Is Edu. visa extended because of giving birth ?

[plus7]

Hi,

My wife have valid edu visa. One month ago we had a baby born. We've heard ( maybe a rumour) that her educational visa can be extended somehow for 3 months because of medical reasons. VIsa is not finishing right now, but as soon as she can't visit school, she gets 3 months more.

In school they said they do not know. Very soon she has next 3 month extension and have to go to immigration.

So we would like to know before if this is possible and what documents do we need.

Thank you for attention.

[PoorSucker]

From police order 777/2551

2.25 In the case of medical treatment or convalescence or to look after a patient: Permission will be granted for a period of not more than 90 days at a time.

(1) Confirmation and request has been made by a physician responsible for the treatment. The Physician must describe the details of treatment and advised that the illness is a barrier for travelling.
(2) In the case of looking after a patient, confirmation and request has been made by the physician responsible for the treatment or by an embassy or consulate.
(3) Patient Carer, except parents, spouse, children, adopted children or children of spouse, shall be granted no more than 1 extra person.

[ubonjoe]

A 90 day extension is possible with letter from doctor stating she cannot travel and in this a case not attend class.

[plus7]

Thank you for replies. However this is not clear to me.

Suppose we bought study in school from 1 Jan to 31 December and come every 3 month to extend. Righ now , we have baby. When we need to use that medical extension? Right now, or after 31 Dec ?

Because in school they say, after 31 Dec, we must pay again.

[PoorSucker]

I doubt they will give you medical extension after 31 Dec.

This extension is only given if unfit for travel abroad.

[Maestro]

plus7, what is your own immigration status? Are you on an extension of stay that would allow your wife to get an extension as your dependent under clause 2.20 of the Immigration Act?

[plus7]

Maestro, I'm also a student.

[Maestro]

Maestro, I'm also a student.

I take it, then, that you are enrolled in a government or private educational institution and this means that your wife does not qualify for an extension as your dependent. Your wife currently appears to be on a 90-day education extension and her options are therefore severely limited if her school cannot give er the usual papers needed for the the next extension and if she also will not qualify for the medical extension. I can only think of tourist visas or visa-exempt border runs until she will resume her studies.

[plus7]

Maestro,

There is a misunderstanding: school is ready to give paper for extension. But we have heard, that it is possible to "freeze" edu visa for 3 month after giving birth. Extend it for medical reasons and then continue with edu. visa.

The main idea is to get that 3 month extra in the middle of edu visa.

[PoorSucker]

Maestro,

There is a misunderstanding: school is ready to give paper for extension. But we have heard, that it is possible to "freeze" edu visa for 3 month after giving birth. Extend it for medical reasons and then continue with edu. visa.

The main idea is to get that 3 month extra in the middle of edu visa.

That will be up to the school, not immigrations.

[NancyL]

As stated above, your wife could obtain a "medical extension" of up to 90-days IF her doctor signed a letter that says she can't travel for 90 days. Merely saying that she gave birth isn't enough.

The medical extension is totally independent of her ED visa -- it would not extend it in any way.

Check with your local immigration office -- the local rules for medical extensions vary greatly and it depends a lot of who requests one and their back-up documentation. But, a medical extension doesn't "extend" a visa already in place.

[Maestro]

Nancy, it now looks like the intention is to interrupt the one-year study period with a 90-day medical extension, so that the 12 month enrollment period at the school will in fact end only 15 months after the start of the paid-up one-year study period. Therefore, as has been said, this is exclusively for the school to decide. Immigration will decide whether or not to approve an application for medical extension if and when such application is made and they will decide based on the applicant's situation and documentation at the time of application.

plus7, pregnancy, childbirth, and after delivery the care for the newborn do not per se qualify an applicant for the medical extension. The deciding factor will be whether the applicant is undergoing medical treatment and her conditions renders her unable to travel abroad or after the child is born, whether her child is undergoing medical treatment and the mother needs to care for the child.

[Mario2008]

If medical extension is denied, she can apply for an extension as a dependent of her husband under 2.11. But that will probably mean that she needs to apply for a new non-ED visa when she is ready to start studying again, or continue her study as a dependent of the husband.

[harrry]

As stated above, your wife could obtain a "medical extension" of up to 90-days IF her doctor signed a letter that says she can't travel for 90 days. Merely saying that she gave birth isn't enough.

The medical extension is totally independent of her ED visa -- it would not extend it in any way.

Check with your local immigration office -- the local rules for medical extensions vary greatly and it depends a lot of who requests one and their back-up documentation. But, a medical extension doesn't "extend" a visa already in place.

I doubt that the immigration department will consider looking after a baby as unable to travel. I do not think a medical extension would be granted.

[Maestro]

plus7, as Mario has mentioned there is another theoretical possibility for your wife to get a dependent extension. Look at clause 2.11 of the Immigration Act:

2.11 In the case of being a family member of an alien who has been permitted a temporary stay in the Kingdom for enrollment in an educational institution according to Clauses 2.8 or 2.9 hereof (applicable only to parents, spouse, children, adopted children, or spouse’s children): Each permission shall be granted for no more than one year.

I say the possibility is theoretical because immigration may perhaps grant your wife the dependent extension only if you have a one-year education extension, not a 90-day extension, or based on the type of your study course. I believe you have not yet mentioned this detail in this thread. I suggest you go to the immigration office and ask them about it.

[Maestro]

Maestro,

There is a misunderstanding: school is ready to give paper for extension. But we have heard, that it is possible to "freeze" edu visa for 3 month after giving birth. Extend it for medical reasons and then continue with edu. visa.

The main idea is to get that 3 month extra in the middle of edu visa.

I wonder where you have heard this, because it is indeed interesting information.

[Maestro]

plus 7, I am a bit confused by your comment "The main idea is to get that 3 month extra in the middle of edu visa". Your wife has been on 90-day extensions for the reason of studying whatever it is that she is studying, and currently is on such an extension. She is not limited to a specific total period during which she can get 90-day education extensions and therefore the question of getting "3 month extra" does not arise. She can get these 90-day education extensions as long as she continues to study and her school can give her the necessary documents for it.

Your real question seems to be whether, if your wife can get a 90-day medical extension in between her 90-day education extensions, your school will allow her to continue her studies for three months beyond the 12-month period of the study contract, for example study for six months, stop studying for three months, resume studying for another six months. Is this your question?

[harrry]

I think you are asking if the school will not charge for 3 months and allow you to do this later.

My guess is no.

THey will most likely give you the paperwork for the 12 months you have aranged. You can always sign up for another year and they will give the paperwork to do this if you pay. I think they will say how you arange the time is up to you but they sell in 12 month blocks.