Confusion Over Settlement/visitor Visa In Uk

[newstart07]

Hi all,

Please can someone clarify this for me...

My TW's UK friend has been in the UK on fiance visa and got married last month in the UK. She has told my wife now her husband has applied for a settlement visa and should have it in about month. Hmm can she apply for a settlement from the UK whilst on fiance visa, I thought she had to apply in person in Bangkok??

Also dont know wether u guys know the answer to this one or not, my and my Thai wife both have life insurance for 150k, if we both die(ie plane crash) as I have no family left in the UK, would her family get it by default? Or at all even if we put it in a will?

Thanks in advance

newstart

[CharlieB]

Hi all,

Please can someone clarify this for me...

My TW's UK friend has been in the UK on fiance visa and got married last month in the UK. She has told my wife now her husband has applied for a settlement visa and should have it in about month. Hmm can she apply for a settlement from the UK whilst on fiance visa, I thought she had to apply in person in Bangkok??

Also dont know wether u guys know the answer to this one or not, my and my Thai wife both have life insurance for 150k, if we both die(ie plane crash) as I have no family left in the UK, would her family get it by default? Or at all even if we put it in a will?

Thanks in advance

newstart

Your friends husband has to apply for an FLR (Further Leave to Remain) for her. I'm not sure if she has maybe got this mixed up with a settlement visa or he has done somethign wrong. Best to check and clarify with him before taking any other action.

I would guess that the insurance money could go to your in-laws, but I would have to specify it in your will to make sure that whoever you want to get it is able to be traced.

[7by7]

There are various types of settlement application, some made in the UK (e.g. FLR, ILR) some made outside the UK (e.g. fiance visa, spouse visa.)

Some are for a limited time (6 months for a fiance visa) others (e.g.ILR) are indefinite.

A fiance visa lasts 6 months during which time the holder travels to the UK and marries their British resident fiance. After the marriage they apply for Further Leave to Remain using form FLR(M). It sounds like this is what your wife's friend has done.

FLR lasts for 2 years and at the end of this (assuming they qualify) they apply for Indefinite Leave to Remain. If they don't qualify for ILR they apply for another 2 year FLR.

I don't know about Thai law, but as far as the UK is concerned the death benefit from a life insurance or assurance is paid into the policy holder's estate. What happens to it after that depends on whether the policyholder has made a will or not. If they have, then it is paid out according to the instructions in the will.

If no will then I believe it is paid to the nearest surviving relative; shared equally if there are more than one of these. If the deceased's partner survives then it would go to them, if not then downward, children first, then grandchildren etc. If none of these then sideways, surviving siblings and so on.

Things can get complicated if both partners die simultaneously and there are no surviving children, grand children etc.

All this, of course, after the taxman has taken his cut!

That's my understanding, but I'm not a lawyer.

One thing is certain, though. To ensure it goes where you want it to go; Make a will!

Edited July 25, 2009 by 7by7

[ThaiVisaExpress]

Yes she is applying for FLR in the UK and will be issued with a 2 year settlement visa.

[newstart07]

Thanks CharlieB and 7by7 appreciate your time and effort on the answers, I now must go back with egg on my face and apologise to my wife who I said her friend must go back to TL to get a settlement visa LOL oh well moral to that story is stick to selling cars and not become a immigration lawyer

[newstart07]

Ta Thai Visa!