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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Law Question Here...
UKSolicitorJA is online now

I am a widow,bereaved while preparing to leave SA with my late

Customer Question

I am a widow,bereaved while preparing to leave SA with my late husband, a British citizen,and received permission to live in the UK on an ancestral visa(via my British grandfather). I have been living on my savings,which are now almost exhausted.I live alone and care for my grandson during holidays and at sporadic intervals-this I do without payment.This renders me unable to consider or access permanent employment.I have not worked for 35yrs and am 71yrs old. The SA pension/annuity I receive as the widow of my late husband is R5,900 per month,which at the present exchange rate is approximately £300 per month.I have no other income.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.
My ancestral visa states 'no access to public funds', but I need some benefits/assistance to manage living costs. My savings will be exhausted in 3months and my family, son who is separated from his wife cannot support me.Mychild care for my grandson,their child is needed to avoid sourcing other care costs.Is it possible to change my status regarding benefits?
Expert:  Jo C. replied 2 years ago.
Are you still on a visa?
Customer: replied 2 years ago.
Yes,still on an ancestral visa--arrived in UK on's valid until July 19th,2018. Married on 2-9-78,husband passed away 25-11-2011. He was born in Kent on 2-6-44.Lived in UK until 1947 with parents,then relocated to SA.( His late Father was WW2 veteran..RAF,mother South African). My late Husband and I were relocating to UK to join family-our son is a British citizen,obtained British passport in 2005 through father's citizenship.( I was born in SA on 23-9-44. Acquired my visa as my Mother's Father was British. If my husband living, would be on spousal visa).
Expert:  Jo C. replied 2 years ago.
In that case I'm afraid you are still bound by it.
I'm very sorry but I'm afraid that no recourse to public funds means that benefits cannot be claimed.
You can always make an application but that will be the answer I'm afraid.
I'm very sorry.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thankyou very much for your reply. May I ask if you have considered ' Set 'O' April.2015 --guidance notes for
application for Leave to Remain' as a possibility on my behalf,as this is all I am hoping to achieve or some form of permanent residence to be expedited,as opposed to waiting another 3 years. Alternatively,is it possible to consult an officer in the Immigration Department e.g. apply for an interview and request a personal review of my particular circumstances?
Expert:  Jo C. replied 2 years ago.
I don't do immigration I'm afraid.
I will opt out for others.
Customer: replied 2 years ago.
Thankyou very much for your assistance. It is much appreciated and I understand that you are opting out for others.
However,I cannot afford to pay another fee for a live phone call,so if I can ask further questions within this time frame,and continue online,I would be grateful. Thankyou.
Expert:  Nicola-mod replied 2 years ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected. You do not have to make a phone call and there will be no further charges.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Hello Nicola,
I thank you,and wish you to continue your search please. I am happy to wait longer for an answer if this is necessary as I am really anxious to obtain the best possible advice.
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Customer: replied 2 years ago.
Thank you,Nicola. This is much appreciated.
Expert:  UKSolicitorJA replied 2 years ago.
I am afraid you would not normally qualify for indefinite leave to remain until your current visa ends in 2018.
Once you get indefinite leave to remain, using form SET(O), you would have full access to public funds.
You may qualify for bereavement allowance, see here for further information
Applying for SET(O) now will poverty likely lead to a refusal, and I would not advise you to do that. You may want to consider part time work in a charity shop or similar to help you make ends meet. You may also approach charities to see if you can get assistance from them in any way.
Please remember to leave feedback
Customer: replied 2 years ago.
Thankyou very much for your advice and looking into the application probability,using Set (O). I appreciate the risk of refusal. I may have 1 or 2 further questions later,if I may ask for you again.
Customer: replied 2 years ago.
I hope you received my reply as I have problems with my computer! (I have tried to 'send' the reply several times!)
Expert:  UKSolicitorJA replied 2 years ago.
Thank you. I have noted your reply. Please leave feedback. I will be happy to answer any further questions which you may have later.
Customer: replied 2 years ago.
Thankyou..much appreciated. I could not ask for better assistance,from yourself,from Jo.C and from Nicola. I will not forget to do the ratings at the finish,but wish to leave my options open as long as possible.
Expert:  UKSolicitorJA replied 2 years ago.
Thank you