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Deceased's dependants

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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ANTONIO77
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Location: england
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Deceased's dependants

Post by ANTONIO77 » Thu Jun 05, 2014 3:05 pm

Hi all,

Please advice is urgently needed, my sister which is a HSMP dependant recently lost her husband(main applicant) to cancer. He died outside UK at his wish as he was advised that he was likely to die in 2weeks, he was flown home to die.
my questions are:
1.Can she still extend her permit? she was given 2yrs from home and recently extended for 3yrs,she still has 2yrs left
2.She had been to see a lawyer for advice her on her faith, the lawyer said if she inform the UKBA, her permit would be cancelled. how true is this?

please help us, she is mourning the late husband and still face uncertainty about his status with 2 boys.

ANTONIO77
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Posts: 8
Joined: Thu Jun 05, 2014 2:24 pm
Location: england
Contact:

lost husband to cancer

Post by ANTONIO77 » Thu Jun 05, 2014 5:07 pm

Hi all,

Please advice is urgently needed, my sister which is a HSMP dependant recently lost her husband(main applicant) to cancer. He died outside UK at his wish as he was advised that he was likely to die in 2weeks, he was flown home to die.
my questions are:
1.Can she still extend her permit? she was given 2yrs from home and recently extended for 3yrs,she still has 2yrs left
2.She had been to see a lawyer for advice her on her faith, the lawyer said if she inform the UKBA, her permit would be cancelled. how true is this?

please help us, she is mourning the late husband and still face uncertainty about his status with 2 boys.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: lost husband to cancer

Post by Wanderer » Thu Jun 05, 2014 6:03 pm

Sorry to hear the sad news, but I don't think there is a rule that allows a spouse of a deceased person who is not settled to remain...

Wait for others tho....
An chéad stad eile Stáisiún Uí Chonghaile....

Amber
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Location: England, UK
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Re: Deceased's dependants

Post by Amber » Thu Jun 05, 2014 8:22 pm

The bereaved partner provisions for ILR don't apply where the deceased person only had limited leave to remain. Did they have any children born in the UK?
**this forum is not intended to be a substitute for professional advice**
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ANTONIO77
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Posts: 8
Joined: Thu Jun 05, 2014 2:24 pm
Location: england
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Re: lost husband to cancer

Post by ANTONIO77 » Thu Jun 05, 2014 8:46 pm

Wanderer wrote:Sorry to hear the sad news, but I don't think there is a rule that allows a spouse of a deceased person who is not settled to remain...

Wait for others tho....

Thank you for the response, none of the kids were born here.

abhisheks9
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Location: Aberdeen
India

Re: lost husband to cancer

Post by abhisheks9 » Fri Jun 06, 2014 9:14 am

ANTONIO77 wrote:Thank you for the response, none of the kids were born here.
this makes the case more difficult :(
Why don't you post your Question in ILR section of forum as well? someone may be able to advise there with much more authority.
Though AMBER responded to you in Tier-2 section? and he is most known authority here
Disclaimer: This post does not contain legal advice

Amber
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Re: Deceased's dependants

Post by Amber » Fri Jun 06, 2014 4:49 pm

Is she and the children in the UK now?
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ANTONIO77
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Re: Deceased's dependants

Post by ANTONIO77 » Sun Jun 08, 2014 10:17 am

Amber_ wrote:Is she and the children in the UK now?
Thanks Amber, the wife and the two kids are here in the UK

ANTONIO77
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Urgent help!! Deceased main applicant

Post by ANTONIO77 » Sun Jun 08, 2014 10:22 am

Hi all,

Please advice is urgently needed, my sister which is a HSMP dependant recently lost her husband(main applicant) to cancer. He died outside UK at his wish as he was advised that he was likely to die in 2weeks, he was flown home to die.
my questions are:
1.Can she still extend her permit? she was given 2yrs from home and recently extended for 3yrs,she still has 2yrs left
2.She had been to see a lawyer for advice her on her faith, the lawyer said if she inform the UKBA, her permit would be cancelled. how true is this?

Amber
Moderator
Posts: 17485
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Deceased's dependants

Post by Amber » Sun Jun 08, 2014 10:22 am

How old are the children?
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Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

ANTONIO77
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Posts: 8
Joined: Thu Jun 05, 2014 2:24 pm
Location: england
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Re: Deceased's dependants

Post by ANTONIO77 » Sun Jun 08, 2014 10:24 am

Amber_ wrote:How old are the children?
10yrs and 8yrs

Amber
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Re: Deceased's dependants

Post by Amber » Sun Jun 08, 2014 10:30 am

Your option may be leave outside the immigration rules (click) for particularly compelling circumstances. If the husband was on a route to settlement, perhaps asking for ILR under LOTR in the best interest of the children who are now settled (in a fixed way rather than legal) in the UK. Has the person applied for a Bereavement Payment (click)?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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