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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Dear Sir/Madame, I hope you will be able to advise me on

Resolved Question:

Dear Sir/Madame,

I hope you will be able to advise me on the further plan of actions.
I, the undersigned Mrs Irina James, have been a British Citizen for the past 18 years since my marriage to Mr XXXXX XXXXX in January 1996. (Currently I work as a Science Teacher in the Catholic Independent school and my husband is an Aircraft Engineer. We have only one child. We own a 4 bedroom house in Guildford, Surrey, and have approximately 100,000 in savings - I am providing this information in case it may be relevant)..
My Mum, Valentyna Lagutina, born in 1947, who is a citizen of Ukraine , is currently staying with our family on a 6 months visitor’s visa. She has a plane ticket back to Kiev on the 5th of July 2014, the day that her 6 months visa expires. Since I am the only child and both, my mother and myself, have been diagnosed with cancer in the past, we do like to spend as much time together as legally allowed by immigration laws. Since my mother arrived in the UK , back in January 2014, we thought that she will be going back on July, the 5th and did not envisage any problems.
However, due to current events in Ukraine , I do not feel that my mother can safely return to her permanent place of residence.
Please let me assure you that I am not using the situation in Ukraine as an excuse to get my mother UK residency, as my father still remains in Ukraine and both of my parents, while they enjoy visiting me, would like to live in their own country, if their basic survival and safety there can be as guaranteed and as likely as of any of the British Citizen living in the UK. However, this can not be the case due to the following factors:
My parents (both my mother and my father ) live in the Eastern Ukraine in Luganskiy Region, the area that current Ukrainian government labelled as ‘separatists’, ‘terrorists’ and ‘pro-russian militants’. While at 65 years of age, my parents wouldn't like to get involved in politics, the simple fact that the place of her passport issue (stamped in my mother’s passport) indicates the place of her residency can be a threat to her life on her return journey to Ukraine in July. There are a lot of unofficial armed forces currently acting in Ukraine with particular hatred for the people from the Eastern regions of Ukraine (unfortunately, the news shown in the UK are rather limited and one-sided, (while from personal accounts of citizens in the Eastern Ukraine and Odessa, with whom I communicate through SKYPE and documented youtube accounts filmed by witnesses, as a native speaker, I do have a more accurate and fuller picture of true, unfortunate events taking place in my ex-homeland). These militants stop trains, cars and even buses that take people from Kiev’s International airport to the Kiev’s train station, search the passenger and their luggage under gun points and often feel free to confiscate any valuables from people under pretence of it ‘being expropriated for the needs of revolution’, humiliate or even assault people who they deem the enemy (which is currently anybody who can only speak Russian or comes from the Lugans and Doonesk regions). People who travel to the Eastern Ukraine and have any amount of money sometimes get accused of taking this money ‘to finance separatists’ and have money and other valuables confiscated.
A number of passenger cars driving to or from Luganskiy region have to get through the military block posts on the roads and civilians get frequently shot at.
Another problem is that, in the past my father used to buy a train ticket for my mother’s return journey from Kiev to Lugansk (you can only buy train tickets in Ukraine no earlier than 45 days before the intended travel date) and post it to us in the UK, so my mother can fly to Kiev and then catch the train on the same day (it is an 18 hour train journey from Kiev to Lugansk). Now, not a single letter posted by me from the UK to the Ukraine , and no letters posted from the Ukraine to the UK has ever reached its destination. It appears the Post is not working properly. Without the train ticket my mother would have no means of getting from Kiev to Lugansk, (the train which she normally takes has also been completely cancelled –due to Lugansk being ‘the separatists’ territory’ for the past few weeks and I don’t know if it would resume its service). Unfortunately, there is no other safe way for her to get from Kiev to Lugansk in the current millitary climate.
All I know is that I would be sending my mother to the war zone on the 5th of July with uncertain means of travel and no guarantee of even her reaching her home safely and I would blame myself if anything happens to her. I am extremely worried for the safety and wellbeing of my father as well, of course, but I am helpless to do anything about it, as it would be even more dangerous for him to travel to Kiev to the British Visa centre, as he does not really speak Ukrainian, and the man who speaks Russian and from the Eastern Regions of Ukraine would be in particular danger in Kiev and on the way there.
At the same time my mother does not wish to break any immigration rules as she hopes to visit me again in the future and would not like her visa refused on her future applications.
I would really appreciate your advice on the matter, as I value my family very much and would like to keep them safe.

I look forward to hearing from you,

Mrs Irina James.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.

UKSolicitorJA : Hello Irina,
UKSolicitorJA : It does appear that there is genuine concern for your mother's safety if she were to return back home on the 5th of July which is when her current visit visa expires.
UKSolicitorJA : i would advise that an application for further leave to remain be lodged before her current visa expires on the grounds that you have mentioned using for FLR(O) this will be an application for further leave to remain in the UK until such a time when your mother is able to return safely back home if the situation in Ukraine improves.
UKSolicitorJA : i would advise that an immigration solicitor be appointed to assist with the application as it will be for leave outside the immigration rules known as discretionary leave to remain. It will be asking the Home Office to use their discretion to grant further leave to remain here and you have said that you are able to accommodate and pay for her upkeep here without recourse to public funds.
UKSolicitorJA : It will be an application mainly focusing on Article 8 human rights grounds on the basis that it would be in breach of your mother's human rights to be sent back if her safety cannot be ensured.
UKSolicitorJA : can I help further please?

Yes, please. l know about this type of aplication -I have applied for it before, when I had been diagnosed with cancer and wanted my mother to stay with me for 6 months longer to help me through the surgery. This type of application -discreationally allowance to remain costs (5 years ago it did , probably, more now) £400 and the visa can be extended for minimum of 2 weeks, and the maximum of 6 months. If the situation in Ukraine does not improve (and it has been getting progressively worse so far, especially in the region to where my mother will be needing to return) then after 6 months she will still need to return. I was more interested to see if we could apply under the refugee scheme (without recourse to public funds) and wether we would have any chance?

Expert:  UKSolicitorJA replied 2 years ago.

I see that you wish to have your mother stay in the UK longer, from that you say about the situation on the ground in Ukraine, she should be able to get some form of further leave to remain or humanitarian protection, asylum may be more difficult.

I would advise you to appoint an immigration solicitor as soon as possible with a view to lodging an application before her current visa expires.

You may read more shout humanitarian protection criteria here

Hope this helps, please leave feedback
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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