What If You Die Or Divorce ?

[ged]

My wife and i were going for a EEA residency visa (I have dual nationality).

I got to thinking ,what would happen to the Missus if I died .

She studied for the life in the UK test and passed first time so we changed our minds and now are are applying for ILR.

6 Years is a long time ( I think this is correct ) to wait for citizenship under the EEA rules. So ,wise ones , what would happen in your opinion if the worst did happen.

cheeers Ged

[fishhooks]

Country of query please, helps the rest of us a h--l of a lot

[Crossy]

Country of query please, helps the rest of us a h--l of a lot

Could be a clue here

She studied for the life in the UK test and passed first time

[mrbojangles]

So ,wise ones , what would happen in your opinion if the worst did happen.

Admittedly, i haven't thought about this in detail, so am not so sure.

My status is that I'm a UK citizen with UK passport and I got an Irish passport through my mother's birth and therefore got my Mrs an EEA permit on the back of being a bonified paddy.

We have since had a daughter (5 months old). She currently has a UK passport. We will be going to Thailand soon and will get her a Thai passport. I will also look at getting her an Irish passport.

So if something happened to me, i would hope that my Mrs would be able to live in the UK, either through my daughters right as an EEA national or through her UK citizenship. After all, my daughter is entitiled to live in the UK and she would be totally dependant on her mother. Now i'm not too sure it would be that simple and this is an area that i too better start to explore in more detail.

Another complication and i hope someone can help, is that i now work in Saudi and they are joining me here to live in a few weeks. So even though there is 4 years left, my Mrs permit might not be valid anymore. Or could we still use it for visits back to the UK ?

[kennkate]

Very good point I did think about this and phoned The Home Office ( UK Imigration )

The responce from them was that if I was to Die My wife would recive automatic ILR

Even if she had not passed LIUK. Answer Yes. Even if it was the day after she landed, Answer Yes

If that should happen I doubt she would want to stay but I asked anyway.

That was last year I doubt if that has changed

I am sure you will find that info on the Home Office web site.

Pages of Info so I made A phone call. I was in the UK at the time

[TerryLH]

"We will be going to Thailand soon and will get her a Thai passport."

You can get her a Thai passport in the UK at a Thai embassy/consulate.

Take your daughters birth certificate and have them issue you a Thai birth certificate. With that, fill out the forms and pay the money. Give them a call for what else thay might require.

That way no hassles with length of stay for her in Thailand.

[7by7]

My wife and i were going for a EEA residency visa (I have dual nationality)...........She studied for the life in the UK test and passed first time so we changed our minds and now are are applying for ILR.

I am 99% sure that you cannot do this. If she entered the UK under the EEA rules then she has to follow the EEA route all the way through to her permanent residence after 5 years and cannot switch to being in the UK under the UK immigration rules.

I strongly suggest that you check on this before submitting an ILR application as it may be refused, and you wont get the fee back if it is!

BTW, those here with an EEA permit do not have to pass the LitUK test (or take the ESOL with citizenship course) to get their permanent residence; although they will need to do so if they should wish to apply for British citizenship when time qualified.

[7by7]

To answer the original question

If you died then whether your wife was here under the UK immigration rules or the EEA rules she would be allowed to stay.

Divorce is different.

If she was here with an EEA family permit then she may be allowed to stay provided the marriage had subsisted for at least 3 years and she had been resident in the UK for at least one year.

If she were here under the UK immigration rules then she would only be allowed to stay if she had obtained her ILR. If she only had her original settlement visa or FLR then she would have to leave when her current leave to remain expired.

However, if the divorce was the result of your domestic violence or abuse then she would be allowed to stay.

[fishhooks]

Crossy.............Country of query in the........ "Topic Title"

I thought that would make sense without spelling it out!

Saves a lot of searching time. Like those of us who are not from or involved in the particular country don't need to look!

[bruceboy]

Great information, thanks.

[mrbojangles]

"We will be going to Thailand soon and will get her a Thai passport."

You can get her a Thai passport in the UK at a Thai embassy/consulate.

Take your daughters birth certificate and have them issue you a Thai birth certificate. With that, fill out the forms and pay the money. Give them a call for what else thay might require.

That way no hassles with length of stay for her in Thailand.

Yeah, sorry Terry. I meant to say that i am in Saudi now, so the mrs can't really get down to the smoke. So we're gonna get one at the Thai Embassy in Riyadh.

[mrbojangles]

My wife and i were going for a EEA residency visa (I have dual nationality)...........She studied for the life in the UK test and passed first time so we changed our minds and now are are applying for ILR.

I am 99% sure that you cannot do this. If she entered the UK under the EEA rules then she has to follow the EEA route all the way through to her permanent residence after 5 years and cannot switch to being in the UK under the UK immigration rules.

I strongly suggest that you check on this before submitting an ILR application as it may be refused, and you wont get the fee back if it is!

We did it the opposite way, so don't know if it's any different.

My Mrs was in the UK on a Settlement Visa and then they changed the rules for LitUK test with only a few months to go before applying for ILR . So we changed over to the EEA Family permit route and she didn't have to leave the country.

However, this was done with the help of the Scouser. If i'd have tried to do it myself the outcome may have been different as they were trying to call my bluff when they phoned me but the Scouser provided me all the right replies and they reluctantly granted it.

[ged]

She is here on a Spouse visa(the UK)

Wow fishhooks you are going to build up a lot of posts telling people to put their origin country in the title(point taken though)

[fishhooks]

Well ged, when you think about it, it usually only takes one word or abbreviation, like UK,OZ,USA etc etc.

I'm not the only one who brings up this point and it makes it a lot easier, particularly for those of us on "Dial-Up" Internet, can be real slow at times!

Have a look at the guys who wack this simple task into the title, it usually fits real easy.

There are many many countries on this part of Thai Visa and with due respect, most of the issues affecting one country, have nothing to do with another.

Not a flame, I assure you.