The £2,404 immigration settlement application fee for those who have lost their partner could impact 2.9 million non-UK nationals in the UK, causing financial burden during a time of grief. Based on data from the Office for National Statistics.
Indefinite leave to remain is how foreign nationals settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study for as long as you like, and apply for benefits if you’re eligible.
But, if the right to live in the UK depended on a relationship with someone who has died you might need to apply for a new visa.
According to the latest data from the Office for National Statistics, there were an estimated 2.9 million non-UK nationals living in the UK as partners of British citizens (or those who had indefinite leave to remain) and although this figure is an estimate, it gives an indication of the number of people who may have to apply for settlement if their partner dies.
To be eligible for settlement in the UK, permission to reside must be based on a relationship. A family visa must have been obtained before the partner’s passing, and both partners must have lived together permanently in the UK with the intention to continue doing so. The partner must not have been living permanently in another country.
Language proficiency tests and the Life in the UK Test are not required.
Applicants can apply for settlement any time after their partner’s death without waiting for their current visa to expire, with an application fee of £2,404. If approved, applicants can work, study, use public services, apply for benefits, pensions, and citizenship. However, staying outside the UK for more than 2 years may result in loss of indefinite leave to remain, requiring re-application
The death of a partner is an immensely challenging experience, but it’s crucial to understand your rights and options. If you think you may be eligible for settlement, go to an immigration specialist who can guide you through the application process.