Immigration Rules
Immigration Rules: Immigration Rules Appendix Bereaved Partner
gov.uk change note: Changes made in line with Statement of Changes HC 1691.
Headline
The Bereaved Partner route has been restructured with all validity requirements, immigration status requirements, and several other eligibility criteria reformatted from paragraph text to bullet points, with no substantive policy changes.
Changes in detail
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BP 1.2 and BP 1.3 — Validity requirements for in-UK applications converted from paragraph format to bullet-point format. The content remains identical: form requirements (SET(AF), SET(O), SET(F)) and validity requirements (fee payment, biometrics, identity documents) unchanged.
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BP 4.1 — Immigration status requirements for bereaved partners in the UK converted from paragraph format to bullet-point format. All eligible immigration statuses remain the same: partner under Appendix FM, partner under legacy rules, bereaved partner under Appendix FM, and partner under HM Armed Forces provisions.
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BP 5.1 — Immigration status requirements for bereaved partners overseas converted from paragraph format to bullet-point format. Eligibility criteria for HM Armed Forces partners unchanged.
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BP 7.1 — Requirements for dependent children converted from paragraph format to bullet-point format. The three requirements (relationship, care, and age/independent life) remain identical.
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BP 8.1 — English language requirements for children converted from paragraph format to bullet-point format. B1 level requirement before 26 March 2027 and B2 level requirement from 26 March 2027 onwards remain unchanged.
Practical implications
No action required by practitioners. This is a formatting change only that does not alter any eligibility criteria, evidential requirements, forms to be used, or decision-making processes. All existing case strategies and advice remain valid.
Administrative changes
- Multiple instances of additional blank lines added throughout the document
- Conversion of numbered sub-paragraphs (a), (b), (c) etc. to bullet-point format using dashes
- No changes to paragraph numbering, headings, or substantive content
Diff
@@ -1,12 +1,15 @@ 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. @@ -14,40 +17,40 @@ ## Validity requirements for the Bereaved Partner route + 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 “VAF (AF)”. - - - -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 “SET (AF)”; 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’s application (with the exception of children granted permission under Appendix HM Armed Forces), form “SET(O)”; 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 “SET(F)”. - - - - - - - - - -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 1.2. 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 “SET (AF)”; 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’s application (with the exception of children granted permission under Appendix HM Armed Forces), form “SET(O)”; 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 “SET(F)”. + + + + + + + + +- 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. + + + + @@ -58,6 +61,7 @@ ## Suitability requirements for the Bereaved Partner route + BP 2.1. The applicant must not fall for refusal under Part Suitability, but paragraph SUI 11.4(a) does not apply. @@ -69,9 +73,11 @@ ## 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. @@ -79,26 +85,25 @@ ## 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 fiancé(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 fiancé(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. + + +- 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 fiancé(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 fiancé(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. @@ -111,20 +116,19 @@ ## 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 fiancé(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. + + +- 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 fiancé(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. @@ -137,9 +141,11 @@ ## Relationship requirement for a Bereaved Partner + BP 6.1. The person who was the applicant’s partner at the time of the applicant’s 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’s death. @@ -147,17 +153,16 @@ ## Requirements for a dependent child of a Bereaved Partner - - - -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. + + +- 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. @@ -168,18 +173,18 @@ ## English language requirements for a child of a Bereaved Partner - - - -BP 8.1. Unless an exemption applies, the applicant must: - - -(a) Where the date of application is before 26 March 2027, the applicant must, unless an exemption applies, show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1; or - -(b) Where the date of application is on or after 26 March 2027, the applicant must, unless an exemption applies, show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B2. - - - + + +- BP 8.1. Unless an exemption applies, the applicant must: + + +- (a) Where the date of application is before 26 March 2027, the applicant must, unless an exemption applies, show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1; or + +- (b) Where the date of application is on or after 26 March 2027, the applicant must, unless an exemption applies, show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B2. + + + + @@ -190,6 +195,7 @@ ## 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. @@ -197,9 +203,11 @@ ## 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. @@ -207,9 +215,11 @@ ## Decision on an application for settlement on the Bereaved Partner route + 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. @@ -217,7 +227,9 @@ ## Period and conditions of grant on the Bereaved Partner Route + 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.