UK Government Outlines Permanent Residency Path After Partner's Death
The United Kingdom government has published comprehensive guidelines detailing how foreign nationals residing in the UK can obtain Indefinite Leave to Remain (ILR), also known as settlement, following the death of their partner. This policy is crucial for thousands of migrants, including many Nigerians in the diaspora, who may face uncertainty about their immigration status after losing a loved one.
According to the official guidelines on the UK Government portal, individuals who are in the UK on a family visa as the partner of a deceased person can apply for ILR. The application can be submitted at any time after the partner's death, without waiting for the current visa to expire.
What Is Indefinite Leave to Remain (ILR)?
ILR grants a foreign national the right to live, work, and study in the UK indefinitely, without visa restrictions. Once approved, the individual can work or run a business, access public services including the NHS and schools, apply for public funds and pensions, and apply for British citizenship after holding ILR for at least 12 months.
Eligibility Criteria for Settlement
To qualify, the applicant's permission to live in the UK must have been based on being the partner of the deceased under a family visa. The deceased partner must have been a British citizen, held ILR, or been an EU, Switzerland, Norway, Iceland, or Liechtenstein citizen with pre-settled status at the time of death. Under UK immigration law, a partner includes a spouse, civil partner, or someone living in a relationship equivalent to marriage or civil partnership.
Application Fees and Fee Waiver
The standard application fee is £3,225 (approximately N6 million) per person. This fee applies to each applicant, including children applying simultaneously. There is no additional charge for biometric information submission.
Recognizing the financial and emotional burden, the UK government offers a fee waiver. Applicants and their family members can avoid the £3,225 fee if they demonstrate financial hardship. Evidence of homelessness, inability to afford essential living costs, or low income that would harm a child's wellbeing can qualify for the waiver. Acceptable evidence includes recent bank statements, payslips, and utility bills.
Protecting Permanent Residency Status
Once ILR is granted, beneficiaries must be cautious: the UK government warns that staying outside the UK for more than two consecutive years can result in loss of permanent residency status.
