral or other family matters during the application, the application may be treated as withdrawn; specialist advice on travel during the application is essential.

Is there a time limit for applying after bereavement?

There is no fixed time limit, but the applicant must hold lawful leave at the time of application. Applying promptly after bereavement is advisable to avoid lapses in leave. Section 3C leave may apply during a pending application; without an in-time application, the applicant could fall out of lawful leave.

Are unmarried partners eligible?

Unmarried partners on the Partner route may qualify under the same provisions, subject to evidence of the qualifying relationship at the time of death. The Partner visa requires cohabitation for at least 2 years before the visa application; the SET(BP) route extends to those who were on this visa basis.

What happens to dependent children after the parent's death?

Children typically follow the surviving parent's application. Specialist legal advice can address complex family situations. For children born in the UK to a British parent (now deceased), the children are typically British at birth and do not need a separate ILR application.

Is there support available for the application?

Specialist immigration legal advice is typically essential. Bereavement support organisations can also provide non-legal support and may signpost to legal help. The combined practical, emotional, and legal challenges after a partner's death can be substantial; multiple support services can help.

Can the SET(BP) application be made if the partner died shortly before ILR would have been granted on the 5-year route?

Yes. The SET(BP) route applies regardless of whether the applicant was approaching the 5-year qualifying date. For applicants very close to the 5-year point, specialist legal advice can identify whether SET(BP) or the standard route is more appropriate; sometimes the standard route may be straightforward enough that it remains the better choice.

Does the route apply if the partner died abroad?

The route can apply if the applicant was in the UK on the relevant family visa at the time of the partner's death, regardless of where the partner died. The geographical location of the death is less important than the applicant's UK residence under the qualifying visa.