Immigration of Indian Passport Family Members of Deceased Ma

[ann001]

Hi All,
I will be really thankful if someone please help.
My friend died recently and he was a Portugese passport holder in UK. His family currently hold Indian passport and in UK since 2015 and currently hold 'Family Member-EU Residence' visa which was granted in 8/2016.
Also his family members never lived in Portugal before and was always in India until 2015 when they came to UK.
Also his wife is illiterate so cant give any english/life in uk etc tests.
Can someone please advice if they can settle in UK or what are their options?

[Casa]

Read through the information under 10.2 in this link, however there are conditions which the family may not be able to meet, including but not limited to:
Example
The spouse of an EEA national who has died will qualify if:
 they were residing in the UK as a family member of the EEA national for at least a year
immediately before their death, and
 they are working in the UK.
AND
Status of the non-EEA national
To be eligible to retain the right of residence, the non-EEA national must be undertaking
activities similar to those of a qualified person. This means they must be either:
 a worker
 a self-employed person, or
 a self-sufficient person.
They must also remain a worker or self-employed person or a self-sufficient person to
continue to retain their rights under the Regulations.

https://www.gov.uk/government/uploads/s ... _clean.pdf

[Obie]

Yes. This is likely a Regulation 10 (2).

One can only hope the family members had been residing in the UK for a period of 1 year before the Qualified person died.

[ann001]

Thanks for the help guys. Yes they lived in UK for more than a year but his wife doesnt work. Am i correct that she needs to be working to be eligible? Is their any way out of same?
Also is their a possiblity that his children(6,10,15.5 years old) can apply for residency?
She is in enormous financial pressure and can't afford to go back to India.

[Casa]

Obie is better placed to answer your questions but I can say that the option of showing 'self-sufficiency' requires his wife to take out Comprehensive Sickness Insurance (CSI).

[ann001]

Thanks CASA
OBIE can you please let me know. Also, it will be really helpful if you detail the process as I have no clue of residency card etc.

[noajthan]

All family members need CSI; no benefits.
Good supporting evidence required.

Google EEA FM on Gov UK website.

Suggest find a migrant advice or community law centre.

[Obie]

Was the EEA national a Migrant worker shortly before he died? Are the

[ann001]

Was the EEA national a Migrant worker shortly before he died? Are the

Hi Obie,
Below are all details:
1. Deceased EEA National(Portugese passport holder)-Self Employed
2. Family Members came in UK on April 2015 with 'VISA EEA FP: FAMILY MEMBER TO JOIN ABC' issues on 12/01/15 valid till 12/7/15. Applied for Residence in May15, got 'Family Member-EU Residence' on 02/08/2016
3. Currently, Child Benefit and Tax Credit coming under deceased Mr. A name but soon will be moved to Mrs. A name.

[Obie]

Need to inform the department of works and pension that the EU national is deceased.

They may be able to retain a right of residence, but regulation 10 (6) remains an obstacle.

However they should be able to rely on regulation 10 (3), which is not subject to regulation 10 (6) conditions. This part unlike regulation 10 (2), does not lead to PR under regulation 15 (1)(F), and may in fact break accrued residence for the purpose of 15 (1)(f).

I wish you all the best for the future and sorry about your loss.

[ann001]

Thanks obie
Sorry if i sound daff, does this means their current visa no longer valid? I was in the impression that they can live until that expires.

[Obie]

Thanks obie
Sorry if i sound daff, does this means their current visa no longer valid? I was in the impression that they can live until that expires.

Current Residence Permit may not have a right attached to it. Essentially it may be invalid.

Although if they continue to have right of residence, that may be immaterial.

[noajthan]

Thanks obie
Sorry if i sound daff, does this means their current visa no longer valid? I was in the impression that they can live until that expires.

No 'visa' on EU route and RCs only last as long as conditions are met; not necessarily for '5years'.