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TK Legal
TK Legal, Solicitor
Category: Law
Satisfied Customers: 241
Experience:  LLB, MCIArb
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I know of a girl who has just recently become a widow within

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Hi. I know of a young girl who has just recently become a widow within my distant family. She and her husband had a love marriage whilst she was in Pakistan. They married and he brought her to live with him in the UK in the family house. Non of his wider family accepted her due to her "cast" and it went against their "family honour" but tolerated her for his sake. It's so sad. I just learnt today, the whole family are being awful to her, they are insisting she leaves the family home. She has no-one to turn to. Her husband only passed away two weeks ago and she hasn't even been able to grieve properly. I can't believe how people can be so non-compassionate and vile. She's even had to call the police on them once when they were all ganging up on her to hand over her deceased husband's phone and she was refusing to. The Police said it was a civil matter so could not do anything. The family have told her she is not entitled to anything. She doesn't even have a proper visa yet as was still due to apply so is not sure what she would even be entitled to. She doesn't work, doesn't speak English and is so scared. They even sold his car without her permission and pocketed all the money. She has asked them for his Death certificate and they have refused to provide. I am truly shocked. I only found out because I managed to get hold of her number to check up on her as I hadn't been able to pay my condolences, and she ended up pouring her heart out to me. I couldn't believe what I was hearing. But I do not know the law so thought I would seek help on her behalf. Firstly she came on a spouse visa and does not have permanent right to stay in uk - will this go against her or will she be able to work around this? 2nd, can they force her to leave the family home? She's really fearful that something may happen to her if she doesn't listen to them (I've told her to stay put and stand her ground as there are laws in UK).
JA: What steps has the husband taken? Have they filed any papers in family court?
Customer: Her husband has died. That's the issue. Just need to know what steps she can take.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does the husband live in?
Customer: Really sorry. I have just written a lengthy explanation of the awful situation a young widow is going through. Please can I request someone is able to respond back after they have had an opportunity to digest the information.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thank you.
Customer: replied 13 days ago.
Hi. I've made the payment
Hello dear,She should apply for indefinite leave to remain as she would qualify for that.
Here is the link to make the application:
https://www.gov.uk/visas-partner-dies
The fee for this application is £2389.In terms of staying with the in laws, she should make a non molestation order against them.
She can make the application online using the link below for free:
https://flows.courtnav.org.uk/registerShe can also get legal aid for this application.If the property is under her husband’s name, she will have automatic entitlement. You can help her to obtain another copy of the death certificate so she can make the immigration application ASAP. She will then have permanent leave to remain in the UK.
I hope that helps. I would appreciate if you could take just a second to provide a 5 star rating (at the top right of your screen). I'll be credited by Just Answer for my time spent responding to your question for which I'd be very grateful.If you need anything further, I am available for a follow up at no extra cost.
TK Legal and 2 other Law Specialists are ready to help you
Customer: replied 13 days ago.
Hi there.
Thank you for your advice. Much appreciated. In her current Immigration status, will she be entitled to apply for the widows benefit or any other type of benefit?
Im worried that her source of income was from her husband's business (he had a shop) but the family will be trying to sell that on now too and not let his wife benefit from any profit or income. She is literally penniless.
Will she be able to get legal aid for a lawyer to deal with:
A) Her visa application
B) If she wishes to hire a solicitor to look out for her interests so she can get what she is entitled to by law?
C) To advise her exactly which benefits if any she can apply for with her current immigration status?Kind regards
A) Legal aid for this application is not possible, but she will can claim for fee waiver given the nature of her exceptional circumstances. Please note this fee waiver is only for applications which raise human right issues.
B) She can go to citizen advice centre. However, she will be entitled to legal aid if she applies for non molestation order against the in laws.
C) She can make an application to the home office to lift no recourse to public funds. There are some charity organisations who might help her to some extent giving her some guidance.She will be entitled to bereavement benefit if NRPF is lifted by the home office.
https://www.gov.uk/bereavement-support-payment
I hope that helps.
Customer: replied 12 days ago.
Thank you for the clarification. I hope you don't mind but I may need to bounce off you now and then. I will ensure your advice is relayed and followed up.Thanks again. Much appreciated

No worries at all.

For future information, please start your question with ‘For TK Legal’.

You can always link to my profile for another question at a later time.

https://www.justanswer.co.uk/law/expert-tkabir/

Have a good day!

Kind regards, T.K.

Customer: replied 4 days ago.
Hi again. I hope you are well. Can you please advise.The young lady came to the UK as a spouse of her now deceased husband. They had a marriage certificate from Pakistan but did not follow up with a court marriage in the UK. Would this be a problem in terms of claiming rights under inheritance law?Also she has forwarded me proof of land registry which shows the house was on her deceased husband's name. Also forwarded last years mortgage statement on his name. Does this mean she will have automatic rights to the house. Once her solicitor takes on her case under legal aid would her solicitor be able to easily get the house transferred over to her name?For the moment she is refusing to leave, however what if the in-laws make her life so hell that she needs to find alternative accommodation, would she still be able to fight for the house?Also her deceased husband had a shop in his name plus had a good job in the City. Would she be entitled to money / a pension or some kind or benefit from them? Are these questions that a solicitor will be able to definitely answer for her on Legal Aid as she or we do not have the money to pay for a Solicitor.Thanks
Zaeda