Urgent Help - Dependent of Deceased!

[Delhi_Bhoy]

Dear experts.

I am asking this question on behalf of the family of my colleague who unfortunately died yesterday.
My company and I want to help his family as best as we can, so any advise would be appreciated.

My colleague was Tier 2 ICT visa holder (£120 + salary). This was his 6th year in UK.
His wife and son are on dependent visa. His son (19 years old) is a UK University Under Grad student.
Son and wife would like to stay in UK at least until son's education is completed.

My questions are:
1. What is the existing status of their Visa? How long can they now stay in UK without the main Visa holder?
2. Can they go to India for last rights and comeback and carry one until the visa expires?
3. Can they switch to another visa while in UK? If yes, then which visa and what is the procedure for that?

I would be really thankful for any help from your knowledge and experience.

Thanks in advance!

K

[CR001]

1. Their visa will likely be curtailed to 60 days as they are wholly dependent on the main ICT visa holder being in the UK and meeting the requirements of the visa. ICT dependents don't have much option, if any, to switch within the UK.

2. It might be risky as they could be refused re entry to the UK due to the change in circumstances.

3. Unlikely. What do they believe they might qualify for? The added complication is that the child is now over 18.

[CR001]

Additionally, there are no provisions for PBS dependents to stay on in the UK if their spouse, the main PBS visa holder, passes away. The provision that does exist is only for spouse of British citizen.

[Delhi_Bhoy]

Thanks CR001.

2. It might be risky as they could be refused re entry to the UK due to the change in circumstances.

Is there any precedence in this regard? What document proof they may need to allowed re-entry?

3. Unlikely. What do they believe they might qualify for? The added complication is that the child is now over 18.

Can the son switch to Student visa at least? Company is ready to pay for his visa expenses. At least his career can be saved.
What's the complication regarding being over 18 years?

Regards
K

[Delhi_Bhoy]

Additionally, there are no provisions for PBS dependents to stay on in the UK if their spouse, the main PBS visa holder, passes away. The provision that does exist is only for spouse of British citizen.

Can the company hire deceased's wife or even son to help them out and get over this?

[CR001]

2. It might be risky as they could be refused re entry to the UK due to the change in circumstances.

Is there any precedence in this regard? What document proof they may need to allowed re-entry?

Their right to remain in the UK and the purpose of their visa no longer exists. They cannot remain in the UK as ICT dependents on their own. That means as the main visa holder is deceased, his sponsorship has ended. If they leave the UK, they risk being refused entry and returned to India.

3. Unlikely. What do they believe they might qualify for? The added complication is that the child is now over 18.

Can the son switch to Student visa at least? Company is ready to pay for his visa expenses. At least his career can be saved.
What's the complication regarding being over 18 years?

The son would have to apply from home country for a tier 4 visa IF his university is prepared to sponsor him and issue a CAS and if he can meet all the standard requirements, including funds, for the visa. He cannot apply within the UK for Tier 4.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa

A child over 18 can only be sponsored by a parent, assuming the mother gets a Tier 2 General visa, if they have been in the UK as a dependent of that specific parent. Once a child turns 18, they don't qualify for a dependent visa unless applying for an extension of an existing dependent visa based on the parent whose visa they have always been dependent on.

[CR001]

Additionally, there are no provisions for PBS dependents to stay on in the UK if their spouse, the main PBS visa holder, passes away. The provision that does exist is only for spouse of British citizen.

Can the company hire deceased's wife or even son to help them out and get over this?

The son won't qualify for sponsorship under tier 2 General if he has not completed his studies. If the wife qualifies for a tier 2 general and can get a RCoS, she has to apply from home country.

I doubt whether the son would be able to apply as her dependent.

[Delhi_Bhoy]

Okay, so they have limited options unfortunately. Thanks for your help CR001.

Best Regards.

K

[Delhi_Bhoy]

Sorry, have to reopen this thread. Can create a new if this breaks the rule.

Will the Home Office Refund the Immigration Health Surcharge for the deceased and/or his family members?

[CR001]

Sorry, have to reopen this thread. Can create a new if this breaks the rule.

Will the Home Office Refund the Immigration Health Surcharge for the deceased and/or his family members?

Unlikely. You can try but there is no guarantee and the refund will go to the card of the person who made the payment.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

*your visa application is successful but you do not come to the UK
*you leave the UK before your visa ends, for example to make a new application
*you’re told to leave the UK before your visa expires
*you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

[Delhi_Bhoy]

Thanks. How can they apply? Can't see any link.

[CR001]

Thanks. How can they apply? Can't see any link.

Did you miss the contact UKVI link at the bottom of the page??