U.k Visa

[kerrs69]

My wife has just come over to england on a holiday visa But we have just found out she is pregnant .

Her holiday visa run's out 21st august but we would like to have the baby here in the u.k.She is due on the 27th october

What do i do now?Who do i contact?Do i have to apply for a settlement visa?If so where do i apply we live in newcastle upon tyne?

Please help so i can put my mind at ease and my wifes.

RAB

Edited April 3, 2006 by kerrs69

[GU22]

Unless she is medically unfit to travel, she goes home. She cannot convert the visit visa in the UK.

Also, she is not entitled to NHS treatment if she is in the UK with a visit visa, except emergency treatment.

From Guidance - Visitors (INF 2)

Can I get medical treatment in the UK?

You can apply for a visit visa to travel to the UK for private medical treatment. You must be able to show that you:

have made suitable arrangements for the necessary consultation or treatment

have enough money to pay for the treatment

have enough money to support yourself and live without working or getting any help from public funds while you are in the UK, and

intend to leave the UK at the end of your treatment.

We may also ask you to provide the following.

A doctor’s letter giving details of your medical condition and the treatment you need.

Confirmation that you have made suitable arrangements for the consultation or treatment and how long the treatment will last.

Evidence that you can afford to pay for the consultation and treatment. We may also ask you to give an undertaking (in other words, a formal agreement) that you will pay for the consultation and treatment.

Can I stay more than six months for medical treatment?

If you need to stay longer than six months to complete your medical treatment you can apply to the Immigration and Nationality Department. (Contact details are under 'More advice and information' at the end of this guidance.)

You are not allowed to enter or stay in the UK to receive treatment on the National Health Service (NHS). You must make sure that you have enough medical insurance for the whole of your stay.

The people you need to contact for further advice are:-

Immigration and Nationality Directorate

Croydon Public Caller Unit

Lunar House

40 Wellesley Road

Croydon CR9 2BY

General enquiries: (+44) (0)870 606 7766

Application forms: (+44) (0)870 241 0645

Email: [email protected]

Website: www.ind.homeoffice.gov.uk

Edited April 3, 2006 by GU22

[britmaveric]

Check with airline too, they have rules governing how far along they will allow a pregnant woman to fly.

[kerrs69]

Check with airline too, they have rules governing how far along they will allow a pregnant woman to fly.

She cant fly after six months.

[GU22]

She cant fly after six months.

She's due end of October, so the cut off date for flying is around the end of July. Looks like she'll have to return home before then.

She could, in an emergency, have the visa extended because of an unforeseen medical reason, but would have to pay for her treatment.

However, is pregnancy an unforeseen medical reason? I don't think that the IND would buy the story that neither of you discovered she was pregnant until it was too late for her to fly.

Sorry I can't be more positive, but that's the way it is.

Unless Scouse or Vinny know of a way for her to stay.

Edited April 3, 2006 by GU22

[vinny]

See also Medline Plus (Pregnancy), in particular, Air travel during pregnancy: Is it safe?

See also Department of Health Overseas Visitors Patient Guide. In particular, Are you visiting the United Kingdom? and The Pregnancy Book: March 2005 edition.

I think that most airlines will not allow her to travel if she is more than 7 months' pregnant. Check with your airline.

If she cannot travel, then you will have to get her visa extended due to her pregancy.

If you are British, then your child, born in the UK, will be British.

If you are British "otherwise than by descent", then your child, born anywhere in the world, will be British. If you were born in the UK, naturalised in the UK or (in some, but not all cases) registered in the UK, you acquired your British nationality otherwise than by descent. See Consular Birth Registration.

If your wife is Thai, then your child, born anywhere in the world, will be Thai. See To acquire Thai Nationality.

Edited April 3, 2006 by vinny

[vinny]

If she cannot extend her visa, then see also some Airline policies for pregnant travelers and Pregnancy and travel. Best to check with your airline.

Edited April 3, 2006 by vinny

[the scouser]

If you want you wife to have your baby in the UK and for her immigration status to be above board, too, then she will have to return to Thailand and apply for another visa. She could apply for either another visit visa, but, as GU22 commented, she wouldn't be covered by the NHS, or a settlement visa, in which case she could get NHS treatment.

You could try applying to the Home Office in Croydon to switch to a settlement visa. The immigration rules forbid someone to change from visitor to settled status but the Home Office has the discretion to waive this criterion when circumstances dictate. However, I don't think pregnancy would be considered sufficently compelling for them to exercise discretion in your wife's favour and such an application is likely to be a waste of the £335.00 application fee.

Cheers,

Scouse.

[kerrs69]

Can i extend the holiday visa?

RAB

[vinny]

It may be possible to apply for switching her normal visitor status to "Visitors for medical treatment". See 10.7 - Visitors for medical treatment. Scouse may be able to advise better on her chances of success. Do you have any compelling reasons for having your baby's birth in the UK?

[kerrs69]

It may be possible to apply for switching her normal visitor status to "Visitors for medical treatment". See 10.7 - Visitors for medical treatment. Scouse may be able to advise better on her chances of success. Do you have any compelling reasons for having your baby's birth in the UK?

Vinny

Its just so my mother and sisters can see the baby and if she goes back to thailand its going to be a while before she can flyback over here.

Also i'm struggling to get time off work myself if she goes to thailand to have it.

RAB

[markuk]

It may be possible to apply for switching her normal visitor status to "Visitors for medical treatment". See 10.7 - Visitors for medical treatment. Scouse may be able to advise better on her chances of success. Do you have any compelling reasons for having your baby's birth in the UK?

Vinny

Its just so my mother and sisters can see the baby and if she goes back to thailand its going to be a while before she can flyback over here.

Also i'm struggling to get time off work myself if she goes to thailand to have it.

RAB

unfortunately personal issues dont come into it, i think she is better leaving whilst her visa is valid, go to thailand have the baby, if you are marrieed then register it as british baby and move forward following the rules, will be difficult as you will not see them for a while, but life is long - dont try to bend the rules, it will bite you later

Just my thoughts - i of course could be wrong!

[the scouser]

The longest you can have as a visitor in one hit is 6 months. You could, as Vinny suggested, seek an extension as a visitor specifically for medical treatment, but, again, your wife would not qualify for NHS treatment. Furthermore, pregnancy isn't considered to be a medical condition, so your wife would be unlikely to be granted the extension anyway.

As I see it, you have 3 options:-

1. Your wife just does nothing and stays in the UK until she has her baby. The drawbacks are that this will give her an adverse immigration history, possibly making it difficult for her to return to the UK in the future, and that you will need to pay for the cost of her medical treatment.

2. Your wife seeks permission to stay in the UK, either as a medical visitor or as your spouse. Neither is likely to be granted but your wife would be considered to be legally in the UK until such a time as the Home Office make their decision which might be after the baby's birth. Again, though, you would need to pay for the cost of any medical treatment.

3. Your wife returns to Thailand now and applies for a settlement visa. She can ask to be given preferential treatment because she is pregnant. If successful, she could be back in the UK within a matter of 3-4 weeks.

All things considered, I think option 3 is probably your safest (and cheapest) option.

Cheers,

Scouse.