G/f Having Baby In Uk But Visa As Run Out

[chazzer]

hi me and my are having a baby due in may. her visa run out 7 months ago i want to do everything legal same as g/f i have got application form immigration office to apply for extention to stay in the uk. till she as baby. i just wonder if i apply they would still send her back to thailand in the condition she in. we would both prefer for the baby to be born here in the uk. as any one been in this position or as anyone got any ideas as to what may happen.

[torrenova]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

Edited December 13, 2007 by torrenova

[sbk]

Moved to visas to other countries forum

[the scouser]

That your girlfriend is pregnant won't of itself secure her future in the U.K. Most airlines will carry pregnant women until about the 30-week stage, and the Border and Immigration Agency (BIA) may expect her to travel back to Thailand and apply for a settlement visa. If you have not demonstrably been together for at least two years, you would need to marry. Additionally, your girlfriwnd will not be entitled to NHS treatment save in an emergency. If the hospital authorities find out about her status, you could find yourself with a rather large bill.

My advice? Your girlfriend should return to Thailand now and apply for a settlement visa to return.

Scouse.

[Mahout Angrit]

You don't say what visa type it was but if it is a visitors visa then she is not entitled to any NHS treatment or even to consult a GP free of charge.

It's difficult to believe your comment when you say you want to do everything legal as she has already overstayed by 7 months.

I concur with previous advice that she should return to Thailand as soon as possible and apply for the correct Settlement visa. If she waits until her appeal is refused she may have no choice as to how and when she goes as they are likely to retain her passport. Don't expect any sympathy in view of her condition.

In any event hospitalisation costs for giving birth will be considerably cheaper in Thailand than UK if that is a concern of yours but if she is successful in her application for a settlement visa then on arrival in UK she will be entitled to NHS services.

Prolonging her stay wont help her cause because she will eventually have to return and maybe with a baby too.

[oldoldgit!!]

My wifes friend's Visit visa ran out five years ago she had a child in the UK four years ago and wants to be all legal now, it is costing her boyfriend a shed load of money for solicititor's fees and going to court to fight the Home Office.

She won her case six months ago but Home Office is still making it difficult for her to get her SV and has to keep going to Croydon to sort out little problems they keep finding, bad losers I suppose.

I think the best way is to go back to Thailand and start again, I guess the Embassy will make it very hard to get another Visa because of the overstay, but cheaper in the long run, you know Scouser makes sense.

Thanks SBK.

[chazzer]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

hi sorry no its not our fault we payed £1800 to a solisitors to sort this visa out back in feb and we have called him every month up until this month and all he as said that he as not heard nothing. so i called immigration myself and they told me that a letter was sent to the solisitors in march saying it had not been sucessful. so i called solisitor back and told him and he says he never recieved a letter. so i told immigration that but do they give a shit

[the scouser]

The BIA should have sent their letter out by recorded delivery. The best way to establish whether the solicitor is telling porkies is to ask the BIA for the RD number and run it through the Royal Mail tracking site.

Once the BIA has sent out the notice, either to you or your representative, it has fulfilled its responsibilities. As a consequence, it won't be concerned whether you received the notice or not.

Scouse.

[chazzer]

the solisitors are not being very helpful now the funds are run out

[chazzer]

the solisitors are not being very helpful now the funds are run out

and also we were doing a appeal for a refused extention work permit so no passport needed cause it s

done by her employer and the solisitor

[Mahout Angrit]

the solisitors are not being very helpful now the funds are run out

and also we were doing a appeal for a refused extention work permit so no passport needed cause it s

done by her employer and the solisitor

So was it a WP visa she was on? if so it's normal that if the WP is refused the visa will be cancelled. (In the case of your G/F it probably wasn't necessary as the visa expired with the WP). It is unfortunate that the solicitor gave you the impression that he could get UK WPs to change their mind, they rarely do.

Spending money on the solicitor has proved a waste and would have been better spent on an air ticket and new visa at the time, the best advice is don't waste any more as clearly the B & IA have made their decision. That you haven't received it through your chosen agent is not going to change their mind.

If she is lucky she could leave UK without the overstay being noticed as they don't routinely check passports on exit.

[chazzer]

the solisitors are not being very helpful now the funds are run out

and also we were doing a appeal for a refused extention work permit so no passport needed cause it s

done by her employer and the solisitor

So was it a WP visa she was on? if so it's normal that if the WP is refused the visa will be cancelled. (In the case of your G/F it probably wasn't necessary as the visa expired with the WP). It is unfortunate that the solicitor gave you the impression that he could get UK WPs to change their mind, they rarely do.

Spending money on the solicitor has proved a waste and would have been better spent on an air ticket and new visa at the time, the best advice is don't waste any more as clearly the B & IA have made their decision. That you haven't received it through your chosen agent is not going to change their mind.

If she is lucky she could leave UK without the overstay being noticed as they don't routinely check passports on exit.

ok thanks for your help still don,t know what to do for the best for the baby if it would be better if it was born in the uk or in thailand

[the scouser]

On the assumption that you'll be named on the child's birth certificate as the father, and that you are British and were born in the UK, where s/he is born will not have a bearing upon his/her entitlement to either British or Thai citizenship. It's then simply down to a question of cost.

Obviously you want your girlfriend to be with you, but in this instance, it is definitely better to bite the bullet and for her to return to Thailand in order to apply for a settlement visa. You never know, she could be lawfully back in the UK within a month or so. If she doesn't go back voluntarily, she'll risk being required to leave by the Immigration Service and, even if not caught, will be forever be looking over her shoulder which is no way to live, especially when she is also pregnant. Additionally, leaving voluntarily doesn't outweigh the overstaying, but it will get her some brownie points in the visa officer's eyes, whereas if she is turfed out by the IS, she'll face an uphill battle to come back at all.

Scouse.

[Mahout Angrit]

ok thanks for your help still don,t know what to do for the best for the baby if it would be better if it was born in the uk or in thailand

For the child's future or claim to nationality for either country it makes no difference where it will be born. The claim to nationality originates from it's parents not the place of birth.

As for medical care, I suggest not much difference either but if your funds are getting low you should seriously consider the fact that if she remains in UK illegally you could be faced with a frightening bill if the NHS become aware of her status in UK. In Thailand private hospitals are first class and considerably cheaper than private treatment in UK. You can probably check prices and recommendations on the TV family forum or others.

EDIT:- to add link to this thread on having a baby in Thailand.

Edited December 13, 2007 by Mahout Angrit

[chazzer]

ok thanks for your help still don,t know what to do for the best for the baby if it would be better if it was born in the uk or in thailand

For the child's future or claim to nationality for either country it makes no difference where it will be born. The claim to nationality originates from it's parents not the place of birth.

As for medical care, I suggest not much difference either but if your funds are getting low you should seriously consider the fact that if she remains in UK illegally you could be faced with a frightening bill if the NHS become aware of her status in UK. In Thailand private hospitals are first class and considerably cheaper than private treatment in UK. You can probably check prices and recommendations on the TV family forum or others.

thanks again scouse for your advice

[teacher]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

What are you on you say "we want to be legal" You have already broke the immgration law.

I fully agree with the above comment it is people like you who are making it difficult for others, you are a complete idiot letting this happen. If you stay and say nothing you will be faced with a hefty bill without doubt. because if you take a look at her passport it will have the words NO RECOURSE TO PUBLIC FUNDS

Because she has deliberately overstayed and broke the rules you are going to find it very difficult to obtain a further visa, even if you marry.

DONT LOCK THE GATE............ THE HORSE HAS ALREADY BOLTED.

[stevemiddie]

Maybe it is correct that your solicitor never received the notice from the visa guys declining your application. If that is how it happened of course?

You still have a responsibilty to ensure your GF is not on overstay. I believe you have simply buried your head in the sand. Ignorance is no excuse in law.

I wish you luck with your baby of course but that will not influence the authorities decision in any shape or form.

Best she returns to Thailand.

You have no funds for the lawyers now so you certainly have no funds for any NHS treatment. If you love her then you will want her to return home where she WILL receive appropiate medical assistance.

Edited December 16, 2007 by stevemiddie

[kennkate]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

What are you on you say "we want to be legal" You have already broke the immgration law.

I fully agree with the above comment it is people like you who are making it difficult for others, you are a complete idiot letting this happen. If you stay and say nothing you will be faced with a hefty bill without doubt. because if you take a look at her passport it will have the words NO RECOURSE TO PUBLIC FUNDS

Because she has deliberately overstayed and broke the rules you are going to find it very difficult to obtain a further visa, even if you marry.

DONT LOCK THE GATE............ THE HORSE HAS ALREADY BOLTED.

With regard to the NHS and Public Funds The NHS is NOT ( PUBLIC FUNDS ) so anyone here with a VALID visa is entitled to NHS Treatment.

[iainiain101]

You may be entitled to receive NHS treatment, but you will be required to pay for it if you are on a visitors visa.

Iain

[Basil B]

Having tried 3 times to get a visa for a former G/F just to come to the UK to visit for a few weeks I have to agree with with sentiments already aired that it those who flout the law make things difficult for others who do thing legally.

I am surprised that she is registered with a doctor without a NI number and will in the course of events will be refereed to a hospital for further treatment where it has been quite normal not to check on patients entitlement to free NI treatment, but I suspect in the near future things will be tightened up given todays reports on tightening of UK visa restrictions.

Just to put it another way I did not get free treatment in Thailand when I needed it a few years ago, so having paid NI all my working life I do feel aggrieved at about our(UK) NHS being used by free loaders from other countries.

Having Been hospitalized in Thailand I can say that IMHO Thai hospitals are as good or even better than UK hospitals.

Best bet is get her back to Thailand to reapply as there is no immigration checks on levers, if you wait to get caught she will likely be arrested and held at a detention center before being removed, and almost certainly no chance of coming back to the UK.

With your problems with your solicitor if events point out that he/they were negligent you may have a small chance to get your money back, (but don't hold your breath).

BB

[teacher]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

What are you on you say "we want to be legal" You have already broke the immgration law.

I fully agree with the above comment it is people like you who are making it difficult for others, you are a complete idiot letting this happen. If you stay and say nothing you will be faced with a hefty bill without doubt. because if you take a look at her passport it will have the words NO RECOURSE TO PUBLIC FUNDS

Because she has deliberately overstayed and broke the rules you are going to find it very difficult to obtain a further visa, even if you marry.

DONT LOCK THE GATE............ THE HORSE HAS ALREADY BOLTED.

With regard to the NHS and Public Funds The NHS is NOT ( PUBLIC FUNDS ) so anyone here with a VALID visa is entitled to NHS Treatment.

Sorry we are not talking about emergency hospital treatment here, we are talking about a plan that he has tried to keep his girl in the uk illegally. She has overstayed (NOT KNOWINGLY ITS ILLEGAL).

He has done this himself ( TELLING HER ITS OK, MAI-PEN-RAI) and its wrong. That is why we are faced with all the difficulties trying to get our own girlfriend/wives/friends over on tourist visas. Look at the changes that have just been anounced, 1000 quid bond, 3 months tourist NOT 6months, spouse visa to go on a points system etc.

Wake up call needed.

The man is a fool and if she stays in the uk he WILL be faced with a bill.

You can not have a N.I. Number being a tourist, without one she will not receive treatment unless he pays.

[chazzer]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

What are you on you say "we want to be legal" You have already broke the immgration law.

I fully agree with the above comment it is people like you who are making it difficult for others, you are a complete idiot letting this happen. If you stay and say nothing you will be faced with a hefty bill without doubt. because if you take a look at her passport it will have the words NO RECOURSE TO PUBLIC FUNDS

Because she has deliberately overstayed and broke the rules you are going to find it very difficult to obtain a further visa, even if you marry.

DONT LOCK THE GATE............ THE HORSE HAS ALREADY BOLTED.

With regard to the NHS and Public Funds The NHS is NOT ( PUBLIC FUNDS ) so anyone here with a VALID visa is entitled to NHS Treatment.

Sorry we are not talking about emergency hospital treatment here, we are talking about a plan that he has tried to keep his girl in the uk illegally. She has overstayed (NOT KNOWINGLY ITS ILLEGAL).

He has done this himself ( TELLING HER ITS OK, MAI-PEN-RAI) and its wrong. That is why we are faced with all the difficulties trying to get our own girlfriend/wives/friends over on tourist visas. Look at the changes that have just been anounced, 1000 quid bond, 3 months tourist NOT 6months, spouse visa to go on a points system etc.

Wake up call needed.

The man is a fool and if she stays in the uk he WILL be faced with a bill.

You can not have a N.I. Number being a tourist, without one she will not receive treatment unless he pays.

you lot are are worst than immigration. i am paying for the birth thankyou, i am not after any free hand outs. and i do not flout any laws i work for the goverment, so i would be a idiot if i was too. and lose me job on top, what i do and what i get i pay for with hard earn cash,it seems like you lot do a lot of ducking and diving or you mix with really dodgie people, the solicitor is going to write me a letter exspaining why we were not informed that the appeal was unsucessful, and my part of the goverment who i work for as already wrote me a letter on our behalf. i would not be on here asking for any advise if i was trying to fluant the law i would just let her have the baby free on nhs and say nothing and carry on living here for the next 5-10 years no probs,

[stevemiddie]

you lot are are worst than immigration. i am paying for the birth thankyou, i am not after any free hand outs. and i do not flout any laws i work for the goverment, so i would be a idiot if i was too. and lose me job on top, what i do and what i get i pay for with hard earn cash,it seems like you lot do a lot of ducking and diving or you mix with really dodgie people, the solicitor is going to write me a letter exspaining why we were not informed that the appeal was unsucessful, and my part of the goverment who i work for as already wrote me a letter on our behalf. i would not be on here asking for any advise if i was trying to fluant the law i would just let her have the baby free on nhs and say nothing and carry on living here for the next 5-10 years no probs,

I hope its not the Educational Ministry.

[intumult]

Are you sure you are english?

[teacher]

If she is due in May, then she is only 3 to 4 months pregnant and thus, she was at least 3 months over her visa before she became pregnant ! They may help on compasionate grounds if you can afford to take care of the family but they will not be best pleased as she and you have not complied with her visa requirements and deliberately overstayed, breaking the law.

I wish you all the best with the baby but I have little compassion for your so obviously flouting regulations. You are one of those people who makes it harder and harder for law abiding citizens to get visas for our loved ones. I guess she has no insurance now either so you will be an additional burden on an already overstretched NHS system.

What are you on you say "we want to be legal" You have already broke the immgration law.

I fully agree with the above comment it is people like you who are making it difficult for others, you are a complete idiot letting this happen. If you stay and say nothing you will be faced with a hefty bill without doubt. because if you take a look at her passport it will have the words NO RECOURSE TO PUBLIC FUNDS

Because she has deliberately overstayed and broke the rules you are going to find it very difficult to obtain a further visa, even if you marry.

DONT LOCK THE GATE............ THE HORSE HAS ALREADY BOLTED.

With regard to the NHS and Public Funds The NHS is NOT ( PUBLIC FUNDS ) so anyone here with a VALID visa is entitled to NHS Treatment.

Sorry we are not talking about emergency hospital treatment here, we are talking about a plan that he has tried to keep his girl in the uk illegally. She has overstayed (NOT KNOWINGLY ITS ILLEGAL).

He has done this himself ( TELLING HER ITS OK, MAI-PEN-RAI) and its wrong. That is why we are faced with all the difficulties trying to get our own girlfriend/wives/friends over on tourist visas. Look at the changes that have just been anounced, 1000 quid bond, 3 months tourist NOT 6months, spouse visa to go on a points system etc.

Wake up call needed.

The man is a fool and if she stays in the uk he WILL be faced with a bill.

You can not have a N.I. Number being a tourist, without one she will not receive treatment unless he pays.

you lot are are worst than immigration. i am paying for the birth thankyou, i am not after any free hand outs. and i do not flout any laws i work for the goverment, so i would be a idiot if i was too. and lose me job on top, what i do and what i get i pay for with hard earn cash,it seems like you lot do a lot of ducking and diving or you mix with really dodgie people, the solicitor is going to write me a letter exspaining why we were not informed that the appeal was unsucessful, and my part of the goverment who i work for as already wrote me a letter on our behalf. i would not be on here asking for any advise if i was trying to fluant the law i would just let her have the baby free on nhs and say nothing and carry on living here for the next 5-10 years no probs,

Well you are certainly not working for the immigration as you would know that RULES ARE RULES within the immigration system they are not there to be broken. I must therefore point out again your girlfriend has broken the rules by overstaying for 7 months, period.

Further more your last comments were 5-10 years no probs....

To me this is showing your ignorance of the law, Your girlfriend is in our country without a visa at this moment and that is illegal. If she gets caught she will be deported. i dont think you could then hold a job within our goverment with egg on your face,do you??????????????????

You are in a no win situation why dont you just start to make plans to get her back to Thailand as advised by many of us here?

[Lancashirelad]

you lot are are worst than immigration. i am paying for the birth thankyou, i am not after any free hand outs. and i do not flout any laws i work for the goverment, so i would be a idiot if i was too. and lose me job on top, what i do and what i get i pay for with hard earn cash

You do? Blimey, heaven help us, if people with this level of spelling, punctuation, & grammar are helping the government run the country, no wonder Brits are leaving at the rate of 4000 a week!

Faced with a similar suituation, 2 weeks before the original visa was due to expire, i'd have been sat in said solicitor's office demanding to know exactly where things were up to & what they had done for their exorbitant fee.

Edited December 28, 2007 by Lancashirelad

[vinny]

You do? Blimey, heaven help us, if people with this level of spelling, punctuation, & grammar are helping the government run the country, no wonder Brits are leaving at the rate of 4000 a week!

See also Four steps to better writing, a handout prepared by Paul Dudenhefer based on Style: Ten Lessons in Clarity and Grace

[Boo]

ok people the flaming stops now.

To the op, it was yours & your girlfriends responsibility to make sure her visa was valid, if the solicitor didn't contact you then it was your responsibility to chase it up. The home office will most likely take a dim view of a "sorry it wasn't our fault, my solicitor didn't call me" so honestly, the best course of action would be for your gf to go back to thailand, have the baby, you get married & then apply for her to come over on a residency visa. That way she just leaves of her own accord, which IMO will count in her favour on future applications. If you chose not to the avergae price for a private birth package (at the Portland) is over 7K pounds from 12 weeks of pregnancy or over 3k pounds from 36weeks.