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Posted

OK, just wondering if anyone can help me out. My Thai gf is expecting our baby in december, problem is, she has a visitor visa which will expire in late September, she is coming to the UK for her first visit in May and staying for a month. I want her to have the baby in the UK, mainily because of my work commitments and obviously I want to be with her for the birth, she also wants to have the baby in the UK. The latest she can fly would be early September. I have 3 options that I can think of.

1. Apply for a Fiance visa when she returns to Thailand in June and hope she gets it by August, is it best to state she is pregnant or hope they dont notice?? Risk here is that she gets refused.

2. Apply for a second visitor visa in July and stay in UK for 6 months till baby is borne. again risk of refusal if they know she is pregnant, I know I'll have to pay for the birth.

3. Get her to return to the UK on the existing visa mid August and stay till it runs out late September, then let the UK embassey know that she can't fly home due to the pregnancy and request a visa extension.

I'm leaning towards number 3 but would appreciate any views from the knowledgeable people that use this site.

Thanks.

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Posted (edited)

You realise that she will have to pay for health care if she has her baby in the UK as a visitor?

Edit - sorry you are aware if it, I missed it.

Edited by theoldgit
Posted

If she has the baby in the UK, the baby has British Citizenship, and your GF cannot be forced to leave the country as you cannot split mother and child. The ECO at the Embassy might be thinking along these lines, and believing you will circumnavigate the correct settlement procedures.

Posted (edited)

Although it is a fantastic experience, maybe having the baby in Thailand is also an option, it will not be great for you, but at least you then have the opportunity to apply for the correct visa for your GF and child, without the ECO looking at the pregnancy as a tool to stay in the UK.

Edited by beano2274
Posted

You obviously know the answer,but you want the TV members to advise you,on how to get the NI treatment for free.

  • Like 1
Posted (edited)

You obviously know the answer,but you want the TV members to advise you,on how to get the NI treatment for free.

Very true, and also maybe the OP is one of those who complain about others in the UK abusing the Social security system, I know I am. He knows he has to pay for the birth at least that is something.

Thai women know the rules, that is why she wants to have the baby in the UK.

Edited by beano2274
  • Like 2
Posted

OK thanks for the replies so far.

Majic, as i say I don't know the answer as yet hence the reason for my question, I'm really not sure what to do, and I'm assuming that I would have to pay all her medical care as already mentioned. If free NI treatment is an option then obviyously, I'd look into it but I'm guessing I'll have to go private.

Beano, firstly what does ECo stand for?? secondly, yes I do complain about foreigners travelling to the UK for free treatment, however, I also take the view that I'm a taxpayer and I always have been so I don't quite see it as sponging from the UK as I've paid a fortune in tax and still am and I get very little back from the state as I have no children...yet, but I take your point, having the baby in Thailand is an option but would be very difficult for me due to my work in the UK. I would hate to miss the birth and I really want to be with her to support her.

Posted

Awesome first post ... thumbsup.gif

Let me guess that you have been reading TVF for years but decided to post just now as you had a specific question?

Posted

Awesome first post ... thumbsup.gif

Let me guess that you have been reading TVF for years but decided to post just now as you had a specific question?

Does it matter? Why did you post your first post? Thought this forum amongst other things was to garner some info pertinent to the members.

  • Like 2
Posted

If she has the baby in the UK, the baby has British Citizenship, and your GF cannot be forced to leave the country as you cannot split mother and child.

Not true. The mother could be made to leave while the child remains with the father. The mother could then, of course, apply for the appropriate visa once back in Thailand.

Even if mother and child had been abandoned by the father the mother would still have to apply to remain under the Zambrano ruling, with no guarantee of success.

I have a friend going through a Zambrano application at the moment. A second one as the first was refused! If it's not sorted by the time her spouse visa expires she will have to leave and either hand her son over to his drug addict father, or take the boy back to Thailand with her.

Tigger01,

She could apply for a visit visa extension on the grounds that she would too far gone to fly when her visa expires; but I expect that any such application would be treated with the contempt it deserves by the Home Office. She knows when the baby is due, so she knows the latest date she can fly so she knows the latest date she must leave the UK by. Why should she be granted an extension? Visa expires September, baby due December; hardly an emergency, is it?

If she chooses to stay beyond the expiry date of her visa anyway, that is her choice and her fault. Result? Overstayer stamped in her passport and on her record, kicked out the UK as soon as she can fly with a possible 10 year ban on coming back again.

Applying for a second visit visa immediately upon return to Thailand will be seen for what it is; an attempt to get into the UK and have her child in an NHS hospital; even if you swear on a stack of whatever you hold sacred that you intend to pay for private care.

She would also fall foul of the convention that a visitor should not spend more than 6 months out of any 12 in the UK.

A fiance visa is a type of settlement visa. It is valid for 6 months and during that period she travels to the UK, you marry and she applies for Further Leave to Remain. With a fiance visa she would be classed as a resident and so entitled to full NHS treatment (not NI!) even before she had FLR. If you didn't marry and she returned to Thailand then in any later visa application she would need to explain why the wedding had not taken place.

  • Like 2
Posted

Awesome first post ... thumbsup.gif

Let me guess that you have been reading TVF for years but decided to post just now as you had a specific question?

every time someone tries to have a discussion about something there is always one k**b that appears with some ridiculous comment.....

best of luck OP

  • Like 1
Posted (edited)

Well said ^ 7by7 ^ ... great application of both the logic of human intention (trying to flout the UK Laws) and the repercussions of same.

Awesome first post ... thumbsup.gif

Let me guess that you have been reading TVF for years but decided to post just now as you had a specific question?

Does it matter? Why did you post your first post? Thought this forum amongst other things was to garner some info pertinent to the members.

mr.buffalo ... I throughly agree with what you said about this forum amongst other things was to garner some info pertinent to the members.

See ... australian-tourist-visa-application http://www.thaivisa....sa-application/

And ... fish-and-shrimp-farm ... http://www.thaivisa....nd-shrimp-farm/

Read between the lines of "Awesome first post"

EDIT:- My crap spelling

Edited by David48
Posted (edited)

every time someone tries to have a discussion about something there is always one k**b that appears with some ridiculous comment.....

best of luck OP

CiaranO ... what's a k**b ?

Why do you have a go at me ... isn't it up to the OP to reply to any comments he doesn't like ... it's his thread after all.

How about we just wait to see the OP come back and reply to some of the suggestions forthcoming thus far?

Edited by David48
Posted (edited)

What you post and what you are thinking about doing all sounds a bit iffy to me an ECO will be way ahead of you.

I wish you well but instead of trying to get round the system at a time like this, I would say you would be better off letting her have the baby in Thailand and going about things in the correct way. K.

Edited by Kwasaki
Posted

OK thanks for the info so far. David48 I found this site last Friday I think, and thought that there were several members on here who are willing to assist, not sure if you're having a dig at me or not. Anyway 7by7, thanks, sounds like the best thing to do is apply for a Fiance visa, another question though, is it best to come clean about her pregnancy, does that help or hinder a Fiance application??

Posted

There are many folk that watch from the side lines, and we have all had to start somewhere.

Welcome to the Forum and I am sure some good bright sparks will come up with some good suggestions.

Congratulations Tigger on the expected one! & Good Luck.

Eddie

Posted

You should have thought about all those consequences

before playing contact sports without a helmet.

Have the baby in Thailand

Medical expenses are less than UK .... I think

and the quality of care at private hospitals is very good

Posted

OK thanks for the info so far. David48 I found this site last Friday I think, and thought that there were several members on here who are willing to assist, not sure if you're having a dig at me or not. Anyway 7by7, thanks, sounds like the best thing to do is apply for a Fiance visa, another question though, is it best to come clean about her pregnancy, does that help or hinder a Fiance application??

Pregnancy is irrelevant for a settlement visa. You are applying on the grounds that you are married or about to be married. Don't try to get around the system - pretty much everything has been tried before and the ECO's are wise to them all.

If you are staying put in the UK and want to see your child grow up then it has to be in the UK! This means settlement. Your wife will have to meet all the requirements so go back to the visa basics topic pinned at the top of the page.

If you cannot meet these requirements you should look at booking holidays!

  • Like 2
Posted

Edwin, Thanks. Lew, you should know, it's impossible for a man to think when all his blood is somewhere else!! Although point taken!! I am thinking that maybe having the baby in Thailand might be the best option and then maybe get a Fiance visa early next year.

  • Like 1
Posted

Tigger, I am purely a lay person, but maybe you could read the relevant posts pertaining to your situation once the birth has taken place/if not before.

http://www.thaivisa.com/forum/topic/551858-legally-your-kids-without-need-to-marry/

Mario's post is excellent also. http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

There are some excellent hospitals in Thailand.http://www.thaivisa.com/forum/topic/128127-having-a-baby-in-thai-hospital/

Take care

Eddie

Posted (edited)

I am thinking that maybe having the baby in Thailand ...

Then check out ...

pregnancy-costs (and birthing costs)

http://www.thaivisa....regnancy-costs/

edwinclapham was posting at the same time so we might overlap

EDIT:- deleted the double information from the post above

Edited by David48
Posted

Thanks guys, the info has helped me out, just need to decide (with gf) which way to go now!! I think she'll still want to have the baby in the UK but I feel quite comfortable that a Thai private hospital will be fine.

Posted

I might be wrong so please double check this yourself.

I think that a visa valid for six months means that she will be able to enter the uk anytime in those six months and get a three month stamp (duration of stay) on her passport so she can stay for three months then the visa will expire.

So, for example, if she enters in May, her duration of stay will be until August ie three months later, then she will have to leave.

So if you do get her there in August then she would be able to stay past September until November.

Again I might be only familiar with the old rules so don't take my word for it. This happened to me before with Ireland, I went there in January, my visa was going to expire in february. Thought I had to return because my "visa" expired but the entry stamp said I could stay another two months.

Good luck. And I do apologize in advance if my post was redundant and BS!

Posted

OK thanks, I'm thinking now that she can come to UK in May, go back to Thailand in June, as that is what was applied for on the visa application, but then return to the UK in August and go back to Thailand in early September. Then I'll go to Thailand in December for the birth and perhaps visit the UK embassey to make arrangements for a Thai marriage hjaving read 7by7 guide to visa's!!! Might be my best option..

Posted
OK thanks, I'm thinking now that she can come to UK in May, go back to Thailand in June, as that is what was applied for on the visa application, but then return to the UK in August and go back to Thailand in early September. Then I'll go to Thailand in December for the birth and perhaps visit the UK embassey to make arrangements for a Thai marriage hjaving read 7by7 guide to visa's!!! Might be my best option..

That is a perfect plan

Posted

I might be wrong so please double check this yourself.

I think that a visa valid for six months means that she will be able to enter the uk anytime in those six months and get a three month stamp (duration of stay) on her passport so she can stay for three months then the visa will expire.

So, for example, if she enters in May, her duration of stay will be until August ie three months later, then she will have to leave.

So if you do get her there in August then she would be able to stay past September until November.

Again I might be only familiar with the old rules so don't take my word for it. This happened to me before with Ireland, I went there in January, my visa was going to expire in february. Thought I had to return because my "visa" expired but the entry stamp said I could stay another two months.

Good luck. And I do apologize in advance if my post was redundant and BS!

I'm afraid that you are wrong.

Many years ago a UK visit visa was valid for 6 months from the date it was first used to enter the UK. This was changed at least 10 years ago so that now it is valid for 6 months from the date of issue; although the valid from date can be post dated for up to 3 months after this.

With respect, the Republic of Ireland is not part of the UK and their visa rules and procedures have no bearing on those of the UK.

Posted

All I will say is that for your child's sake, if he/she is not born in the UK, providing you are a UK citizen by birth/naturalization ("otherwise than by descent"), your child will automatically be a UK citizen too if born outside the UK.

However, if not born in the UK, he/she will not be able to automatically pass on citizenship to his/her child in 20+ years. This is something that needs to be seriously considered.

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