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Tamari Kokrashvili
Tamari Kokrashvili, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 341
Experience:  OISC, LLB (Hons) with International Law, Foundation in the UK Law
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I would like to know if I'm eligible to get a residence card

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Hi. I would like to know if I'm eligible to get a residence card if my husband is a UK citizen. Thank you
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I'm a Belarusian citizen. At the moment I'm in the UK with my husband Trevor James who is a UK citizen, and our daughter Olivia James who has a certificate of the right of abode in the UK. My visitor visa runs out on November, 21, 2019. I have applied and paid for another visitor visa, but I couldn't visit the Visa center in Minsk, because my husband had to leave Belarus urgently as he didn't feel that it was safe for him and our daughter to stay in the country any longer.
My husband is looking for a permanent full time job right now and our daughter is going to start school as soon as possible. I can't apply for a long term family visa right now as we don't have financial grounds to support my application. Moreover, as far as I know I will have to go back to Belarus to apply for a new visa, which will make it impossible for my husband to work full time and take care of our daughter taking her to school, etc. But, according to information we have, every child in the UK with rights as a cjtizen, has the right to be cared for by both parents. And it will take me about a month to go to Belarus, get a visa, and come back.
My questions are: is there any possibility for me to get at least a 6-month visa without going back to Belarus, what type of visa should I apply for, and, am I still able to use the visa fees I paid for at the beginning of October and get it from the UK?
JA: PayPal, Debitcard or credit card are all fine.
Customer: 123
JA: Have you talked to a lawyer about the visitor visa?
Customer: To get a new visitor visa I need to go out of the UK to apply. I can't do it because my family situation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. Thank you

Good morning and thanks for your question today.

Unfortunately, you are not allowed to extend a visitor visa from inside the UK. Answer to your question is yes you need to leave the UK and apply from outside. Although, if there are significant reasons why you are not able to travel you can still try and make a spouse visa application from inside the country and ask the Home Office to exercise the discretion and grant a visa but success rate may not be high in this situation, also considering your husband is still not working.

Please let me know if you have any questions.

Customer: replied 15 days ago.
What type of visa should I apply for in this case?

Only one option at the moment you have is spouse visa but outside the rules, as I see.

But again the success rate is low.

Is there anything else I can help with?

Customer: replied 15 days ago.
So, what about a residence card? Can I apply for it or not?

I am sorry but which residence card do you mean?

You are a Citizen of Belarus, Belarus is not part of EU, you are not eligible for a residence card under EU law.

Do you have any other nationality?

Customer: replied 15 days ago.
Who this form is for:
You may be able to apply online at https://visas-immigration.service.gov.uk/product/eea-qp. Use
this application form if you are unable to apply online and you wish to apply for a registration
certificate (if you’re an EEA national) or residence card (if you’re a non-EEA national) as either:
• the family member of a relevant EEA national
• a person who is no longer the family member of a relevant EEA national but you’ve retained
your right of residence under EU law
• the family member of a British citizen who you lived with in another EEA Member State before
returning to the UK (‘Surinder Singh’ judgment)

This is what I am asking. Belarus is not part of the European Union and you have told us that your husband is British National. Do you or your husband have any other nationalities?

Customer: replied 15 days ago.
No. We don't. As I understand from the information above.a non-EEA national (which I am) can apply for residence card. I just don't know if I can apply on the grounds that my husband is the UK citizen who lives in the UK. Before we lived in Belarus, which isn't an EEA country/

Yes, this is what I am trying to tell you. If your husband has lived to another country which was part of the EU then potentially you could apply but in your case, I am afraid it is not possible to do so.

Hello?

Customer: replied 15 days ago.
We also were told that I can apply for FLR (HRO) because we don't have financial grounds to apply for a family visa at the moment and even to pay all the needed fees or to buy tickets for me to get back to Belarus. Moreover, It takes about 12 weeks to make a decision which means I have to leave my husband and my daughter for at least three months. My daughter doesn't go to school yet, because there are no free spaces in schools near us. So, my husband either won't be able to work or if he finds work he'll have to pay for a child minder for our daughter, which he can't afford either. So, my daughter and my husband are allowed to live in the UK, but they are not allowed to have their wife and mother here with them. It's a very strange situation for such a highly developed country as GB. We didn't even have such problems in Belarus ((((

I am very sorry, I totally understand your frustration and I do agree that rules are quite taff in this sense. Only one thing you can do at the moment is to make an application to the Home Office based outside the immigration rules and see what decision they will make. I would advise though you to hire a good lawyer to assist you with this.

Customer: replied 15 days ago.
Leave outside the Immigration Rules
How UK Visas and Immigration deals with applications to grant leave outside the Immigration Rules.
Details
This guidance tells UK Visas and Immigration when it may be appropriate to exercise discretion to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds). Are you sure I can apply for it as my ground is family situation?
Customer: replied 15 days ago.
As I said, we don't have financial means even to pay the visa fees. My husband is looking for work and the money that he has available is just enough for a couple of months of living in the UK. And he won't be able to work if I have to go back to Belarus and our daughter is not going to school. He is 58, so, he won't even be able to get a loan. I'm afraid he won't be able to pay a solicitor ((((

the success rate is low I have already advised you this before twice and in general you need to leave to UK and reapply from outside the country. I totally understand your situation and I am very sorry that you are in a difficult situation but I must advise as it stands now.

Customer: replied 15 days ago.
Can I stay in the UK while the decision is made? If I apply now, but my valid visa runs out November, 21

while the application is pending you can remain in the UK. but if it refused you may be treated as an overstayer.

I would appreciate if you can give me a positive rating for today's assistance as it is crucial for me to maintain my services as it stands now.

Thanks in advance!

 

 

Customer: replied 15 days ago.
How can I do it? I'm on the phone right now. Can I give you a feedback a bit later when I can use my computer?

Sure, no problem but please do not forget as it is very important for me. Thank you

Customer: replied 15 days ago.
Okay ��

This is a kind reminder if you can provide a positive rating please.

Tamari Kokrashvili and 5 other Immigration Law Specialists are ready to help you
Customer: replied 14 days ago.
Hi. I remember, but I haven't turned my computer yet. Still can't understand how to it ((
Only can see a green field that I have to provide feedback, but I can't do anything to it. I'll try on my computer

Thank you