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Posted

Uk guy has passed away in the UK and his Thai wife is residing in the UK with a two year visa (one year left to run aprox) can she stay in the UK until the end of the current visa or does she have to return to Thailand, she already has booked and paid for a flight to Thailand for a two week holiday in October this year for a month will this be a problem too ?

Many thanks for your replies and help in advance

Posted (edited)

Bereaved spouse she is entitled to ILR in the UK if her spouse has passed away and the relationship was still subsisting :

Information via the UK/BA.

The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;

the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and

(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and

(iii) the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and

(iv) each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death.

Regards Paul

Edited by ThaiVisaExpress

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