Immigration Rules Appendix Bereaved Partner
Appendix Bereaved Partner
This route allows settlement where a person has, or was last granted, permission as a partner on a specified route and their partner has died.
The applicant must be in the UK, unless they were last granted permission as a partner under Appendix HM Armed Forces.
Dependent children can also apply on this route.
An alternative route for Bereaved partners of a Gurkha or Hong Kong military unit veteran discharged before 1 July 1997, is available under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.
BP 1.1. A person applying from outside the UK on the Bereaved Partner route must apply online for entry clearance on the gov.uk website on form 鈥淰AF (AF)鈥�.
- BP 1.2. A person applying in the UK on the Bereaved Partner route must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants who were last granted permission as a partner or child under Appendix HM Armed Forces, form 鈥淪ET (AF)鈥�; or
- (b) for all other bereaved partners or where a child is applying for permission on the Bereaved Partner route at the same time as their parent and who is included in their parent鈥檚 application (with the exception of children granted permission under Appendix HM Armed Forces), form 鈥淪ET(O)鈥�; or
- (c) for children in the UK who are not applying for permission on the Bereaved Partner route at the same time as their parent (with the exception of those granted permission under Appendix HM Armed Forces), form 鈥淪ET(F)鈥�.
- BP 1.3. An application on the Bereaved Partner route must meet all the following validity requirements:
- (a) any fee must have been paid (unless the applicant has been granted a fee waiver); and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
BP 1.4. An application which does not meet all the validity requirements for the Bereaved Partner route may be rejected as invalid and not considered.
BP 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal, but paragraph 9.8.4.(a) does not apply.
Entry requirements for the Bereaved Partner route
BP 3.1. Where a person is outside the UK they must apply for and obtain entry clearance on the Bereaved Partner route before they arrive in the UK.
BP 3.2. Where a person is applying for entry clearance on the Bereaved Partner route they must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Immigration status requirements for a Bereaved Partner in the UK
- BP 4.1. An applicant who is in the UK at the date of application must have, or have last been granted, permission as one of the following:
- (a) a partner under Appendix FM (except for permission as a fianc茅(e) or proposed civil partner) of a person who is a British citizen, settled in the UK or an EEA national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of Appendix EU; or
- (b) a partner of a person present and settled in the UK under paragraph 285 or 295E of Part 8 of these rules; or
- (c) a Bereaved Partner under Appendix FM; or
- (d) a partner under Appendix HM Armed Forces or Part 7 (except for permission as a fianc茅(e) or proposed civil partner), of any of the below:
- (i) a person who is a British citizen; or
- (ii) a foreign and commonwealth citizen who was serving member of HM forces; or
- (iii) a member of HM Armed forces who has applied for or been granted permission or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.
Immigration status requirements for a Bereaved Partner overseas
- BP 5.1. An applicant who is in overseas on the date of application must have, or have last been granted, permission as:
- (a) a partner under Appendix HM Armed Forces or Part 7 (except for permission as a fianc茅(e) or proposed civil partner), of one of the following:
- (i) a person who at the time of their death was a British citizen; or
- (ii) a foreign and commonwealth citizen who was at the time of their death a serving member of HM forces; or
- (iii) a member of HM Armed forces who at the time of their death had applied for, and would have been granted if they had not died, or had been granted, permission to stay or settlement as a foreign and commonwealth citizen discharged from HM Armed Forces.
- (a) a partner under Appendix HM Armed Forces or Part 7 (except for permission as a fianc茅(e) or proposed civil partner), of one of the following:
Relationship requirement for a Bereaved Partner
BP 6.1. The person who was the applicant鈥檚 partner at the time of the applicant鈥檚 last grant of permission as a partner, must have died.
BP 6.2. The applicant and their partner must have been in a genuine and subsisting relationship immediately before the partner鈥檚 death.
- BP 7.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) relationship requirement for settlement; and
- (b) care requirement; and
- (c) age and independent life requirement.
English language requirements for a child of a Bereaved Partner
BP 8.1. If the applicant is applying as a child of a bereaved partner and is aged over 18, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.
BP 8.2. The applicant must show they meet the English language requirement, or that an exemption applies, as specified in Appendix English Language.
Knowledge of life requirements for a child of a Bereaved Partner
BP 9.1. The applicant must meet the Knowledge of Life in the UK requirement, or an exemption must apply, as set out in Appendix KOL UK.
Maintenance and Accommodation requirements for a child of a Bereaved Partner
BP 10.1. Where the applicant is applying as a child, the decision maker must be satisfied that there will be adequate maintenance and accommodation for the applicant without recourse to public funds.
BP 10.2. Funds must be shown as specified in Appendix FM-SE.
BP 11.1. If the decision maker is satisfied that the suitability and relevant eligibility requirements on the Bereaved Partner route are met, the application will be granted, otherwise the application will be refused.
BP 11.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.
BP 12.1. Where the applicant is outside the UK, they will be granted entry clearance for settlement.
BP 12.2. Where the applicant is in the UK, they will be granted settlement.