Tw In Uk Pn Settlement Visa

[newstart07]

Hi all, just a quick Question, My TW is currently on a 2 yr UK settlement visa, but what would happen if I die during the settlement visa? We only rent at the moment but are looking to buy a house soon.

many thanks in advance

Newstart

[vinny]

Your Bereaved TW (Thai Wife?) may apply for ILR under 287(.

[newstart07]

Thanks Vinny appreciate your time, cheers

[vinny]

Take care not to die overseas, as she may be refused entry due to a change of circumstances (on the basis that her marriage cannot possibly be subsisting if her husband is dead)!

[newstart07]

OMG never realised, going to TL in Nov as well lol..thanks Vinny

[Electra]

Take care not to die overseas, as she may be refused entry due to a change of circumstances (on the basis that her marriage cannot possibly be subsisting if her husband is dead)!

This could happen but only if the marriage had broken down prior to the spouse's death and there was ample evidence demonstrating no prospect of any reconciliation or there were concerns that the relationship was entirely bogus in the first place and only entered into in order to gain admission into the UK.

Mind you, the UKBA has on numerous occasions shown itself to be quite capable of arriving at bizarre decisions as demonstrated in this forum. I suppose it would not be beyond the realm of possibility that an immigration officer somewhere in Britain could refuse on the basis suggested by Vinny although he would have to be either particularly stupid or woefully ignorant of the rules.

Mmmm..... perhaps it is not that unlikely after all.

[vinny]

Grieving widow detained on way to husband's funeral:

Tuesday, April 21, 2009, 15:59

THE GRIEVING Thai widow of a popular Newquay fisherman was interrogated at immigration for five hours while her husband's body was transported home.

Distraught Thipwaree 'Oum' Paksi, who lost her husband of three years Stephen West in a biking accident in Thailand on March 27, thought she would never make it to his funeral.

Stephen, 37, and Oum, 31, had lived together in Thailand and Newquay and she was desperate to bring him back to Newquay to rest.

When she landed at terminal four at Heathrow airport on Sunday, April 12 she was hauled into the immigration department where she was searched and questioned about her journey to the UK. She said: "I was scared and nervous because I didn't understand what was going on or why they had stopped me.

"I can't believe the awful people in immigration; they're heartless.

"I wanted to bring him back here because he's English and he would want to rest at his home; if I had known it would be like this I would have laid him to rest in Thailand; it would've been a lot more peaceful."

Her friend Sasithorn Screech, who owns the Lotus Thai restaurant on Cheltenham Place, had travelled to Heathrow to collect Oum and bring her back to Newquay for the funeral.

Sasithorn said: "Oum had two months left on her visa but when I spoke to the lady in immigration she said that because her husband had died Oum's visa was cancelled immediately.

"I said 'her husbands body has landed, this is impossible; have some respect for him; she's bought someone's body all the way back from Thailand and your going to send her back?'

"They treated her like a criminal."

After hours of grilling, Oum was finally let into the country after an immigration advisor intervened, because of 'considerable compelling and compassionate circumstances'.

Stephen, who moved to Newquay from Birmingham as a child, was a keen fisherman who was well known around the harbour and the town and loved Thailand, where he frequently holidayed before meeting Oum in 2001.

Oum said: "He enjoyed his life so much and he would always get on with everybody.

"My family liked him, he would get on with everybody, he was a very friendly person.

"He enjoyed being free like a bird and liked travelling and working in the open, especially fishing.

"When he was in Thailand he liked to do gardening, play with the dogs and ride motorbikes."

His funeral took place at St Michael's Church on Wednesday, April 15 before he was buried at Fairpark Cemetery.

Immigration advisor Ralph Davies, an ex-immigration officer who is dealing with Oum's case, said: "The Border Agency changing their mind and allowing her in to the UK does not detract from the fact that she was initially refused entry.

"She was detained for five hours, during which time she was subjected to examination whilst her husband was being carted off in a hearse, and this on top of the uncertainty that she would be able to attend his funeral.

"What happened really is Kafkaesque and beyond belief."

A spokesman for the UK Border Agency said: "Before allowing someone entry to the UK, immigration officers may question them to clarify their immigration status or to explain how further applications can be made in-country.

"People are not able to 'switch' their entry clearance on arrival in the UK – this should be done either before travel or after entry."

[Electra]

I wonder if I will win the lottery..........

[snuggzzz]

Vinney, it appears that the Widow was attempting to change status on entering...?? OR Perhaps, that was what the UKBA have recorded. Rightly her admission was granted having provided proof of marriage etc., I think anyone coming through UKBA will probably suffer similar questioning as to entitlement for entry.

I would imagine that having someone who is related that can inform the authorities of the circumstances of her return would be helpful.. Was the body subject to a Coroner's Court, he having died accidentally whilst in Thailand....??

Wishing the Widow and his family, sincerest condolences. May he Rest in Peace.