UK Explains How Migrants Can Stay Permanently After Spouse’s Death

UK Explains How Migrants Can Stay Permanently After Spouse’s Death

  • The UK government published official guidelines detailing how foreigners on family visas can apply for Indefinite Leave to Remain after their partner's death
  • Eligible applicants can submit settlement applications at any time after bereavement without waiting for their current visa to expire, the guidelines stated
  • The standard application fee stands at £3,225, though the government outlined fee waiver options for those facing financial hardship

The United Kingdom government has published official guidance explaining how foreign nationals living in the country can secure permanent residency following the death of their British or settled partner.

According to the guidance published on the UK Government portal, foreigners holding a family visa are entitled to apply for Indefinite Leave to Remain (ILR), a form of settlement that grants the right to live, work, and study in the UK without restriction.

Indefinite Leave to Remain, UK family visa guidelines, ILR application after bereavement, settlement applications UK, foreign nationals UK residency, application fee waiver UK, permanent residency eligibility, Home Office immigration rules
The UK, under Prime Minister Keir Starmer, lists how foreigners on family visas can apply for Indefinite Leave to Remain after their partner's death Photo credit: FG Trade, Pool. Getty Images
Source: Getty Images

The policy is particularly relevant to the Nigerian diaspora and other migrant communities, many of whom may be uncertain about their legal standing after losing a spouse.

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Who qualifies for ILR after bereavement?

To be eligible, an applicant's permission to remain in the UK must have been based on their relationship with the deceased under a family visa.

The partner who passed away must have been a British citizen, held ILR themselves, or been an EU, Swiss, Norwegian, Icelandic, or Liechtenstein national with pre-settled status at the time of their death. UK immigration rules recognise a partner as a spouse, civil partner, or someone in a relationship equivalent to marriage or civil partnership.

Crucially, the Home Office confirmed that eligible applicants are not required to wait until their existing visa expires before submitting their application. They may apply at any point after their partner's death, provided they are physically present in the UK.

Fees, waivers, and conditions in UK

The standard ILR application fee is £3,225 per person, with the same charge applying to any dependent family members, such as children, applying at the same time. No additional fee is levied for submitting biometric information.

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For those experiencing financial difficulty, the government offers a fee waiver.

Applicants may qualify if they cannot afford accommodation, are unable to cover basic living expenses such as food or heating, or earn a very low income to the extent that paying the fee would harm the wellbeing of a child in their care.

Supporting documents including recent bank statements, payslips, and utility bills are required as evidence.

Once ILR is granted, beneficiaries gain access to public services including the National Health Service and schools, and become eligible to apply for public funds. They may also apply for British citizenship after holding ILR for a minimum of 12 months.

Protecting permanent residency status in the UK

The UK government cautioned that ILR is not unconditional. Individuals who remain outside the United Kingdom for more than two consecutive years risk losing their permanent residency status entirely.

UK publishes Skilled Worker visa fees

Earlier, YEN.com.gh reported that the UK released a breakdown of the fees required to apply for a Skilled Worker visa.

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The government explained that the total cost depends on where an applicant is applying from and the length of the visa being sought.

The information, published on the UK government website, shows that applicants may pay anywhere between £819 and £1,865 in application fees alone.

Source: YEN.com.gh

Authors:
Philip Boateng Kessie avatar

Philip Boateng Kessie (Head of Human Interest Desk) Philip Boateng Kessie is the Head of the Diaspora Affairs Desk at YEN.com.gh, where he has worked since 2022. He has over eight years of journalism experience and holds a bachelor's degree in Communication Studies from the University of Cape Coast. Philip previously served as Head of the Human Interest Desk at YEN.com.gh and has also worked as a reporter for Graphic Communications Group Limited (GCGL) and a content writer for Scooper News. He also holds certificates in Advanced Digital Reporting and Fighting Misinformation. Email: philip.kessie@yen.com.gh