Partner Died During a Spouse Visa: What Happens Next

If you have just lost your partner, we are so sorry. You came to this country for a person, and now the visa in their name feels like it is slipping away too.

Here is the most important fact first: in the UK, the US and Australia, the law has a written route for people in exactly your position. Canada is harder, but it is not hopeless. And almost none of the deadlines below are counted in days.

The short answer: In most countries people ask about, your partner's death does not automatically end your right to stay. As of October 2026, the UK lets a bereaved partner of a British citizen or settled person apply for settlement. A US citizen's widow or widower can self-petition for a green card. You must file Form I-360 within 2 years of the death (USCIS, 2026). Australia can still grant a partner visa if you would have stayed together. Canada is harder. A spousal sponsorship usually cannot continue, but you can ask to stay on humanitarian and compassionate grounds.

Grief first, paperwork second

You do not have to fix everything this week. Only two things are worth doing early:

• Check the expiry date on your current visa. This is the one date that can arrive sooner than you expect.
• Ask for several certified copies of the death certificate. Almost every next step needs one.

Everything else can wait until you are ready.

What each country allows

The main rules as of October 2026. Each has conditions, explained below.

Our spouse and family visa guide explains how partner routes normally work.

United Kingdom: the Bereaved Partner route

The UK has a route made for this moment, Appendix Bereaved Partner, and it leads straight to settlement.

Who can apply

You can usually apply if all of these are true (Appendix Bereaved Partner, 2026):

• You are in the UK. Applications from abroad are only for partners of HM Armed Forces members.
• Your current or last permission was as a partner under Appendix FM, not as a fiancé(e) or proposed civil partner.
• Your partner was a British citizen, settled in the UK, or an EEA national with pre-settled status under the EU Settlement Scheme.
• The person who was your partner at your last grant has died.
• You were in a genuine and subsisting relationship immediately before they died.

You apply on form SET(O). Your dependent children can be included.

What you do not need

The appendix sets no minimum time in the UK for the bereaved partner. The English language and Life in the UK requirements in this appendix apply only to dependent children, not to you.

Home Office staff guidance goes further. It tells caseworkers to grant settlement "on the basis of the partner's death certificate" and not to make detailed enquiries about the relationship unless, for example, there were earlier doubts or later allegations (Home Office, August 2026). It also asks them to make any enquiries "with care and tact".

The fee, and the fee waiver

The indefinite leave to remain fee is £3,226 per person from 8 April 2026 (Home Office, 2026). That is a lot when your household income has just fallen.

Since 9 October 2024, a bereaved partner who is destitute can apply without paying (GOV.UK, September 2024). You count as destitute if you have no adequate housing, or you have housing but cannot meet other essential living needs. You are not expected to take a loan, and family or friends are not expected to pay for you (Home Office, August 2026).

If the waiver is refused, you get 10 working days to pay. Your application date stays the same. Decisions on family settlement usually take up to 6 months (GOV.UK, 2026).

Who to tell

The UK's Tell Us Once service reports a death to HMRC, DWP, the Passport Office, DVLA and the local council. It does not tell UK Visas and Immigration (GOV.UK, 2026). Apply for settlement while your current permission is still valid. If you apply in time, our guide to 3C leave and bridging status explains how your rights continue while you wait.

United States: widow or widower of a US citizen

US law gives surviving spouses of citizens real protection. Since 28 October 2009, there is no minimum length of marriage (USCIS, 2026).

The basic conditions

You may qualify if you (USCIS, 2026):

• were married to a US citizen when they died
• were not divorced or legally separated at that time
• married in good faith, not just for immigration
• have not remarried
• are admissible to the United States

If an I-130 was already filed

If your spouse filed Form I-130 for you before they died, you do not need to file a new petition. It converts automatically to Form I-360. Unmarried children under 21 can be included. If you already filed Form I-485 to adjust status, USCIS keeps processing it (USCIS, 2026).

If nothing was filed yet

You can self-petition on Form I-360. You must file it within 2 years of your spouse's death. If you live in the US, you can file Form I-485 at the same time or later. If you live abroad, the approved I-360 goes to a US embassy or consulate.

You do not need a new financial sponsor. USCIS says a person with an approved I-360 as a self-petitioning widow or widower does not need to file Form I-864, the affidavit of support (USCIS, 2026). Check current filing fees on the USCIS fee schedule, as they change.

Be careful about remarriage

If you file your own I-360, your eligibility as a widow or widower ends if you remarry before you immigrate or adjust status. If your spouse had already filed an I-130, remarriage does not always end the case, because INA 204(l) may allow it to be approved as an I-130 (USCIS, 2026). Get legal advice before you remarry.

If you have a conditional green card

If you got your green card soon after marrying, it may be conditional. If your spouse dies, you can file Form I-751 alone, without a waiver. Tick the box that says your spouse is deceased and attach the death certificate. You must still show the marriage was genuine (USCIS Policy Manual, 2026).

If your spouse died while your I-485 was still pending, USCIS policy says you should receive permanent residence without conditions (USCIS Policy Manual, 2026).

If your spouse was a green card holder

The widow(er) rule above is for spouses of citizens. If your spouse was a permanent resident, a different law, INA 204(l), may let your case continue. You must have lived in the US when they died and still live there at the decision. You will usually need a substitute financial sponsor, such as a close relative who is a citizen or permanent resident (USCIS Policy Manual, 2026; USCIS, 2026). The decision is discretionary, so get legal advice.

Canada: why it is harder, and what you can do

Canada's rules are the least forgiving of the four. The law says a sponsorship can only be approved if the sponsor meets the requirements from the day of filing until the day of decision (IRPR s.133, 2026). A sponsor who has died cannot do that. So a pending spousal sponsorship usually cannot be approved in the normal way.

Humanitarian and compassionate grounds

Section 25(1) of the Immigration and Refugee Protection Act lets the Minister grant permanent residence when humanitarian and compassionate (H&C) reasons justify it. If you are in Canada, the Minister must examine your request. If you are outside Canada, the Minister may (IRPA s.25, 2026). The best interests of any child affected must be considered.

IRCC's in-Canada H&C guide says that if your spouse or partner cannot sponsor you, you may use the H&C application (IRCC, 2026). As of October 2026, the fee is CAD 1,260 including the right of permanent residence fee, or CAD 660 without it (IRCC fee list, 2026). Strong requests show your life in Canada and the hardship of leaving.

Tell IRCC about the death. IRCC asks people to keep their file updated about changes such as "marriage, birth, divorce or death" (IRCC, 2026).

If you are already a permanent resident

Canada removed conditional permanent residence for sponsored spouses on 28 April 2017. You no longer need to live with your sponsor to keep your status (IRCC, 2017).

Australia: partner visas after a sponsor's death

Australian law has clear written protection. If your sponsoring partner dies while your Subclass 820 application is pending, it can still be granted. You must satisfy the Minister that you "would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died" (Migration Regulations 1994, cl. 820.221(2), July 2026).

The same test applies to:

• the permanent Subclass 801 visa (cl. 801.221(5))
• the offshore Subclass 309 visa (cl. 309.221(2))
• the permanent Subclass 100 visa (cl. 100.221(3))
• Prospective Marriage (Subclass 300) holders, even if your partner died before the wedding (cl. 820.211(7))

The usual 2-year wait for the permanent stage does not stop an early grant in this situation (cl. 801.221(7) and 100.221(7)).

To tell the Department, complete the Notification of Relationship Cessation form in the "Update Details" tab of ImmiAccount. If you cannot use ImmiAccount, use the Partner Processing Enquiry Form (Home Affairs, 2026).

A gentle timeline

1. This week, if you can: find your visa or permit and note its expiry date. Ask for several certified copies of the death certificate.
2. In the first month: tell the immigration authority. In Canada and Australia, use the channels above. In the US, tell USCIS before it decides any pending green card application. In the UK, plan your SET(O) application before your permission ends.
3. Gather your relationship evidence. Use what you already have: joint lease or mortgage, joint bills, bank statements, photos, messages, and the funeral programme. Our guide to proof of relationship lists strong documents.
4. Write down your deadline. In the US, that is 2 years from the death for a new I-360. Put it in your phone and on paper.
5. Check costs, then get advice if anything is unclear. Compare fees in our visa costs tool.

When the forms feel cruel

Grief does not follow a timetable, but visas do. You may feel guilty for thinking about your status at all. Do not. Wanting a safe place to grieve is human.

You may not know yet whether you want to stay. That is fine. Secure your status first, and you can still choose either country later. If you later move home with children, our guide to relocating with children covers the family law side.

Lean on others. The GOV.UK guide What to do after someone dies has a step on finding bereavement support. A doctor, faith group or grief group can help too.

Mistakes to avoid in the first months

• Letting your visa expire while you grieve. In the UK especially, apply before your permission ends. An overstay can cause long problems, as our overstay guide explains.
• Missing the US 2-year deadline. If no I-130 was filed, the I-360 window closes 2 years after the death.
• Remarrying before a US decision. If you filed your own I-360, this ends widow(er) eligibility.
• Assuming a pending Canadian sponsorship will carry on. It usually cannot. Plan an H&C request.
• Not telling the authority. Australia and Canada both expect you to report the death.
• Paying an unregulated "agent". Grief makes people easy targets for scams.

When to bring in a regulated adviser

Some simple UK cases can be done alone. Get regulated advice if:

• You are in Canada and need an H&C request.
• Your US spouse was a green card holder, not a citizen.
• Your visa has already expired, or you have any immigration history problems.
• You have a criminal record or past refusals.
• You were separated, or the relationship was hard to prove, before the death.

In the UK, check that an adviser is on the Immigration Advice Authority register. In other countries, use a licensed immigration lawyer, a licensed consultant in Canada, or a registered migration agent in Australia. You can also take our free migration assessment to see your options first.

Frequently asked questions

Will I be deported if my spouse dies?

Not automatically. The UK, US and Australia have written rules that let a surviving partner stay if conditions are met. Canada usually needs a humanitarian and compassionate request.

How long do I have to apply in the US after my spouse dies?

If no I-130 was filed, you must file Form I-360 within 2 years of your US citizen spouse's death. If an I-130 was already filed, it converts to an I-360 automatically, and you do not need to file again.

Do I need to pass an English test for UK bereaved partner settlement?

Appendix Bereaved Partner sets English and Life in the UK requirements only for dependent children. The adult bereaved partner is not asked to meet them in this appendix.

What if I cannot afford the UK settlement fee?

You can ask for a fee waiver if you are destitute. That means you lack adequate housing or cannot meet essential living needs. You do not have to borrow money.

My sponsor died before my Australian partner visa was decided. Is my application over?

No. Your Subclass 820, 801, 309 or 100 visa can still be granted if you show you would have stayed together. Tell the Department through ImmiAccount.

I am a permanent resident of Canada. Can I lose my status because my sponsor died?

No. Canada ended conditional permanent residence for sponsored spouses in April 2017. Your status does not depend on living with your sponsor.

The next small step

Most people in your position have a real path to stay. It takes forms and patience, not speed. When you can, get the certificates, check the date, and ask for help. You built a life here with someone you loved. You are allowed to keep it.

This article is general information, not legal advice. Rules and fees change often. Always confirm with the official source, and with a regulated adviser for your own case.