Help required

[elvis1]

What would happen to my Russian wife and son if I was killed in an accident? what I mean is what would be their rights to remain living here in the UK?

Thanks

Andrew

[desperado]

What would happen to my Russian wife and son if I was killed in an accident? what I mean is what would be their rights to remain living here in the UK?

Thanks

Andrew

Andrew, that is a very good question. I was thinking the same. If the husband is a british citizen and his wife is given 3 yrs dependent visa and what will happen to the wife if the husband dies? Will the wife be allowed to stay in the UK? I would like to hear experts response.

[elvis1]

Thanks desperado, I forgot to add the 3 yrs dependent visa part

Andrew

[bash_h]

Im sure I read somewhere that if the wife + son are on a settlement visa in the probation period of 2 years, in the unlikely event of the spouses death, they get given ILR, I cant remmber where I read it though, I'll try try it out tonight

[John]

bash_h, that is correct, if a person has a settlement visa, and then their sponsor .... spouse, parent or step-parent, or unmarried partner ... dies then it is possible for the holder of a time-limited settlement visa to get ILR.

However I am struggling to find any comparable provision where the "main person" has something like a Work Permit or HSMP. Does anyone else know of such a provision?

[Jeff Albright]

I definitely heard several times, but cannot offer any official information, that an alien can be granted ILR after probationary period in the event of marriage breakdown as a result of the domestic violence or partner's death. Info on Domestic violence can be found on the IND website but not sure about the one regarding the partner's death.

[Kayalami]

1. There is provision in the immigration rules for the dependents (spouse and/or children) of a settled person to be granted ILR where the sponsor dies during the probationary period. Likewise there is scope for those suffering domestic violence. Both require submission of appropriate documentation (death certificate, court documents etc) as well as evidence pertaining to subsistence of the relationship upto relevant point.

2. There is no similar provision for dependents of a non settled person. The HO will nominally (at most) allow the dependents to remain in the UK to the expiry date of their LTR on compassionate grounds for them to finalise their affairs. An application for ILR outside the rules may exceptionally be considered on the most compelling of circumstances - e.g. severe destitution within the HRA threshold. The time period to ILR would be a consideration in such a case e.g. WP holder deceased 28 days prior to completion of 4 years on said IED and dependents have likewise been present in the UK under WP dependent LTR. In such circumstances the dependents must not travel outside the UK post the sponsor being deceased until the HO make a decision on the case.

I hope that helps.

[elvis1]

Thanks for all of your help guys it is very much appreciated.

Andrew