How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Vineet S Your Own Question
Vineet S
Vineet S,
Category: Immigration Law
Satisfied Customers: 2663
Experience:  Freelance Solicitor at Self Employed
60556257
Type Your Immigration Law Question Here...
Vineet S is online now

My husband & I arrived in the UK in March 2019 on a 5 year

This answer was rated:

Good morning my husband & I arrived in the UK in March 2019 on a 5 year ancestral visa.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Apologies I pressed the wrong button, As I previously stated, we arrived in the UK in March 2019 on a 5 year ancestral visa, my husband being the main sponsor. My son and his family have been living here for approximately 8 years and have applied for citizenship. Sadly my husband passed away in January 2019. I spoke to an immigration lawyer about my status regarding me staying in the UK and was told I could not remain. I have been trying to get back to South Africa without much luck as every time I make a booking, a few weeks later it is cancelled. My question is whether I am able to live and work in the UK?
JA: Have you talked to a lawyer about the visa?
Customer: I did speak to a lawyer and was told because I piggy-backed on my husband's visa, I could not remain.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Hi there,

Sorry to hear about your loss.

Could you please confirm if your husband has ILR ?

How old is your son ?

Customer: replied 10 days ago.
I have not taken any steps as yet. Any paperwork filed with the UK government would have been filed by the agent who assisted us with the visa. I am still in the UK until I manage to get a flight out. I'm a South African citizen.

If your husband had ILR ?

and how old is your son?

Please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Kindly note, I am not available for phone calls at the moment, however I can easily further assist you via this online chat.

Customer: replied 10 days ago.
I don't have a credit card, only a debit card

Please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

You do not have to pay anything extra for this online answer.

Customer: replied 10 days ago.
My husband did not have ILR

If your son is minor and British, then you can apply as a parent of a British child.

If your son is adult, then he can apply for a dependent visa for you, though it is very challenging to get dependent visa for parents,

Theoretically, the only adult that is eligible to join you in the UK is your partner or spouse.

There is an exception for parents who cannot care for themselves they may be able to apply to come to the UK on a Dependent Visa. However, this isn't a straightforward option, and they will be required to prove that they cannot look after themselves in order for them to be able to come to the UK to live with and be cared for by you.

As, your husband did not have ILR, you can not extend your stay here in the UK on the basis of your late husband.

The other option, is to apply for discretionary leave to let you stay in the UK on the basis of your private life, on human grounds.

Vineet S and other Immigration Law Specialists are ready to help you
Customer: replied 5 days ago.
thank you, ***** ***** receive your reply advising that I couldn’t stay in the UK because my husband did not have ILR. I am trying to fly back to South Africa but my ticket has been cancelled 6 times already due to Covid. I am now scheduled to fly the 24th July, but this may also change.

Hi there,

IF you are unable to return to your home country due to COVID 19 , then you can submit your request for an exceptional assurance by emailing *****@******.*** with the following details:

  • full name

  • date of birth

  • nationality

  • Home Office, GWF or any other reference number

  • type of visa

  • expiry date of visa

  • reason for request

  • evidence of flight or evidence showing reason you can’t leave

The subject header of your email should read “Request for an assurance”.

Thank you.