What if you get married and UK spouse dies?

Hypothetical situation: 

You marry a Brit and then he dies.  Does it matter how long you have been married and/or how much money and property he leaves you to determine if you can stay?  Examples: 

1. You have been married two years, you don't work or work part time and he dies, leaving you a well off widow. 

2. You've been married five years and he isn't terribly well off but you are working legally in the UK minimally supporting yourself.

Is there a cut off date or monetary minimum you must meet in order to continue to live legally in the UK?

If you have been married 5 years in the UK, then the US spouse should have ILR, and can stay as long as they like. 

If they've been married less than 2 years, and the US spouse is still on LLR, then they can apply for ILR as a bereaved spouse, and the finances don't matter. 

There have been 2 UKY members who got ILR as bereaved spouses, look at the posts of Lisapower and Oddityess for details about their application processes. 

If someone is on a spouse visa or FLR(M) when their UK spouse dies then they need to apply ASAP (when death certificate is issued) for Indefinite Leave to Remain on form SET(O). This application can now be done through the post OR in person processing at a PEO.

No Financial information is required and the person is not required to take the life in the UK test.

Now if the spouse has passed away and the remaining spouse has ILR or once the SET(O) has been issued for Naturalisation as a British Citizen you will be subject to the Standard Requirements for Naturalisation which mean 5 years residence in the UK as opposed to the 3 years residence requirement for those who are spouses of British Citizens. You will also need to take & pass the Life in the UK test for Naturalisation.

It does not matter how long you have been married or what your fianancial situation is like. If you hold ILR and your spouse dies you are entitled to whatever fianancial assistace you are eligible to from the Government just as any UK Citizen would be. If you only hold a spouse visa or FLR(M) you are restricted from claiming any benefits until you have your SET(O) ILR.

Try not to die outside the UK.

Tuesday, April 21, 2009, 15:59

THE GRIEVING Thai widow of a popular Newquay fisherman was interrogated at immigration for five hours while her husband's body was transported home.

Distraught Thipwaree 'Oum' Paksi, who lost her husband of three years Stephen West in a biking accident in Thailand on March 27, thought she would never make it to his funeral.

Stephen, 37, and Oum, 31, had lived together in Thailand and Newquay and she was desperate to bring him back to Newquay to rest.

When she landed at terminal four at Heathrow airport on Sunday, April 12 she was hauled into the immigration department where she was searched and questioned about her journey to the UK. She said: "I was scared and nervous because I didn't understand what was going on or why they had stopped me.

"I can't believe the awful people in immigration; they're heartless.

"I wanted to bring him back here because he's English and he would want to rest at his home; if I had known it would be like this I would have laid him to rest in Thailand; it would've been a lot more peaceful."

Her friend Sasithorn Screech, who owns the Lotus Thai restaurant on Cheltenham Place, had travelled to Heathrow to collect Oum and bring her back to Newquay for the funeral.

Sasithorn said: "Oum had two months left on her visa but when I spoke to the lady in immigration she said that because her husband had died Oum's visa was cancelled immediately.

"I said 'her husbands body has landed, this is impossible; have some respect for him; she's bought someone's body all the way back from Thailand and your going to send her back?'

"They treated her like a criminal."

After hours of grilling, Oum was finally let into the country after an immigration advisor intervened, because of 'considerable compelling and compassionate circumstances'.

Stephen, who moved to Newquay from Birmingham as a child, was a keen fisherman who was well known around the harbour and the town and loved Thailand, where he frequently holidayed before meeting Oum in 2001.

Oum said: "He enjoyed his life so much and he would always get on with everybody.

"My family liked him, he would get on with everybody, he was a very friendly person.

"He enjoyed being free like a bird and liked travelling and working in the open, especially fishing.

"When he was in Thailand he liked to do gardening, play with the dogs and ride motorbikes."

His funeral took place at St Michael's Church on Wednesday, April 15 before he was buried at Fairpark Cemetery.

Immigration advisor Ralph Davies, an ex-immigration officer who is dealing with Oum's case, said: "The Border Agency changing their mind and allowing her in to the UK does not detract from the fact that she was initially refused entry.

"She was detained for five hours, during which time she was subjected to examination whilst her husband was being carted off in a hearse, and this on top of the uncertainty that she would be able to attend his funeral.

"What happened really is Kafkaesque and beyond belief."

A spokesman for the UK Border Agency said: "Before allowing someone entry to the UK, immigration officers may question them to clarify their immigration status or to explain how further applications can be made in-country.

"People are not able to 'switch' their entry clearance on arrival in the UK – this should be done either before travel or after entry."

LadyP, I was on FLR when my husband passed away.  It was quite terrifying for awhile as I was unsure if I would be able to stay in the UK in our home or not.  It took about four months to receive my ILR and even though I had plenty of reassurances here, the fact is, until you have that ILR in hand, you tend to doubt. 
I sent in the application and my passport right after his death.  Prior to that, I was a stay at home full time care giver for my husband.  I have never held a job in the UK.  Fortunately, he left me enough money to get by on for awhile, as with my passport gone, I could not look for work. 

The application itself was very simple.  I did not have to submit any financial info or work history.  All I had to show was that the relationship was subsisting at the time of his death and his death certificate. 
I now have to have 5 years of residency as weby pointed out.  That really sucks.  I was initially eligible for naturalisation in April of 2011.

If your partner has paid NI contributions, a widow should be entitled to widow benefits as this is not considered public funds, so even if you don't have your ILR yet, you are still entitled to this payment.  You are also entitled to a lump sum for funeral costs.

It's beneficial to know that any bank accounts or credit cards in the name of the deceased will be closed.  It is your duty to present the death certificate to all interested parties in order to facilitate this.  My husband had his own bank account which was closed.  Luckily, we also had a shared account.  They left this account alone, with the exception of removing his name.  As long as the deceased's debts are satisfied, the remaining money will go to the surviving spouse.  If there are debts in the deceased's name which can not be satisfied, they will be wiped away.

It is important to know that this info does NOT apply to those on a fiance visa, as that is a temporary status.  You do not get automatic ILR if your partner dies while on this visa.  You might very well have to leave the country in this case. 

This application can now be done through the post OR in person processing at a PEO.

WebyJ, it may have changed since I applied, but I was told that a set (O) based on bereaved spouse was not a straightforward app and HAD to apply by mail. I really wished I had been able to apply in person as the waiting was tortuous

WebyJ, it may have changed since I applied, but I was told that a set (O) based on bereaved spouse was not a straightforward app and HAD to apply by mail. I really wished I had been able to apply in person as the waiting was tortuous

It appears that it has changed. According to the SET(O) page:

You cannot apply in person if you are currently in one of the following categories:

■Tier 1 (Entrepreneur)
■Tier 1 (Investor)
■businessperson
■innovator
■investor
■self-employed lawyer

And the guide for form SET(O):

The premium service is not available for applications
as a businessperson, innovator, investor, self-employed lawyer, Tier 1 (Entrepreneur) migrant or Tier 1 (Investor) migrant or on the grounds of long residence.

So it looks like they've changed the guidance that now allows bereved partners to apply in person.