Immigration question:
I am Ukraininan citizen, but I have temporary residence permit in Cyprus, where we lived with my husband, who is british. When my husband was diagnosed cancer, he came to UK to receive treatment. I was granted 6 month EEA Family Permit visa and joined my husband to look after him during treatment. As situated developed very badly, my husband is terminal, we can not go back to Cyprus, I applied to Uk Border Agency to extend my stay here with FLR(M) visa application.My application was refused, I have to leave the country and there is no right to appeal.All doctors letters about husband's health condition and that I am his solo care were not taken into consideration. I was said that I don't have any basis to stay here and advised to make spause visa application from Ukraine. But I even didn't live in my country for last years as my marriaged life was in Cyprus.My husband is seriously ill, he receives cancer treatment and he needs my everyday care. I can not leave him alone and go Ukraine or to Cyprus, waiting for visa decision for monthes and monthes. What to do??? Help me please.
Responses:
Fraz Butt's response
Thank you for your posting.
I appreciate that your particular set of circumstances are highly sensitive and so I will try to address your query as best possible.
While Ukraine is a country in Europe, it is not part of the member states of the European Union and so all Ukrainian citizens are classified as non-European Nationals. I understand your husband is a British national. Also, you were granted entry clearance to the UK as a family member of an EEA national. You state this was issued to you through a 6 month EEA family visa permit.
It appears you may have exhausted most options and appeal rights to extend your stay in the UK.
That said it may be possible for you to apply for a spouse visa on the basis that your husband is a person present and settled in the UK. Further information from you is necessary before confirming this advice - particularly in relation to the length of time you have been married to your husband. Please note that this option may require you to leave the country to avoid breaching the conditions of your stay in the UK. However I will need further information before confirming this advice to you.
An alternative possibility may encompass an application based on your basic human rights, highlighting the compassionate circumstances of your husband’s terminal illness and citing your right to a private and family life in the UK. Again, I would need further details before I can confirm this advice definitively as the best course of action to take for you.
Please feel free to get in touch with our office if you require further legal assistance in the matter on 0207 725 7117 or visit see the following web-links for further information:
http://www.saracenssolicitors.co.uk/forms/private/privateclients.html
http://www.saracenssolicitors.co.uk/forms/commercial/commercialclients.html
http://www.saracenssolicitors.co.uk/
I wish you the best of luck on your situation. Fraz.
(Saracens Solicitors are international solicitors in London. Servicing clients worldwide, building relationships and trust through understanding).
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