Lost Your Spouse in the UK? Here’s How You Can Stay After a Bereavement

 What Happens if Your Spouse Passes Away While You're in the UK on a Family Settlement Visa?

Losing a spouse is one of the most painful experiences anyone can go through. If you're living in the UK on a Family Settlement Visa, and your spouse passes away, the emotional toll can be overwhelming. On top of dealing with your grief, you may also be left with concerns about your right to remain in the UK, especially if your visa was based on your relationship.

So, what are your options if you're in the UK on a Spouse or Unmarried Partner Visa and find yourself in this difficult situation? Here’s a guide to help you understand what you can do next.

Can You Stay in the UK After the Death of Your Spouse?

If you came to the UK on a Spouse Visa or Unmarried Partner Visa, you do not have to leave the UK immediately after your spouse passes away. The UK’s immigration rules allow you to stay if your relationship was ongoing at the time of your partner’s death, even if the visa was granted based on that relationship.

To stay, you would apply for Indefinite Leave to Remain (ILR) under the bereavement concession. This is not a "widow or widower visa," but an application for permanent settlement in the UK.

The key criteria for this application are simple:

  1. Your relationship must have been genuine and ongoing at the time of your spouse’s death. This means you were not separated.
  2. Your spouse must have had settled status in the UK—either as a British citizen or someone with Indefinite Leave to Remain or Settled Status under the EU Settlement Scheme.

What Happens if You Are on a Different Type of Visa?

Unfortunately, if you are on a visa like a Fiancé Visa, Proposed Civil Partner Visa, or a dependent visa tied to a Skilled Worker, Business, or Student Visa holder, you do not qualify for the bereavement concession.

In such cases, it's highly recommended to consult an immigration solicitor to explore alternative visa options.

What is the Application Process for ILR?

If you are eligible, you can apply for Indefinite Leave to Remain. This means that you are not bound by the usual five-year residence requirement. The primary focus is that your relationship was active and genuine at the time of your spouse’s death.

The Home Office will assess your application, and it’s important to ensure all necessary documents are in place. These might include:

  • Proof of your spouse's death
  • Evidence of your relationship, such as photographs, joint financial documents, and any other records that prove your relationship was ongoing.

If you have children who are also on dependent visas, they may be able to apply as part of your settlement application.

When Should You Apply?

It’s understandable that your first priority after such a loss is to mourn. However, it’s advisable to start the application process sooner rather than later. Waiting too long can complicate things, especially if your visa expires or you face challenges when trying to rent a home or work.

You can apply for ILR while your Family Visa is still valid, or even after it expires. The key is ensuring that you make the application as soon as possible to avoid any issues with your immigration status.

Getting Help with the Application

Navigating the ILR application after a bereavement can be daunting, but you don't have to go through it alone. Immigration solicitors can guide you through the process, ensuring that you have the right documents and meet all eligibility requirements.

If you are in this difficult position, speak to an immigration solicitor about your options. They can help you through the legal process, making sure your application is handled smoothly, so you can focus on healing.

Losing a spouse while living abroad is a tragic and challenging experience. However, understanding your rights and knowing that there are pathways for you to stay in the UK can provide some peace of mind during an incredibly difficult time.

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