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ILR as a Bereaved Spouse

Discussion in 'UK Visa and Immigration Help' started by Kuya, Aug 18, 2014.

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  1. Kuya
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    Kuya The Geeky One Staff Member

    This isn't the sad post the title of this thread might appear to be, but I came upon some information a week or so ago I feel I must share. As many of you will know, I am fighting cancer (Leukemia to be precise) and with such fights comes a lot of thoughts about the future and all the various ifs and what ifs.

    Regardless of my situation, this information matters because you never know when you're going to get hit by a bus...

    My wife arrived in the UK in February 2013 under the new rules, this means that she has to wait until February 2018 before she can apply for ILR (indefinite leave to remain). She must also extend her visa (which is currently for 27 months) to get her up to that 5 year point.

    Obviously, I was worried that should the worst happen she might be forced out of the UK because her visa depended upon me.

    Well, yes and no!

    In the tragic event of a British citizen passing away whilst their spouse was living with them in the UK (under a spouse settlement visa), the UK government will still grant ILR to the widow so long as it can be proven that they lived together and would still have been together if the deceased partner had survived.

    Here is what the official government guidelines state:

    Generally speaking, it doesn't matter if the visa holder in on their first 33 month visa or the 2 year extension, in the tragic event of their spouse passing away they can still apply for ILR.
    Last edited: Aug 18, 2014
    Kuya, Aug 18, 2014
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  2. Anon04576
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    Anon04576 Well-Known Member

    Thanks for the info Kuya. Just out of interest, what is the 27 months? I thought under new rules it was 33 months? Earliest the FLR application being 28 days before 30 month?
    Anon04576, Aug 18, 2014
    #2
  3. Timmers
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    Timmers Well-Known Member Trusted Member

    A good and informative thread Sean, not something we like to read about of course but very important information all the same.

    Hope things are going well for you and that the loved one is back to take care of you :)
    Timmers, Aug 18, 2014
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  4. Kuya
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    Kuya The Geeky One Staff Member

    Ah, my mistake HaloHalo.. 33 months.. Amended as the other info is the same.

    Hi Timmers, my wife didn't go to the Philippines in the end. Her holiday was spent here in sunny Manchester..
    Kuya, Aug 18, 2014
    #4
  5. Timmers
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    Timmers Well-Known Member Trusted Member

    I didn't think she would go, inside I bet you really appreciated that, I know I would have.
    Timmers, Aug 18, 2014
    #5
  6. Anon04576
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    Anon04576 Well-Known Member

    Ahh cheers for that Kuya, panicked for a minute :) As already said, not something to dwell on but important nonetheless. I did actually discuss such a subject with the asawa. I asked if she would stay here and she says she would prefer to go back home. Obviously those family ties are as strong as ever.
    Anon04576, Aug 18, 2014
    #6
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    very good thread , Sean--thanks very much---very pertinent in my case--i'm 66---shes 43. 5 years is a long time !

    hope youre on the mend mate.
    bigmac, Aug 18, 2014
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  8. Anon220806
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    Anon220806 Well-Known Member

    I had seen this one before. So yes. No worries there if in the unlikely event the worst came to the worst for anyone of us. And does indeed demonstrate a compassionate element to our immigration system
    Anon220806, Aug 18, 2014
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  9. Anon04576
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    Anon04576 Well-Known Member

    I'm guessing the financial element is still pertinent in such a case?
    Anon04576, Aug 18, 2014
    #9
  10. Anon220806
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    Anon220806 Well-Known Member

    I dont think it is Halo. I think it is waived. Not sure.....
    Anon220806, Aug 18, 2014
    #10
  11. Anon04576
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    Anon04576 Well-Known Member

    Yea you'd like to think so but bureaucracy and large organisations plus jobsworths
    Anon04576, Aug 18, 2014
    #11
  12. Kuya
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    Kuya The Geeky One Staff Member

    The financials are waived as far as I know.
    Kuya, Mar 24, 2015
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  13. JFC
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    JFC New Member

    Hi!
    I want to inquire regarding my husband's situation in UK, he's an indefinite leave to enter UK Visa Holder.. He's been in UK for almost 10 years and was employed many times.. Right now he's working in a restaurant for 2 years and suddenly his employers demanding him to get a BRP as a proof that he can legally work in UK.. does he really need to get one? we're worried right now because we're starting to process my application to join him in UK.. we really can't afford any expensive fees right now as we're saving up for my application.. I just can't seem to search any information about it.. I hope someone can help me regarding this matter.. Thank You so much :)
    JFC, Jun 24, 2015
    #13
  14. Anon220806
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    Anon220806 Well-Known Member

    Hi. I know very little about the BRP as my wife has been exempt. However it seems commonplace now. My understanding is that it isnt too difficult to aquire and relatively inexpensive. You yourself will also need one. Quite a few here have been through the BRP process.
    Anon220806, Jun 24, 2015
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  15. Maharg
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    Maharg Well-Known Member Trusted Member

    Pretty sure he doesn't need one. The ILR would be stamped in his old passport. As long as he can show that and has an NI number then he doesn't need it.

    The BRP is just the new method of showing the same thing.
    Maharg, Jun 24, 2015
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  16. Anon220806
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    Anon220806 Well-Known Member

    When we came in through Immigration in Manchester in january my wife was not asked for a BRP card. Just passport (with ILR) stamp in.
    Anon220806, Jun 24, 2015
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  17. Maharg
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    Maharg Well-Known Member Trusted Member

    Yeah. My ex wife just takes 2 passports when she travels. Her current Japanese passport and the old one with the ILR stamped in it.
    Maharg, Jun 24, 2015
    #17
  18. Dublin boy
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    Dublin boy Active Member

    Thanks for sharing good information and hope you get well soon
    Dublin boy, Jun 24, 2015
    #18
  19. KeithAngel
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    KeithAngel 2063 Lifetime Member

    KeithAngel, Jun 24, 2015
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  20. aposhark
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    aposhark Well-Known Member Lifetime Member

    Sean started this thread. My wife and I were talking about how sensible he was.
    His wife Joy also had her spousal visa refused because of his financial situation but he appealed and won so she could join him in the UK.
    I wish I could have met him before he passed away :(
    Last edited: Jun 24, 2015
    aposhark, Jun 24, 2015
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