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Bereavement Visa - Widow received UK PR

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sanjayrocks
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Bereavement Visa - Widow received UK PR

Post by sanjayrocks » Tue May 08, 2012 8:16 am

Hi,

I am asking this question on behalf of someone I know. She married a British citizen and received the 2 years dependant visa. Unfortunately the husband passed away and she was able to receive the PR under bereavement section.

Its been 2+ years she is on PR and she has applied her widowed father to come to UK under settlement visa.

Few days back she received a called from her father's country immigration asking her,

1) How she got the PR. She told she applied under bereavement visa submitting the required documents through a solicitor.

When she was applying for her father's visa she didn't submit the death certificate of her passed away husband as the solicitor said its not needed as now she is with her new partner(partner is dependant on her visa).

Immigration office said he feels something is not Ok so he will request her file from UK immigration. Doesn't the visa office know that there is a bereavement visa category.

Now she is very worried about this? Even everything is genuine she is worried. Some one has told her recently that the UK immigration can cancel her PR. IS THAT TRUE? Will immigration interrogate her? Will this also affect her partner visa too.

Also this is delaying her father's settlement visa.

Any comments about the above situation???

Thanks in advance

John
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Location: Birmingham, England
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Post by John » Tue May 08, 2012 8:26 am

The widow's ILR visa would have been granted under para 287(b) of the Immigration Rules.
John

sanjayrocks
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Post by sanjayrocks » Tue May 08, 2012 8:55 am

Hi John,

Thanks for the speedy response.

If that is the case why they want to get her file from Uk and check again.

Some people has given wrong advice that immigration will cancel her PR.
Is that true?

Thanks

John wrote:The widow's ILR visa would have been granted under para 287(b) of the Immigration Rules.

John
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Post by John » Tue May 08, 2012 10:08 am

An overseas British Mission will rarely see anything to do with a Para 287(b) application. Maybe more staff training needed?

Her ILR cancelled? If all the conditions mentioned in Para 287(b) were complied with, there is no reason for that visa to be cancelled.
John

sanjayrocks
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Post by sanjayrocks » Tue May 08, 2012 10:18 am

Hi John,

Maybe the overseas staff need training as obviously the lady got the visa after submitting the documents and after the home office analysis of them.

Even when her partner applied for the unmarried partner visa she provided the details about her passed away husband(maybe this time because she didnt submit the death certificate) the visa office in the overseas office might have wondered how she got PR after the ex husband passed away.(But cant he see the stamp in the passport) and judge it.


This lady is worried due to the way the immigration office spoke to her over the phone.(He has told her that he suspects something is wrong and he will get the file from the UK immigration and check) So she is worried they will find some reason and try to cancel her PR. Once someone received the PR can immigration cancel it.


THANK YOU VERY MUCH AGAIN FOR YOUR WORTHY RESPONSE
John wrote:An overseas British Mission will rarely see anything to do with a Para 287(b) application. Maybe more staff training needed?

Her ILR cancelled? If all the conditions mentioned in Para 287(b) were complied with, there is no reason for that visa to be cancelled.

Greenie
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Post by Greenie » Tue May 08, 2012 3:22 pm

ILR can only be revoked if it was obtained by deception or if the it is deemed conducive to the public good for the person to be deported (usually if they have committed a serious criminal offence) so on the basis of the information you have given she has nothing to worry about.

sanjayrocks
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Post by sanjayrocks » Tue May 08, 2012 3:26 pm

Thanks for the info. Why they say they want to check her file in uk as they feel something not right..Is it because she didnt submit her ex husband death certificate. ?

Thanks

Greenie wrote:ILR can only be revoked if it was obtained by deception or if the it is deemed conducive to the public good for the person to be deported (usually if they have committed a serious criminal offence) so on the basis of the information you have given she has nothing to worry about.

pennylessinindia
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Post by pennylessinindia » Tue May 08, 2012 6:33 pm

sanjayrocks wrote:Thanks for the info. Why they say they want to check her file in uk as they feel something not right..Is it because she didnt submit her ex husband death certificate. ?

Thanks

Greenie wrote:ILR can only be revoked if it was obtained by deception or if the it is deemed conducive to the public good for the person to be deported (usually if they have committed a serious criminal offence) so on the basis of the information you have given she has nothing to worry about.
May be the do not think the visa is genuine? If it was issued genuinely then there is nothing for her to worry about
pennyless

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