Uk Visa For Pregnant Thai G/F Tourist Or Fiancee' Visa !?

[Martouf]

Sorry if the information is already posted - I have been looking for ideas for the past 4 hours !

scenario is:

I have been with my thai g/f for 2 years - she was given a 6 months tourist visa (on second attempt) and went back to thailand on 21 March 2010 (visa expired on 23 March) - I went back for songran to see the family etc.... and she is now pregnant, baby due around 6 Jan. We are both happy about the baby and are trying to decide on what to do now in terms of, do I move to thailand or does she come here to live - ideally my wife wants to have the baby in England and be around my family (strange I know!). She does now own a house and some land in her name, details not in last visa app.

1) Am I correct thinking for a further tourist or fiancee' (with intent to get married) visa you need to wait at least 6 months from when you return to thailand to reapply? therefore around 24 Sept ?

2) if they know at the time of application you are pregnant the chances of being granted either visa is remote or no chance !!! ? - assume all other factors ok, i.e income and intent to return.. and complied with previous visa

3) I know the formalities to comply with to ensure that the baby has dual nationality assuming the baby is born in Thailand, once the baby has a uk passport, is it then better to apply for a visa for my g/f at this stage ?

4) Assuming she was granted a visa, the sign of her being pregnant can leave to her visa being revoked at this end ?

........ any other (sensible) ideas ?

thanks

Assuming you have to wait for 6 months, say 24 September before reapply

[Martouf]

sorry added the topic twice and do not know how to remove !!

[the scouser]

The future of your relationship is not necessarily determined by UK immigration law, but by how you and your child's mother see your relationship developing.

She should apply for the visa that best suits her purpose. If she intends to visit the UK, then a visit visa, or if she wishes to settle in the UK, a settlement visa. In either instance there are certain criteria to be met.

The only thing I would say is that if she gives birth whilst present in the UK on a visit visa, it is highly unlikely that her permission to stay could be switched to that of settlement simply as a consequence of the child's birth, and you might find yourself facing a bill (£4,000.00?) for mum's maternity hospital treatment.

Scouse.

[ThaiVisaExpress]

What is your future intentions with your partner

How long have you been together ?

Can you demonstrate a subsisting relationship ?

Further information :

Visit Visa

Fiance(e)s and proposed civil partners

Husbands, wives and civil partners

If you require professional help feel free to contact me we have an office in Thailand and we are OISC registered.

Regards

Paul

Edited July 9, 2010 by ThaiVisaExpress

[Thongkorn]

The future of your relationship is not necessarily determined by UK immigration law, but by how you and your child's mother see your relationship developing.

She should apply for the visa that best suits her purpose. If she intends to visit the UK, then a visit visa, or if she wishes to settle in the UK, a settlement visa. In either instance there are certain criteria to be met.

The only thing I would say is that if she gives birth whilst present in the UK on a visit visa, it is highly unlikely that her permission to stay could be switched to that of settlement simply as a consequence of the child's birth, and you might find yourself facing a bill (£4,000.00?) for mum's maternity hospital treatment.

Scouse.

If it is a settlement visa it will say no recourse to public funds,

[7by7]

1) Am I correct thinking for a further tourist or fiancee' (with intent to get married) visa you need to wait at least 6 months from when you return to thailand to reapply? therefore around 24 Sept ?

No, you are incorrect.

There is a convention that visitors should not spend more than 6 moths out of any 12 in the UK; a convention, not a rule. If she were to apply for a visit visa at a time which means she could breach this convention then they would look very carefully at her reasons for visiting the UK again so soon and unless there was an exceptional need for her to do so would probably refuse. Wishing to have her baby born in the UK would probably not be considered acceptable; especially as a visitor she would not be eligible for NHS treatment except the most basic emergency treatment in A&E. But, see Special Visitor: Private medical treatment.

A fiance visa is a type of settlement visa, and so it would not matter when she last left the UK as a visitor nor how long she had spent in the UK as a visitor; as long as she was there legally, of course.

2) if they know at the time of application you are pregnant the chances of being granted either visa is remote or no chance !!! ? - assume all other factors ok, i.e income and intent to return.. and complied with previous visa

For a visit visa it may make it more difficult as they may think she wishes to enter the UK to have her baby on the NHS and that she may wish to stay in the UK with you, the father, once the baby is born.

For a settlement application if it has any effect at all it will be a positive one as it is strong evidence that your relationship is genuine.

3) I know the formalities to comply with to ensure that the baby has dual nationality assuming the baby is born in Thailand, once the baby has a uk passport, is it then better to apply for a visa for my g/f at this stage ?

As long as you are named on the birth certificate as the father, the baby will have dual Thai/British nationality. The formalities you refer to are to obtain a British passport for the child if born in Thailand or a Thai passport if born in the UK. For how to obtain a British passport for a child born in Thailand see How to register a birth.

If your girlfriend waits until after the birth before applying for a UK visa, whether visit or settlement, then if you have already obtained a British passport for the child they obviously will not need a visa to enter the UK. However, you should also obtain a Thai passport for them so they can re-enter Thailand in the future without any complications. If born in Thailand you should do this before they leave, if born in the UK you can do this at the Thai embassy in London.

4) Assuming she was granted a visa, the sign of her being pregnant can leave to her visa being revoked at this end ?

Once a visa has been issued, UK immigration can only refuse entry if they have evidence that the visa was obtained fraudulently or the purpose of UK entry has changed since it was issued or the person's circumstances have changed to make the reason for issuing the visa no longer valid.

If she is seeking entry to the UK with a settlement visa as your fiance or spouse, no problems at all. However, if seeking entry as a visitor she may be questioned as to her intentions, for the same reason the embassy may have doubts about issuing a visit visa in the first place.

Remember, though, that most airlines wont carry a woman in the late stages of pregnancy; 26 weeks I think, but you should check with the airline..

Finally, Thongkorn is correct in saying that a settlement visa means she will have no access to public funds (until she has Indefinite Leave to Remain), howver she will have access to NHS treatment as soon as she arrives with a settlement visa.

[Philmaca]

I can give you some advice as your situation, was similar to mine regarding where to have the baby. Ultimately, my decision was made for me by Thai Doctors, who refused to put their signature to a document, stating that my Girlfriend was fit to fly at 30 weeks pregnant. But that's another story, a rather long one.

Anyway, I applied for a fiance visa and put a letter in with the application, giving details of the pregnancy, the due date and a letter from my local marriage registry office stating that we were to be married before the birth. Whilst we were waiting for the application to be processed, my GF recieved a phone call one morning from a secretary of an Entry control officer, she wanted to know if we were aware that, the birth would have to be paid for by ourselves. When my GF stated that we were aware of that, she then asked did we have any idea of the costs involved. She added that she would record any estimate, we had received for the consideration of the officer. Luckily i had costed this out.

As Scouser stated, at a private Hospital the costs were between £4000 and £5000 depending on whether or not a section was needed and also the length of stay, this did not include any complications, that may arise. But going Private at an NHS hospital the cost was much less, About £280 for the pre-natal asessment, about £360 for a normal birth, £440 for a section and about £300 per night stay. Bear in mind, these figures are approximate, due to my recollection, but fairly accurate and were quoted in March by an NHS hospital in Belfast. The staff i spoke to were very helpful, there was a dedicated contact person for Foreign non EU births, so they knew the drill. The only concern they had in my case, was the late stage of the pregnancy, but they were fully comitted to helping and made me feel reassured that everything would be good.

The visa was granted, but as i say i never got to run the whole thing through, but in retrospect, things probably worked out for the best. The support my GF got in the first few weeks after the birth, from her family, is something i could not have got close to. I went out at 3 weeks, stayed 3 weeks and now we're back home, all one big happy family!

So if your going for the Visa, be sure you do your homework, tell the truth and if you can answer any question that may be put to you, your in a good position.

Edited July 15, 2010 by Philmaca

[Martouf]

thank you everyone for the advice - I will check with my local hospital for the midwifery charges and go from there. I go back in 4 weeks and will try to decide on the best type of visa to apply for - although realistically applying for a settlement visa towards the end of August could take months by which time it is unlikely she will be able to fly.

[yumster]

Hi Martouf,

I am in a very similar position except my girlfriend is from Laos. She is 14 weeks pregnant today and has just applied for a Fiancee Visa. We are hopeful that there won't be any problems and that the visa will be granted within 8 weeks. Its worth noting that British Airways are willing to fly pregnant women at up to 36 weeks with a Doctor's note.

Hope all goes well for you.