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Topic: Newly widowed; wondering about immigration status  (Read 1776 times)

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    • Just Frances
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Newly widowed; wondering about immigration status
« on: July 30, 2009, 11:46:38 PM »
I was living in Scotland studying when I met my English husband. We married in the states and had been happily living there together for four years when he died unexpectedly/suddenly three months ago.

We planned to return to the UK in the next couple of years, but hadn't started any immigration stuff. I really would like to return, because his family and friends are my family and friends and it was the place where I was always the most happy.

In my state of mourning and grief, I can't concentrate well enough to read through the Home Office site to find the information I need. So, does anyone here know if I am able to immigrate to the UK as the widow of a UK citizen? If you can help point me in the right direction, I would be grateful. (I've only ever held student visas in the UK.)


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Re: Newly widowed; wondering about immigration status
« Reply #1 on: July 30, 2009, 11:48:24 PM »
Oh, gosh, Frances...I am so sorry. I'm sure someone who knows what they're talking about will be along, but I had to say something, however useless.

My worst nightmare.


Re: Newly widowed; wondering about immigration status
« Reply #2 on: July 30, 2009, 11:52:32 PM »
I don't know the answer to your question, Frances, but just read this and wanted to send my condolensces.  Am so sorry to read of your loss.


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Re: Newly widowed; wondering about immigration status
« Reply #3 on: July 31, 2009, 12:09:45 AM »
I am so sorry for your loss.


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  • Britannicaine
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Re: Newly widowed; wondering about immigration status
« Reply #4 on: July 31, 2009, 12:13:52 AM »
I am sorry for your loss, and so, so sorry to have to say this, but I really don't think you can.  The Worldbridge information for husbands, wives and partners makes no mention of widowed spouses of UK citizens who aren't yet settled in the UK.  My understanding is that if you had already been settled here, they might have let you stay, but you won't be able to obtain entry clearance for settlement any more.  Immigration laws are heartless.  Is there any chance you could get a Tier 1, or even return as a student?  
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Newly widowed; wondering about immigration status
« Reply #5 on: July 31, 2009, 12:15:40 AM »
aye, indeed I am sorry for your loss
Exchange student visa 08/02 | Bunac visa 05/03 | Student visa 08/03 | Work visa 07/07  |  Married Stateside 27/09/09 | Spousal visa 04/11/09 | Returned to UK 5/12/09 | Settlement Visa (ILR) via post 05/12 | British Citizenship Checking Appointment 13/06/13 | Payment/Process notification 18/06/13 | British Citizenship approved 28/06/13 | Ceremony 21/08/2013 BRITISH CITIZEN!


Re: Newly widowed; wondering about immigration status
« Reply #6 on: July 31, 2009, 12:30:45 AM »

Frances, I don't know the answer to your question but I wanted to say that I am so very sorry for your loss! I remember when you guys moved back to be closer to your parents and how you always wished to move back to the UK in the future.

I hope you can find the answers and move back.


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Re: Newly widowed; wondering about immigration status
« Reply #7 on: July 31, 2009, 12:48:04 AM »
Oh Frances... I am so sorry. Back in the day, you were a great UKY member and like Jules, I remember when you moved back to the US. I do hope that you will be able to move wherever it is you want to...

(((hugs)))
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


Re: Newly widowed; wondering about immigration status
« Reply #8 on: July 31, 2009, 01:27:23 AM »
Bereavement is an in-country thing that requires an existing FLR.  When successful, the bereaved spouse switches from FLR to ILR.  There are no out-of-country provisions for bereaved spouses that deal with it as a circumstance unto itself.  You can have a look under Paragraph 317 to see if there's a qualifying sponsor.  Beyond that, there's nada.

Getting to extremes, you can also make an appeal directly to the SSHD, or even HM.  But the chances of success in these routes are so remote that they are academic anyway.

The general principle in all of this is that the couple lives in the place where their ties are the strongest, and for you that would be the US.  The concept makes sense.  Short of Paragraph 317, there's really no practical inward route.


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Re: Newly widowed; wondering about immigration status
« Reply #9 on: July 31, 2009, 01:55:41 AM »
I'm so sorry for your loss  [smiley=hug.gif]
"Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover." ~Mark Twain


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Re: Newly widowed; wondering about immigration status
« Reply #10 on: July 31, 2009, 08:23:39 AM »
Frances, I see you've already had your question answered but I just want to add my condolences, I'm so sorry.  I hope you can find a way to move back to the UK if that is what you still want.


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Re: Newly widowed; wondering about immigration status
« Reply #11 on: July 31, 2009, 09:21:48 AM »
Oh Frances, I am so very sorry for your loss.  I hope you can find a way through immigration nightmares.
I've never gotten food on my underpants!
Work permit (2007) to British Citizen (2014)
You're stuck with me!


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Re: Newly widowed; wondering about immigration status
« Reply #12 on: July 31, 2009, 09:40:58 AM »
I remember you too Frances and I just wanted to add my condolences and hope you can find a way to back here to the UK.


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Re: Newly widowed; wondering about immigration status
« Reply #13 on: July 31, 2009, 09:58:49 AM »
I see the question has been answered above, but I just wanted to add how sorry I am for your loss.


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Re: Newly widowed; wondering about immigration status
« Reply #14 on: July 31, 2009, 12:19:17 PM »
Frances, I am so very sorry for your loss. And even sorrier to hear that there is no easy way for you to return to the UK. My thoughts are with you during this difficult time.


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