Question on Settltment in UK for my ex wife

A strange question but one I always wondered what would actually happen,

Scenario

My ex wife and I have a child together, he has a British passport and birth certificate but currently reside in the Philippines,.

If I died would my ex still be able to get a visa to go to the UK, I.e. Settlement visa or anything else?

I always wondered if she got a visit visa and went but decided once she was there not to go back, could she claim she has a right to stay based on the fact that our son is British?


Not trying to be morbid just something I have always thought about

Does your ex wife have a British passport?

Nope just a Phil passport, she only had visit visa's as I always worked overseas

She would still need to be sponsored by somebody in the UK.

As a British Citizen, of course your son will always have free access to this country (but must make sure that his documents are kept safe and up to date).

Yeah she should have no problems obtaining the visit visa had many before ( and between her own finances and sponsorship from my family in the event in not there she should be ok .
My question is if she decided to stay could they actually throw her out of the country or would she be able to claim a right to live based on our child . Not going to be breaking the law just trying to understand if she did what the implications could be.

You appear to be confused.

How could she 'choose' to stay ?

Without a settlement visa in her passport, she would merely be a visitor/tourist...regardless of the nationality of her child, and would have to leave the country upon the expiry of her visitor visa.

how old is your son ? once he is of working age--he could get a job here--then could his mother apply for a settlement visa as a dependant relative ?

She would be applying for a derivative right of residence under European law Zambrano first for a family permit free and then for a residence card £65 plus 19 biometrics

https://www.gov.uk/derivative-right-residence/overview

http://www.immigrationboards.com/ee...ukba-announces-its-interpretation-t86713.html

Graham I disagree with your post Europe defends its citizens rights to live within its frontiers

Sometimes, Keith, people can be so PC.

Thanks for the correction and the links. Good to know that it is an avenue for the mothers of our British Citizen children. I think maybe they have recently changed the rules on this then ?

That's good to know, at least if all else was to fail that could be an option , thanks for all the posts