Apply to settle in the UK if your partner dies
Indefinite leave to remain if your partner dies
You may be eligible to apply for settlement (indefinite leave to remain in the UK) if your partner has died. Your partner must have either:
- been a British citizen
- had indefinite leave to remain in the UK
- been from the EU, Switzerland, Norway, Iceland or Liechtenstein and had pre-settled status
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
Your permission to be in the UK must have been based on being their partner as part of a family visa. A ‘partner’ is one of the following:
- your spouse (husband or wife)
- your civil partner
- someone you were living with in a relationship that’s like a marriage or civil partnership
When to apply
You can apply any time after your partner’s death. You do not have to wait until your current visa expires.
You must be in the UK when you apply.
Fiancé visa or UK marriage visa
The Fiance visa is for eligible couples who are planning to get married or enter into a civil partnership before applying for a Spouse visa.
If you’re applying as a fiancé, fiancée or proposed civil partner
You must prove that:
- any previous marriages or civil partnerships have ended
- you plan to marry or become civil partners within 6 months of arriving in the UK
You will not be able to work or study during your engagement.
You’ll need to apply for permission to extend your stay in the UK when you marry or enter into a civil partnership. If your application is approved, you’ll have the right to work or study in the UK.
How long can you stay in the UK on a Fiance Visa
A Fiance Visa will allow you to stay in the UK for an initial period of 6 months to get married or enter into a civil partnership. Once you are married, you will be able to apply for a Spouse Visa, which will last for up to 30 months. This can then be extended for a further 30 months. You must be in the same eligible relationship with your UK based partner, and you must apply before your current visa expires.
Indefinite leave to remain or enter (domestic violence or abuse)
You may be able to apply for permission to settle in the UK permanently if your relationship has broken down because of domestic violence or abuse.
Domestic violence and abuse can be emotional, psychological, physical, sexual or financial. It includes threatening or controlling behaviour to try to harm, isolate or frighten someone.
Permission to settle in the UK is sometimes called ‘settlement’, ‘indefinite leave to remain’ or ‘indefinite leave to enter’.
Permission to settle gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
Check if you’re eligible.
You must tell the Home Office if you separate from your partner and your visa is based on that relationship.
When to apply
Apply for permission to settle in the UK as soon as possible after the relationship breaks down.
If you have a current visa, do not wait for it to expire.
You can apply to settle from inside the UK or apply to settle from outside the UK.
You may be eligible for or have rights in any of the above categories depending on your visa status or circumstances.
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