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Greetings all,

I have been married for just over 1 year to a North American citizen (I am British). She is here (in the UK, with me) on a spouse visa, and she plans to obtain indefinite leave to remain once she has completed 2 years here.

Last year, we bought a house together (with a mortgage) and as part of this process, I took out a life insurance policy. I know that, in the normal course of events, the life insurance I have would pay my mortgage completely if I died. What I would like to know, however, is whether my wife (assuming I died before she had completed 2 years here and had obtained indefinite leave to remain) would be able to continue to live in our house (and without a mortgage).

Can anyone help with this conundrum?


Many thanks in advance,
Richard

P.S. Please ask me anything - I realise I may have left one or two details out.

5. BEREAVED SPOUSES

Paragraphs 287(b) make provision for spouses, who are bereaved during the probationary period to be granted indefinite leave to remain in the UK, provided that the marriage was subsisting at the time of the sponsor's death

Providing she was granted ILR under the above provisions in the first place, I don't see any reasons why she would not be entitled to live in the property the she owed with her husband. If the life insurance would cover the payments in case the husband dies, I don't see why she would not be able to live in the property after the life insurance company paid off the mortgage.

I think it will cause you a problem if for some reason you passed away and your wife is unable to get ILR because your marriage was not subsisting. If it was subsisting and can be proven, then you have nothing to worry about

Don't forget to make a will. You may want legal advice for that.

Thank you for the information, batleykhan. It is good to know that, should the worst happen, my wife would not be homeless.

Yes PaperPusher, I too thought it would be a good idea not to waste any time getting a Will, so that has all been taken care of


Thanks again,
Richard