Indefinite leave to remain if your partner dies

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Overview and fees

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.

Fees

The application fee is £2,885.

You also need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.

If family members are applying for settlement at the same time as you, you’ll need to pay the application fee for each of them. They’ll also need to have their biometric information taken.

If you cannot pay the fee

You and your family members do not have to pay the fee if you can each provide evidence of one of the following:

  • you do not have a place to live and cannot afford one
  • you have a place to live but cannot afford essential living costs like food or heating
  • you have a very low income and paying the fee would harm your child’s wellbeing

Evidence can include bank statements, payslips and utility bills.

You may be able to use the same evidence for multiple applicants if you’re applying at the same time.

If your application is approved

You can do the following:

  • work
  • run a business
  • study
  • use public services, such as healthcare and schools
  • apply for public funds (benefits) and pensions
  • apply for British citizenship, usually after a minimum of 12 months

If you stay outside of the UK for more than 2 years

You can lose your indefinite leave to remain if you stay outside the UK for more than 2 years at a time. You may need to apply before you can return to the UK.

  1. Step 1 Register the death

  2. Step 2 Tell government about the death

    The Tell Us Once service allows you to inform all the relevant government departments when someone dies.

    1. Use the Tell Us Once service to tell government
    2. If you cannot use Tell Us Once, tell government yourself

    You'll also need to tell banks, utility companies, and landlords or housing associations yourself.

  3. Step 3 Arrange the funeral

  4. Step 4 Check if you can get bereavement benefits

  5. and Deal with your own benefits, pension and taxes

    Your tax, benefit claims and pension might change depending on your relationship with the person who died.

    1. Manage your tax, pensions and benefits if your partner has died
    2. Check how benefits are affected if a child dies
  6. and Find bereavement support and services

    Get help with managing grief and the things you need to do when someone dies.

    1. Find bereavement help and support
    2. Find bereavement services from your local council
  7. and Check if you need to apply to stay in the UK

  8. Step 5 Value the estate and check if you need to pay Inheritance Tax

    To find out if there’s Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the ‘estate’) of the person who died.

    1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
    1. Find out how to report the value of the estate
    1. Pay Inheritance Tax if it’s due
  9. Step 6 Apply for probate

    You might need to apply for probate before you can deal with the property, money and possessions (the ‘estate’) of the person who died.

    1. Check if you need to apply for probate
    1. Apply for probate
  10. Step 7 Deal with the estate

    Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.

    1. Deal with the estate
    1. Update property records