KOPDRP

We have lots of questions. We have lived in US for 17 years. I am US citizen, husband is UK citizen. I had UK I.L.R. for about 9 years before we left. We want to go back to be near his family (his small grandkids). We have been married 23 years.

He has cancer. If the worst happens, do I have the right to return to the UK as his widow? We are asking because we can imagine getting everything sold here and being ready to go, then suddenly my husband dies and I am left in no man's land.

Very confused at this point. Anybody have any clue? Apologies if this has been answered before. Help!

BTW, we are both over 65.

Mummy in the foothills

Can you apply and move as soon as the visa for you comes through and then come back to close up the house once you've establish yourself as a UK resident? For some reason I feel I have read somewhere that as a widow you don't have any rights to live there if you aren't already there when he dies.
It sounds like a very sad situation and I hope you can both move to UK before anything else happens.

Bob

Hindsight, should have gotten citizenship when you had the chance.

Unfortunately, if he dies before you have ILR, you'd have no grounds to get it, no idea how it would work with leave to enter and the potential changes in the visa rules though.

Good luck to you guys and especially to your OH.

Squirrel

I concur, unlike the US there is no visa as the widow/widower of a UK citizen. So sorry you are going through this but I think it would be best if you move asap before the law possibly changes to 5 years for ILR as a spouse.

pennylessinindia

If you apply now you should get ILE and as someone else said apply travel then try and sort out things on another visit at a later date.

There are grounds for bereaved spouses to applyonce in the UK see http://www.ukba.homeoffice.gov.uk/po...ivil_partners/

roaringmouse

The OP wouldn't get ILE as they need to take the Life in the UK test in order to obtain that. What they would get, presuming the visa is granted, is a 27-month (KOL Required) visa, which gives the possibility of applying for ILR before the 2 years is up after entry (once the Life in the UK test has been passed).

Squirrel

Would the Returning Resident visa be any good in this case?

pennylessinindia

OP is exempt from Life in the UK as over 65 years of age

Returning Resident would be quite hard to show given time away from the UK and may be easier just to go for ILE