If the relationship between a qualifying person settled in the UK and a migrant breaks down then, legally speaking, the visa that the migrant holds becomes of no effect, and the migrant loses their immigration status.
But supposing the settled person sadly dies? In this situation the law works differently, and the migrant may be able to remain in the UK, on a permanent basis. They may be able to apply for a bereaved partner settlement visa.
These rules have some qualifications – the settled person must be one of the following:
- A British citizen
- A person who holds settlement
- A person who holds Pre-Settled Status under the EU Settlement Scheme
And the migrant partner must be one of the following:
- A spouse
- A civil partner
- An unmarried partner
and must hold a current visa to that effect.
And there is a further requirement: that the relationship must have been existing at the time of the application.
If all these requirements are met, and unless there are countervailing factors (eg criminal convictions), the application is typically a strong one.
There is no English language or Life in the UK test requirement, and children of the applicant can also apply if they do not hold British citizenship – which in many cases they might.
If this visa is relevant to your situation and you need help we at GSN Immigration will be able to assist you.
OISC Level 3 Immigration Lawyer