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T1E settlement - what would happen in case of applicant's decease

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mapreader
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T1E settlement - what would happen in case of applicant's decease

Post by mapreader » Thu Aug 16, 2018 10:55 pm

As we all know T1E settlement is a process of few years.

May I check, in case the applicant passed away during the period, what would happen to the dependant visas (for the applicant's spouse, son/daughter).

1. Would the visas still be valid and they could still stay up to the original granted period?
(Suppose they did not leave UK during the period).
2. If they would leave UK, can they come back using the dependant visas?
3. Would there be any ways they could pursue to continue the settlement in the UK (i read in another thread about article 8 section 55 human rights, or can the spouse inherit the business investment and T1E applicant role?)

If there is any link for the official procedures it would be good reference.

I hope no one would get into such situation. But, just like life insurance, would like to beware of the situation (which is a worst case scenario) and accommodate as proper.

Thanks a lot.

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zimba
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Re: T1E settlement - what would happen in case of applicant's decease

Post by zimba » Fri Aug 17, 2018 3:04 am

A person here as a tier 1 dependent is just that, a dependent. If the main migrant dies, then the dependent's leave to remain is no longer valid. If UKVI were to find out that the main migrant had died then they could curtail the dependent's leave.
If the dependent qualifies for leave in any other category then they may apply to switch into that category, although PBS dependants cannot switch to become main applicants in the UK. Unfortunately I think if the dependent doesn't qualify for leave to remain in their own right in another category then they would need to return home.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: T1E settlement - what would happen in case of applicant's decease

Post by mapreader » Tue Aug 21, 2018 10:43 pm

Thanks Zimba for your advice.

I can understand your points. Just that I thought in many cases the entrepreneur investment were the asset of the family. Therefore I wondered if the rule would accommodate in case of applicant's decease.

But I can see - law is law, and even if there can be discretion it totally depends on the government.

Probably a pragmatic way is to consider having a life insurance policy for the applicant, with pay-out amount that can allow the dependant to re-apply visas (Tier 1 Entrepreneur, or Tier 1 Investor).

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