Widow of Deceased Briton wishes to live in the UK

[Jip99]

A Thai friend who is the widow of a UK citizen wishes to settle in the UK with her children (not British citizens).

She owns property in the UK and comfortably satisfies the financial requirements.

I cannot see on what basis she is entitled to apply for herself, and her children. - unless she finds herself a UK partner !!

[bobrussell]

Has she any direct link to the UK? Has she been living here? Visited?

I cannot see any route except on compassionate grounds and I cannot see immigration law offering compassion to a non-UK spouse settled outside the UK.

As I am sure you are aware ILR would have been almost guaranteed if she had settled in the UK, similarly opportunities arise when there are British children to be considered. None of these seem to apply.

Does she qualify for any benefits as a widow that might make life in Thailand better for the family? One for the qualified experts I fear!

[beano2274]

I think your friend will find that it is impossible, if she was in the UK upon her Husbands death she could have stayed using the compassionate way, but since it seems she is in Thailand, and we also do not know where her husband died, then she has no rights to reside in the UK.

[Briggsy]

If she "comfortably satisfies the financial requirements", she can apply for a Tier 1 (investor) visa. She requires to have access to at least £2,000,000 in investment funds.

[seancbk]

The kids may not be British Citizens but are they entitled to it?

If their father was born in the UK then surely as his children they are eligible, despite him being dead.

[Jip99]

The kids may not be British Citizens but are they entitled to it?

If their father was born in the UK then surely as his children they are eligible, despite him being dead.

Unfortunately not. The father was not British.

[Jip99]

Has she any direct link to the UK? Has she been living here? Visited?

I cannot see any route except on compassionate grounds and I cannot see immigration law offering compassion to a non-UK spouse settled outside the UK.

As I am sure you are aware ILR would have been almost guaranteed if she had settled in the UK, similarly opportunities arise when there are British children to be considered. None of these seem to apply.

Does she qualify for any benefits as a widow that might make life in Thailand better for the family? One for the qualified experts I fear!

Thanks Bob.

Yes,she has had a Bereavement Payment and receives Widowed Parents Allowance.

[ubonjoe]

Two off topic posts and a reply to them have been removed.

[jacky54]

Father not British, she's not and the kids are not, so how does she own property in the UK?

[Eff1n2ret]

Father not British, she's not and the kids are not, so how does she own property in the UK?

That does not mean she's never visited the UK or bought property there, or simply been willed it by her late husband. There is no bar to foreigners buying property in the UK, large parts of central London and elsewhere appear to be owned by foreigners these days.

[jacky54]

Hence the prices!

[Absolut]

Hence the prices!

Same thing happening in many western countries, you have to actually give a thumbs up to the Thais and their stance on foreigners not being allowed to own their land, though a resident in my opinion should be allowed to. I wish my home country took a stronger line on non resident foreigners buying up house and land.

OP, apologies for going off topic, I hope your friend can find her way to a place she wants to and feels secure in settling down in.

[robertthebruce]

Why does she want to settle in the ''UK'' ????

[ubonjoe]

Two off topic posts and a reply to them have been removed.

And again.

[7by7]

As Bob says, if she was already living in the UK with a settlement visa or FLR as the spouse of a settled person or British citizen who then died she could apply for ILR as a bereaved spouse, and, if they are under 18, her children could apply as her dependants.

As it appears from what you say that she was not, then I'm afraid this is not possible.

Also, as Bob also says, if her children were British, and under 18, then they would have the right to live in the UK and she could have applied to settle in the UK as their primary carer; but they are not.

She may be able to obtain ILR if she enters the UK by other means, such as the Tier 1 (entrepreneur) visa mentioned by Briggsy, but that is not guaranteed.

Edited November 21, 2015 by 7by7

[superdome]

shes got some front...

[GOLDBUGGY]

I can't see this being easy without Family Sponsorship. I know a mother of father or brother or sister can sponsor her, but I am not so sure if they are In-laws. But she can check.

Without that I would say her chances are very slim at best.

[7by7]

What you suggest, Goldbuggy, is an Adult Dependent Visa.

The criteria for this are very strict.

You must be financially dependent on a parent, grandchild, brother, sister, son or daughter of someone living permanently in the UK.

You must prove that:

• you need long-term care to do everyday personal and household tasks
• the care you need is not available or affordable in the country you live in
• the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years
• you’re 18 or over.

We don't know about her health, but from what Jip99 says in the OP she is certainly not financially dependent on anyone and if she did need long term care can certainly afford to pay for it herself in Thailand.