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Advise on when the EU sponsor passes away

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  • LAWYER RESPONSE Advise on when the EU sponsor passes away

    My EU spouse and I (non EU) have been in the county for 3 years now. I came on the EEA family permit got my Residence Card. We both got our pre settled status. We have been married for 23 years. My husband sadly passed away this year. My questions are:
    1) Do I now have to apply for the Retained right of Residence knowing that the Residence Card won't be valid after 30th June 2021?
    2) Is my Pre-settled status affected now that my sponsor has passed away?
    3) Should I apply for 'Retained Right of Residence' when applying for my Settled Status?
    Thank you.

  • #2
    Originally posted by london2021 View Post
    My EU spouse and I (non EU) have been in the county for 3 years now. I came on the EEA family permit got my Residence Card. We both got our pre settled status. We have been married for 23 years. My husband sadly passed away this year. My questions are:
    1) Do I now have to apply for the Retained right of Residence knowing that the Residence Card won't be valid after 30th June 2021?
    2) Is my Pre-settled status affected now that my sponsor has passed away?
    3) Should I apply for 'Retained Right of Residence' when applying for my Settled Status?
    Thank you.
    Afternoon,

    I'm very sorry to hear this.

    Louis M (lawyer) Would you be able to comment? It is my understanding they wouldn't need to apply under retained rights until the time comes to apply for settled status.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Thank you for from response, Admin. Awaiting the lawyers comments.

      Comment


      • #4
        Tim M (lawyer) Would you be able to comment?

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          my condolences on your loss. was your husband working in the UK ?

          I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

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          • #6
            Originally posted by Tim M View Post
            my condolences on your loss. was your husband working in the UK ?
            london2021

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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            • #7
              Yes he was working, but he lost his job during the lockdown.

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              • #8
                Originally posted by london2021 View Post
                Yes he was working, but he lost his job during the lockdown.
                Tim M

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  that should be ok if you can show he was working for a period.

                  I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

                  Comment


                  • #10
                    this is what the rules state to acquire SS when the EU citizen has passed away

                    (a) The applicant is a family member of a relevant EEA citizen; and
                    (b) The relevant EEA citizen has died and was resident in the UK as a worker or self-employed person at the time of their death; and
                    (c) The relevant EEA citizen was resident in the UK and Islands for a continuous qualifying period of at least two years immediately before dying, or the death was the result of an accident at work or an occupational disease; and
                    (d) The applicant was resident in the UK with the relevant EEA citizen immediately before their death; and
                    (e) Since the death of the relevant EEA citizen, no supervening event has occurred

                    I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

                    Comment


                    • #11
                      Thank you for your assistance. Greatly appreciated.

                      Comment


                      • #12
                        Originally posted by london2021 View Post
                        Thank you for your assistance. Greatly appreciated.
                        Best of luck and do keep us posted!

                        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                        Comment

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