manchestermcfcmod Posted November 19, 2012 Share Posted November 19, 2012 can anyone help. i married my wife in bbk 2 years ago we got a spouse 2 year visa she has now been in the uk 1 year she is pregnent and expecting in december does she have to return to thailand after the 2 year visa expires ?? since she has been in the uk i have struggled to find much work (im self employed) im worried as i might not have money for english test which cost 1400 ? can she stay indefinate becouse you cant seperate mother and baby ??? please help thanks Link to comment Share on other sites More sharing options...
David48 Posted November 19, 2012 Share Posted November 19, 2012 Excuse my ignorant question ... but what's all this about can't seperate the mother and the baby? Both can return to Thaliand! Mother can return with the baby when the appropiate Visa is secured and the bub has (usually) the automatic right. . 1 Link to comment Share on other sites More sharing options...
Chittychangchang Posted November 19, 2012 Share Posted November 19, 2012 A friend of mine appealed to futher his Thai wifes stay to the Home Office and UKBA after discovering his wife was pregnant on a tourist visa. The grounds for the appeal where -"DVT" flying whilst pregnant can harm mother and child. Unfortunately the back log of immigration tribunals at the time meant his wife stayed in the UK on "deemed leave" for nearly two years (they popped two children out in this time). They eventually went to court and were informed by the judge that they had to return to Thailand to apply for a spouse visa which took about 3 months over there. It was a stressful uncertain time for them but their children where born in the UK. Link to comment Share on other sites More sharing options...
Basil B Posted November 20, 2012 Share Posted November 20, 2012 I have not read this fully, but Cameron says he is going to do a way with time wasting appeals. http://www.bbc.co.uk/news/uk-politics-20389297 Link to comment Share on other sites More sharing options...
7by7 Posted November 20, 2012 Share Posted November 20, 2012 If she does not apply for and receive either ILR or FLR when her current leave to remain expires she will have to leave the UK. Having a child will not change this as she and the child will not be forcibly separated; she could take the child with her. The LitUK test does not cost £1400, and I don't think many ESOL with citizenship courses do either! If applying for ILR before October 2013 she will need to have passed the Life in the UK test or progressed at least one level on an ESOL with citizenship course, see here. If applying for ILR from October 2013 she must have Passed the Life in the UK test. and Obtained level B1 of the CEFR in speaking and listening, or better If she cannot satisfy this in time she will need to apply for FLR for a further two years. For that she will need an A1 pass in speaking and listening, but the certificate she used for her initial visa should suffice. Link to comment Share on other sites More sharing options...
manchestermcfcmod Posted November 20, 2012 Share Posted November 20, 2012 If she does not apply for and receive either ILR or FLR when her current leave to remain expires she will have to leave the UK. Having a child will not change this as she and the child will not be forcibly separated; she could take the child with her. The LitUK test does not cost £1400, and I don't think many ESOL with citizenship courses do either! If applying for ILR before October 2013 she will need to have passed the Life in the UK test or progressed at least one level on an ESOL with citizenship course, see here. If applying for ILR from October 2013 she must have Passed the Life in the UK test. and Obtained level B1 of the CEFR in speaking and listening, or better If she cannot satisfy this in time she will need to apply for FLR for a further two years. For that she will need an A1 pass in speaking and listening, but the certificate she used for her initial visa should suffice. thank you for replying can they actualy force her to leave the country even though we are married and have a baby and would it help if we married in the uk ??? we married in bbk Link to comment Share on other sites More sharing options...
Upnotover Posted November 20, 2012 Share Posted November 20, 2012 If she does not apply for and receive either ILR or FLR when her current leave to remain expires she will have to leave the UK. Having a child will not change this as she and the child will not be forcibly separated; she could take the child with her. The LitUK test does not cost £1400, and I don't think many ESOL with citizenship courses do either! If applying for ILR before October 2013 she will need to have passed the Life in the UK test or progressed at least one level on an ESOL with citizenship course, see here. If applying for ILR from October 2013 she must have Passed the Life in the UK test. and Obtained level B1 of the CEFR in speaking and listening, or better If she cannot satisfy this in time she will need to apply for FLR for a further two years. For that she will need an A1 pass in speaking and listening, but the certificate she used for her initial visa should suffice. thank you for replying can they actualy force her to leave the country even though we are married and have a baby and would it help if we married in the uk ??? we married in bbk You can't get married in the UK, you are already married and it is legally recognised there. Link to comment Share on other sites More sharing options...
7by7 Posted November 20, 2012 Share Posted November 20, 2012 That she is married to you and you have a child together is a reason for her to remain in the UK, but she still has to obtain the appropriate leave to remain in order to do so. If she doesn't then she will either have to remain in the UK illegally, with all that entails, or leave. Sorry I can't be more positive. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now