Foreign partners of the deceased in UK no longer have to pay settlement fee

Foreign nationals who have lost their British citizen partner and are facing financial hardship will soon be eligible for a settlement fee waiver, according to new rules announced in Parliament on September 10. Starting October 9, 2024 those applying for settlement in the UK will no longer have to pay the application fee of GBP 2,885 (approximately Rs 3 lakh) if they meet the criteria for financial hardship.

Migration and citizenship minister Seema Malhotra, who made the announcement, described the change as a step towards a "fairer and more compassionate approach" to help those in difficult situations after losing a partner.

“Losing a loved one is a deep and unimaginable pain, all too often compounded by the immense financial strain faced by those left behind,” she said.

Earlier rules and new changes explained

Before this change, applicants seeking settlement in the UK after the death of a British citizen partner were required to pay the full fee, regardless of their financial situation. This created significant financial burdens for many, especially those facing destitution after the loss of their spouse or partner. Malhotra emphasised that this waiver would now offer relief to widows, widowers, and dependent children who had become part of the UK community.

“Widows, widowers, and their dependent children who had become integral parts of our communities can now apply for a fee waiver if facing destitution, in order to settle and keep the life they have built. This marks a fairer and more compassionate approach to those unable to afford the settlement fees, but who have often worked, paid their taxes, and contributed to life here in the UK, including the partners of our military veterans,” Malhotra said.

Who qualifies for the waiver?

Under the new rules, those eligible for the waiver include foreign nationals whose partners were either:

* British citizens.

* Individuals with indefinite leave to remain in the UK.

* Citizens of the EU, Switzerland, Norway, Iceland, or Liechtenstein who held pre-settled status.

Additionally, bereaved partners of members of the Armed Forces, Gurkhas, or Hong Kong military veterans discharged before July 1997 may also be eligible to benefit from the waiver, according to the UK government.

New diplomatic visa rules introduced

As part of the same parliamentary session, Malhotra also announced reforms to the UK's diplomatic visa process. The existing Diplomatic Visa Waivers (DVWs) will be replaced by the Diplomatic Visa Arrangement (DVA) system, which is part of the UK's transition towards digital pre-travel checks.

“DVAs will ensure diplomatic passport holders from countries that have benefited from DVW, who are nominated by their governments through a note verbale, will continue to benefit from smooth and efficient access to the UK,” Malhotra stated in a written parliamentary statement.

The new DVA system will offer a streamlined application process for diplomatic passport holders, waiving application fees and the need to submit fingerprints. This aims to make diplomatic travel to the UK more efficient, with DVA visitors also allowed to undertake a range of standard visitor activities during their stay. Accredited diplomats, who are exempt from immigration control, will not be affected by this change.

Introduction of the VIP Delegate Visa

A new visa category, known as the VIP Delegate Visa, was also introduced. This visa is designed for official delegations accompanying foreign Heads of State and government ministers on visits to the UK. According to the announcement, the number of visas issued will be capped at:

* 20 for delegations accompanying Heads of State.

* 10 for delegations accompanying government ministers.

“This product is a global offer, balancing the UK's bilateral considerations and aligning more closely with the approach of international partners,” Malhotra explained. Applicants for this visa will undergo a simplified application process without any fees or fingerprint submission requirements.