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Posted (edited)

If my wife applied for a long term visa, as in 5 years or so, and during that time, I died, what happens to that Visa, does it become invalid or not? Even if my mother was sponsoring? It still would be a family visa as my wife is related to my mother by marrying me or am I misguided?

Edited by beano2274
Posted (edited)

Bereavement of a partner she would get indefinite leave to remain.

Paragraphs 287( b ) make provision for spouses, who are bereaved during the

probationary period to be granted indefinite leave to remain in the UK, provided that

the marriage was subsisting at the time of the sponsor's death.

Edited by 7by7
Link added
Posted

Are you talking about a settlement visa or a visit one?

If she is living in the UK with you on a settlement visa then she can apply immediately for ILR without having to complete the probationary period or satisfy KOL. As far as i can see, this will not be affected by the proposed changes.

See If your husband, wife, civil partner or other partner has died

If a visit visa, I'm not sure. The reason for her visiting the UK, her British spouse, would no longer exist. So would this be treated as a change of circumstances which canceled the visa?

Hope it doesn't happen, though!

Posted

I was presuming he was talking about a visit visa, I doubt it would automatically be canceled.

I think the only time it would be scrutinized is at "port of entry", if Beano's wife was questioned on arrival and UKBA became aware of his departure from this world the visa would be canceled but I doubt if she had plausible reason to be visiting his relatives or getting his affairs sorted, but I hope they would not be so insensitive enough as to refuse her entry on that occasion.

Posted

I was presuming he was talking about a visit visa, I doubt it would automatically be canceled.

I think the only time it would be scrutinized is at "port of entry", if Beano's wife was questioned on arrival and UKBA became aware of his departure from this world the visa would be canceled but I doubt if she had plausible reason to be visiting his relatives or getting his affairs sorted, but I hope they would not be so insensitive enough as to refuse her entry on that occasion.

You are talking about the UK Border Agency who in some cases are not noted for their sensitivity but their ability to remain within the box rules.

Posted (edited)

It would be long term visitor visa (5 year thing).

I live in Thailand, and like I said she would be using the family visit visa to visit my mum.

Edited by beano2274

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