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19th March 2012 #1
can a widowed Filipina be allowed to get married again while on spouse visa?
Hi everyone, I am asking this on behalf of my Filipina friend who has been widowed 2 months ago. She's been here in the UK since August 2011 on a spouse visa and her British husband died with lung cancer and multiple brain tumor last January. She preferred to stay and work here in the UK, and though she has no plans of marrying again too soon, she's not closing herself for that matter when the right time comes. Will she be allowed to get married again while on probationary period? If she'll stay widowed, is there a chance for her to get an ILR next year considering that her husband/sponsor is not here anymore? If she decides to spend a holiday in the Philippines, will she be allowed to enter UK again before her visa expires without her sponsor? Hope you can shed light on this matter,.
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19th March 2012 #2
got to work now, but yes, i think she should be able to stay and apply for ILR, i'll post the link later, unless terpe can find it first
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19th March 2012 #3
Yes she can apply for ILR using set(O)
http://www.ukba.homeoffice.gov.uk/vi...aved-partners/
This page is for people who have temporary permission to enter or remain in the UK as the partner of a British citizen or a person who is settled here. It explains how you can apply to settle here permanently if your partner dies.
You can apply to settle in the UK if:
- you currently have temporary permission to stay as the husband, wife or civil partner of a person present and settled here who has died; or
- you currently have temporary permission to stay as the unmarried or same-sex partner of a person present and settled here who has died, and you and your partner were still living together and intending to live permanently together at the time of their death.
If you meet these requirements, you can apply to settle in the UK using the SET(O) application form. You can apply immediately after your partner's death - you do not need to wait until you have been in th UK for a certain length of time.
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19th March 2012 #4
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19th March 2012 #5
Thanks Sir Joe and Rusty,.. will she be allowed to marry another man even before her spouse visa expires? if that happens, can she apply for ILR or back to spouse visa again?
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19th March 2012 #6
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19th March 2012 #7
- Join Date
- Jun 2011
- Location
- philippines
- Posts
- 203
- Rep Power
- 48
I remember a case in Philippines where a foreign national married to a Filipina and who had applied for a 13a residency visa,was widowed before his one year probation has expired. I dont know what was the outcome. I will try to find a link
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19th March 2012 #8
It states that "You can apply immediately after your partner's death - you do not need to wait until you have been in th UK for a certain length of time."
If she has the funds, she should apply now, then after she has her ILR she is free to marry whenever she wants.
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19th March 2012 #9
Thanks again Rusty,
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