Death of EU Spouse

The death of a spouse with EU Nationality brings particular immigration issues. Without a valid visa, the surviving spouse would be required to leave the country. However, following recent EU Judicial rulings, it is possible for the spouse to remain in Belgium AFTER the death of their partner. This ruling is based largely on the principle that it is considered unfair and prejudicial for the surviving non-EU partner to be forced to leave the country simply because of their partner's death.

There are some conditions, though:

- the marriage must have lasted for at least 3 years; AND
- You must have spent at least 1 of those 3 years in Belgium.

If you have had children under the age of 18, the principle remains the same. In such a case, the nationality of the child would be a factor and whether it has residency rights in Belgium.

Because this solution is based on the outcome of a judicial case from the EU Courts, it is not entirely straightforward. The engagement of an Immigration partner is recommended.

Ask Philip Gamble whether you (or your children) have a claim to British nationality.

ASK PHILIP GAMBLE NOW!
Learn more about these routes to British Nationality:

WhatPassport.com is a specialist UK Nationality and British Citizenship site offering an online search and assessment. Claims to hold a British Passport can be complex and the site offers a quick, simple search to give you the answers. While many people qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, we have found that if you have a grandparent born in the UK, or if your mother is British or your father is British, then there are several scenarios where you can claim British Nationality and the right to hold a British Passport. This stems from Britain’s collection of British Colonies, British Protectorates and British Protected States in the middle of last century and the Nationality rules concerning what are now the countries of the Commonwealth.