Indefinite leave to remain if your partner dies

Skip to contents of guide

Applying for your children

Your children may be eligible to get settlement (indefinite leave to remain in the UK) at the same time as you.

You can include your children as ‘dependants’ on your application form if all the following are true:

  • they have permission to be in the UK based on being your partner’s dependant
  • they were under 18 when this permission was given - it does not matter if they’ve turned 18 since
  • they’re going to live with you in the UK
  • they’ll have somewhere to live and be financially supported without using public funds
  • they’re not married or in a civil partnership

If your children do not meet these conditions, they may still be able to apply separately. Find out if they can apply to settle in the UK.

Your child’s application can be refused, for example if they’ve broken UK immigration law. Read the guidance on why applications can be refused.

Documents you must provide for your children

For each child you include on your application form, you must provide:

  • a current passport or other valid travel identification
  • a birth certificate if they were born in the UK
  • their biometric residence permit, if they have one
  • proof they live permanently with you, for example letters from your child’s school or doctor
View a printable version of the whole guide

Part of What to do when someone dies: step by step

  1. Step 1 Register the death

    1. Register the death within 5 days

    Check what to do if:

  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

    1. Arrange the funeral
    2. Get help paying for a funeral
    3. Get help paying for a child's funeral

  4. Step 4 Check if you can get bereavement benefits

    You might be eligible for financial help.

    Check if you can get:

  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

    If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

    Check the rules if:

    1. Contact UKVI to check the rules for other visas

  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