The loss of a loved one brings emotional pain, compounded by legal and administrative complications. When an expatriate with a primary visa passes away, their dependents often face significant legal uncertainties. What happens to their visa status? What are their options for remaining in the host country?
Stay options for the dependent spouse
Dealing with visa formalities can be particularly challenging during the mourning period. The death of an expatriate while abroad adds another layer of difficulty. The dependent partner must navigate the host country's administrative procedures on their own. The guidelines provided here are general, and it is strongly recommended that you contact your host country's immigration services and your embassy or consulate as soon as possible.
Dependent visa
Those holding a dependent visa or a family visa issued based on the initial applicant's status may lose their right to stay in the country upon the expatriate's death. These visas are automatically canceled, affecting both adults and minors. Consequently, dependents may be required to leave the country. However, there can be exceptions for holders of a Golden Visa.
Extended stay for Golden Visa holders
Family members who entered the host country with the deceased expat's Golden Visa may be allowed to stay, depending on the visa's terms. For instance, Greece's Golden Visa enables family members to retain their residency rights. The dependent spouse should check if the deceased left a will, naming them an heir to maintain their home. Consulting a lawyer for realestate matters is essential. In the United Arab Emirates (UAE), a recent reform allows the family to keep their visa after the sponsor's death, with the visa extendable once without needing a new sponsor.
Spouse visa
Expatriates married to a citizen or permanent resident of the host country are generally better protected. Their visa often remains valid even after the spouse's death. For instance, UK and French laws protect the holder of a spouse visa, allowing for visa renewal even after the partner's death. However, if the spouse visa application was pending at the time of death, the expatriate might not be eligible for the visa.
In the UK, a spouse visa can be granted in the case of a marriage with a British citizen or permanent resident, covering various partnerships, including civil unions and long-term relationships akin to marriage. The surviving partner can apply for indefinite leave to remain, costing £4,778 per person.
Managing inheritance matters as an expat
While preparing for a move to a foreign country, one might not consider inheritance issues. It's crucial to understand family protection rules in case of the visa holder's death (the expatriate sponsor). Countries have diverse approaches to visas and international inheritance laws.
Inheritance laws are typically governed by the host country's legislation unless a will specifies otherwise. However, many people, including expatriates, do not create a will, especially if they are still working.
Inheritance matters in the UAE
In the UAE, Sharia law (Islamic law) applies. Article 17 of the UAE Civil Code states that inheritance is governed by the law of the deceased's nationality at the time of death. This law must acknowledge jurisdiction; some countries' laws defer to the last country of residence, as is the case with French law, thereby applying Islamic law here.
Under Islamic law, the dependent spouse inherits only 1/8 of the deceased's estate, with the remainder distributed among family members (1/6 each). Sons receive twice as much as daughters. This affects the dependent spouse's rights significantly, including having no claim over accounts or assets in the deceased's name.
How to protect your expat family
Keep in mind that it's not about fearing the worst but anticipating potential situations that might arise in a foreign country. Just as expatriates are advised to take out life insurance (a preferred investment, distinct from death insurance), it's beneficial for the visa holder to draft a will both in their home country and host country. European expatriates can use the European Succession Regulation of August 17, 2015, which allows them to choose the law of their home country for succession matters instead of the law of their last place of residence.
To protect the partner, opening a bank account and registering property in their name in the host country is also advisable.
