Non eu wife of card holder eu family member uk

[Ayesha0044]

Hi i am too much worried about my spouse visa I am non eu and from Pakistan .my husband living in uk on eu family member 5 year residence card and having eu national child custody.his ex wife also living in uk but they got divorced last year and my husband merry with me after divorce and living with his eu national son. Could my husband sponser me in uk?

[kamoe]

Could my husband sponser me in uk?

Since your husband is not an EU national, then no, they cannot be your sponsor.

[Ayesha0044]

My husband have court custody letter of his eu national child. I will show my dependency on him.will show bank statement, money transfer etc. Is there any chance for family extended visa??

[kamoe]

Is there any chance for family extended visa??

As clearly explained in the official guidelines for EEA residence cards, here: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

There it says:

You can apply as an extended family member if you’re either:

the unmarried partner of the EEA national and you’re in a lasting relationship with them that’s similar to a marriage or civil partnership

a relative of the EEA national (or of their spouse or civil partner) but you do not qualify as their family member

Relatives include brothers or sisters, aunts or uncles, nephews or nieces and cousins. Relatives can also include grandchildren, parents and grandparents if the EEA national only has the right to reside as a student.

You, as the applicant, are none of the above to your husband's EU son. This means you cannot apply through the EU route.

One option is for your husband to apply for permanent residence, then when he gets it, you can apply for a Family Visa: https://www.gov.uk/uk-family-visa/partner-spouse (Again, this is not the EU route).

[Alinacarolina]

Is there any chance for family extended visa??

As clearly explained in the official guidelines for EEA residence cards, here: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

There it says:

You can apply as an extended family member if you’re either:

the unmarried partner of the EEA national and you’re in a lasting relationship with them that’s similar to a marriage or civil partnership

a relative of the EEA national (or of their spouse or civil partner) but you do not qualify as their family member

Relatives include brothers or sisters, aunts or uncles, nephews or nieces and cousins. Relatives can also include grandchildren, parents and grandparents if the EEA national only has the right to reside as a student.

You, as the applicant, are none of the above to your husband's EU son. This means you cannot apply through the EU route.

One option is for your husband to apply for permanent residence, then when he gets it, you can apply for a Family Visa: https://www.gov.uk/uk-family-visa/partner-spouse (Again, this is not the EU route).

Hi
What if the hisband has settled status? As mentioned in the section "rights of settled status" if you have settled status you can bring your close family. It does not say that it is only for EU citizens. Non-EU citizens can have settled status too. And I am guessing NON-EU with settled status will have same rights.

[kamoe]

What if the hisband has settled status? As mentioned in the section "rights of settled status" if you have settled status you can bring your close family. It does not say that it is only for EU citizens. Non-EU citizens can have settled status too. And I am guessing NON-EU with settled status will have same rights.

Read my last paragraph about their options. That's what I'm saying (Settled Status, as in equivalent to Permanent Residence).

[Ayesha0044]

Thanks a lot for ur reply.
My husband have custody of eu child and doing full time job have health insurance and he never apply for any benefits. Am dependent on him.a lawyer said that he can apply extended family visa for me bcz I depend on him and his son also depends on him.

[Bouchra9782]

Hi guys,

Dear,
Im a belgian who recebtly acquired settled status under the settlement scheme pilot (no residence card issued just confirmation letter)
Im marrying a non-visa national (mexican) in may and wondering whether
A) apply for EEA Family permit as he can enter freely without visa into UK
And/or
B) apply for a UK residence card upon arrival on the basis of family member of a EEA national
In addition, the application for UK residence should be completed as me being a permanent resident even if i havnt been issued a residence card or as a qualified person?

Thanks

[Alinacarolina]

What if the hisband has settled status? As mentioned in the section "rights of settled status" if you have settled status you can bring your close family. It does not say that it is only for EU citizens. Non-EU citizens can have settled status too. And I am guessing NON-EU with settled status will have same rights.

Read my last paragraph about their options. That's what I'm saying (Settled Status, as in equivalent to Permanent Residence).

Please read the following, what you mentioned is completely different route. I am talking about non-EU national with settled status and their rights (Not EU national rights)
"Your rights with settled status
If you have settled status you can stay in the UK as long as you like.

You can also:

apply for British citizenship, if you’re eligible
work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if you’re eligible for them
travel in and out of the UK
You can also bring close family members to the UK after 31 December 2020 if both of the following apply:

your relationship with them began before 31 December 2020
you are still in the relationship when they apply to join you
If your relationship with them began after 31 December 2020, your family member will be able to come here on a family visa.

Any children born in the UK while you’re living here will automatically be British citizens.

You should be able to spend up to 5 years in a row outside the UK without losing your settled status."

[Ayesha0044]

Thanks a lot for ur reply.
My husband have custody of eu child and doing full time job have health insurance and he never apply for any benefits. Am dependent on him.a lawyer said that he can apply extended family visa for me bcz I depend on him and his son also depends on him.

REPLY ME PLZ

[kamoe]

What if the hisband has settled status? As mentioned in the section "rights of settled status" if you have settled status you can bring your close family. It does not say that it is only for EU citizens. Non-EU citizens can have settled status too. And I am guessing NON-EU with settled status will have same rights.

Read my last paragraph about their options. That's what I'm saying (Settled Status, as in equivalent to Permanent Residence).

Please read the following, what you mentioned is completely different route. I am talking about non-EU national with settled status and their rights (Not EU national rights)

We are basically expressing the same idea: the husband is a non-EU resident, that's clear, we agree. If you look at the first post it says the husband does not have settled status (has only a RC for 5 years). What I've been saying is, he needs to FIRST get some form of ILR, either through Settled Status or Permanent Residence (or maybe some other route). THEN the author of this post can apply on the basis of their husband, when all of the rights you mention will apply. And what I've been saying is also that this application will not be through a EU route (because the husband is not EU). I think that's the same you want to express?

[kamoe]

Thanks a lot for ur reply.
My husband have custody of eu child and doing full time job have health insurance and he never apply for any benefits. Am dependent on him.a lawyer said that he can apply extended family visa for me bcz I depend on him and his son also depends on him.

REPLY ME PLZ

Not sure what else we can say here. (If someone has another angle, please share). From my point of view, as I already explained above, your husband first needs to get some form of permanent residence, settled status, ILR, before you can apply to join him. I can't see how else your application can be successful (but again, someone corrects me if I'm wrong). The rationale being, if he's not already a permanent resident and has a dependent spouse abroad, why is he living in the UK? Why not live abroad with son and wife? (That will likely be the question from the caseworker).

Good luck.

[Ayesha0044]

Thanks for replay.
My husband living uk bcz his ex eu national wife is also there in uk and child go to visit his mother every weakened as court order my husband can't bring child anyother country without permission of his eu mother. That why solicitor give us hope for extended family member visa.

[kamoe]

Thanks for replay.
My husband living uk bcz his ex eu national wife is also there in uk and child go to visit his mother every weakened as court order my husband can't bring child anyother country without permission of his eu mother. That why solicitor give us hope for extended family member visa.

Your situation is complex.

For an extended family card you NEED:

a) a EU sponsor
b) That the applicant is related to the sponsor in one of the ways described in my previous post above.

Since your husband is not a EU citizen, and his son is not related to you, I'm not sure why your solicitor gave you hope.

Again, there might be another angle I'm missing and in that case I would say ask for a second opinion. Ask another solucitor.

[Ayesha0044]

Thanx for ur reply.
But am sure everyone have their own circumstances and HO give visa according to individual Circumstances.
As my brother is on uk 2.5 year residence card on base of his British national son.my brother wife died she was British.my brother is not British and non eu.but he sponser mother from Pakistan and she got 5 year parent visit visa.

[Alinacarolina]

What if the hisband has settled status? As mentioned in the section "rights of settled status" if you have settled status you can bring your close family. It does not say that it is only for EU citizens. Non-EU citizens can have settled status too. And I am guessing NON-EU with settled status will have same rights.

Read my last paragraph about their options. That's what I'm saying (Settled Status, as in equivalent to Permanent Residence).

Please read the following, what you mentioned is completely different route. I am talking about non-EU national with settled status and their rights (Not EU national rights)

We are basically expressing the same idea: the husband is a non-EU resident, that's clear, we agree. If you look at the first post it says the husband does not have settled status (has only a RC for 5 years). What I've been saying is, he needs to FIRST get some form of ILR, either through Settled Status or Permanent Residence (or maybe some other route). THEN the author of this post can apply on the basis of their husband, when all of the rights you mention will apply. And what I've been saying is also that this application will not be through a EU route (because the husband is not EU). I think that's the same you want to express?

I am agree with you that husband has to apply settled status first then he can sponsor wife. The difference is only the fee here. If husband has settled status and he goes via family route then spouse has to pay £1500+IHS fee but if after settled status he has same right which I mentioned above (only if I am right which I am not sure) then its only £65. I hope you understand my point now.

Thanks

[kamoe]

Thanx for ur reply.
But am sure everyone have their own circumstances and HO give visa according to individual Circumstances.
As my brother is on uk 2.5 year residence card on base of his British national son.my brother wife died she was British.my brother is not British and non EU. but he sponser mother from Pakistan and she got 5 year parent visit visa.

Note that:

a) Your brother's case went through family of British national, not family of EU citizen, route.
b) The mother is the grandparent of the British kid.

You are not related to your husband's son, while your mother is related to your brother's son.

Might or might not explain it, and might or might not make a difference.

All I can say is, looks like your best option is to focus on your husband getting permanent residence, for now.
You say he's on a 5-year Residence Card, yet he divorced? How come? A divorce from his EU spouse would normally invalidate his card, and he should be on a Retained Right of residence card. Is that what you meant? Since when has he had it? When does it expire?

[Ayesha0044]

Thanks for replay.
Yes his retained right of residence card.will expire after 3 years.my hope is just bcz of dependency.his son dependent on him and me too.

[Ayesha0044]

Can he apply any other type of visit visa for me??

[kamoe]

Yes his retained right of residence card.will expire after 3 years.

When did he get it?

[kamoe]

Can he apply any other type of visit visa for me??

As I already said:

One option is for your husband to apply for permanent residence, then when he gets it, you can apply for a Family Visa: https://www.gov.uk/uk-family-visa/partner-spouse (Again, this is not the EU route).

Just so is clear, when I say Permanent Residence I mean any form of indefinite leave to remain in the UK that he's eligible for (either through the EU route via Settled Status, or another route).

But your application after this will NOT be through the EU route.