Immigrationboards.com

Here is the sad story of my friend's family.

Husband came here in 2003 as PHD student. wife and son came in 2004 as dependant.
Husband graduated in July 2007, and then worked on work permit, swiched to T1 in 2009 worked for the same company. wife and son is on dependant visa, their current visa is valid until Sept 2012. the whole family is due to apply PR in June 2012 for what they has been waiting for 8 years but the sudden death of the husband ruined the plan and brought the family into misery.

additional information:
wife worked from 2005 till 2008. son is currently studying in university of scotland and due to graduate in 2013.

Please advice if anybody heard any similiar case that give evidence they may be stillable to apply PR in this case, or any suggestion that they can extend their current stay in uk

Thank you very much indeed for any info that may bring hope to the poor family after the loss of their dearest

there is no provision in the immigration rules for dependents of PBS migrants to apply for ILR in their own right following the death of the main migrant (unless they meet the long residence category requirements, which they do not). the best they can hope for is that that the could be granted ILR outside the rules or failing that discretionary leave ouside the rules on human rights/compassionate grounds. they need to seek legal advice urgently on their situation.

Thank you very much for your reply.
Do you or anybody else on the board know any specific law firm that has good reputation or experience in dealing case like this?
please give your recommendation.
The family is devastating and desperate for help

where do the family live?

Does the wife have an income currently? Do they have substantial savings?

they live in Belfast at the moment. Wife is not working. quited in 2009 to take care of the husband when his condition deterioated at that time.

They have certain amount of money and willing to seek help from any respectful lawer

Please can anybody recommend a firm with good reputation for dealing case like this?

Many thanks in advance

qz2012 wrote:Please can anybody recommend a firm with good reputation for dealing case like this?

Many thanks in advance

The Law Centre Northern Ireland have a good reputation but you have to be referred by another organisation. I would suggest contacting them and they can tell you where you should go first

http://www.lawcentreni.org/


You could also try the Belfast Migrant Centre for initial advice:

http://belfastmigrantcentre.org/

Thank you so much Greenie!

I will pass the info to my friend and hopefully they can win the case.

Thanks again

The family should contact their local MP for help. This would be a case for which some sort of Home Office discretion would have to apply.

The immigration rules only allow ILR to be granted to a bereaved spouse if they are the partner of someone settled in the UK who dies during the 'probationary' period.

It does not apply to those with limited leave to remain.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See section 5.

Unless someone knows more it would appear that only discretionary leave to remain is an option. A specialist immigration lawyer should be consulted.