Wife pregnant, can we get a UK spouse visa in time?

[GarryUK]

My GF came to the UK in June and it seems I was so happy to see her I got her pregnant within a week (don't even bother with all the it's not yours shit, she had her period for the first 3 days). Anyway, we went back to Thailand in October and got married, and now she has her new passport, the English translations (of the marriage certificate etc) and my supporting docs, she's off to Bangkok for her TB scan Monday and, all being well, to get an appointment at Regent House on Tuesday to submit a spouse visa application.

Thing is, the cut-off for her not being allowed to fly is the end of the year, so if the visa isn't approved by Christmas we'll miss the window when she can fly to the UK which means we're looking (hoping) for approval within 6 weeks, so what happens? Do we have a chance of getting a visa approved in time, and do we mention in the any other information section about her being pregnant and the cut-off date for travel? If it's approved too late and she has to stay in Thailand to have the baby, how long does the visa last before it expires and she has to apply again? And of course would it still be valid when she then has a newborn baby? In case someone is gonna ask, my earnings are fine for both situations but the application won't mention a child so would the visa if not by then expired still be valid for an accompanying child (which of course will be able to apply for a British passport).

Oh please can we have a bit of good luck...

Garry

Edited November 2, 2013 by GarryUK

[7by7]

The latest published processing times for Bangkok show that 93% of settlement visas issued in September were processed within 60 days. This does not, of course, guarantee the same turnaround in the future.

Her being pregnant will not be seen as a reason for her jumping the queue.

As she is pregnant, when she goes for her TB test she will be given the option of an x-ray with a protective shield or a sputum test. If she opts for the sputum test this could take 8 weeks to process!

The initial visa will be dated the day it is issued and valid for 33 months. She can first use it to enter the UK at any time during this period. However, to meet the residential qualifying period for the 30 month extension she will need to have lived in the UK for 30 months. So, if her travel is delayed for more than 3 months after the date of issue she will need to make, and pay for, an addition FLR application to cover the missing period.

However, when she submits the application she can request that the start date be postponed for up to 3 months. If she does this she cannot use the visa until the actual start date.

That she is pregnant is a material fact, so I would mention it in the application. But if the baby is born in Thailand this wont affect the validity of her visa (or application if the visa hasn't been issued by then).

If the baby is born in Thailand, remember to get a British passport for her/him; otherwise s/he will also need a visa to come to the UK.

S/he will also, of course, be a Thai citizen as well, so you should get a Thai passport, too.

[Tony M]

I think you may well be pushing your luck, and if the visa is not issued in time there could be problems for your wife to travel. You are obviously aware of those problems already. I don't believe that you will get a decision within 6 weeks.

As 7x7 says the latest figures give 60 days as a processing time for 93% of the applications, but bear in mind that there are lots of holidays during November and December when the Embassy will be closed, and not processing.

[GarryUK]

My biggest concern is having to pay again as it's not a cheap application...

[7by7]

The worst case scenario does not mean she would need to apply for a new visa in Thailand, but that once in the UK her visa expires before she has lived here for 30 months. In which case she will need to make an additional FLR application to cover the missing period at a current cost by post of £578 (£953 if you feel the need to apply in person for a same day decision).

To be honest, though, I don't think you'll need to do that.

As said, the visa when issued will be valid for 33 months, but she only needs to spend 30 months in the UK to be time qualified for the next step.

So say, for example, she applies today; 2 November.

Visa takes 2 months to process, so is issued and dated 2 January.

She will have 3 months in which to enter the UK and still be ok; i.e. provided she enters before 2 April she will still be able to complete her 30 months without the need for an additional FLR application.

Obviously, if the visa takes longer than 2 months to process, the dates can be advanced by that amount.

Plus she can always ask for the start date be postponed until after her due date; provided that is not more than three months away. But, as said, if she does that she cannot enter the UK before the start date.

When is her due date?

Edited November 2, 2013 by 7by7

[Seekingasylum]

The processing times refer to working days. Thus, you are really looking at 3 calendar months. I suggest you add to your covering letter a request thye expedite the application so that your wife can travel before the birth and cite such circumstances as exceptional. They may well let you queue jump.

[GarryUK]

Thanks 7by7, always thorough and helpful, you should be paid for your contributions

Ok, so from what I've read it's okay to fly when pregnant up to 22 weeks, and then up to 32 weeks in the UK with a Doctors note (in Thailand the cut-off appears to be 28 weeks). With her being due at the end of March, 28 weeks puts us somewhere around January 2nd, so we're working on the basis that the visa needs to be approved by Christmas so she can fly by New Year.

Now there's no arguing that the visa processing times for Bangkok show that no visa is approved in just 40 days which is pretty much our deadline (and that's assuming 40 normal days from application not 40 working days as Seekingasylum just pointed out) - this is taken from the UKBA website:

Settlement Visas 2 days 3 days 5 days 10 days 15 days 40 days 60 days 90 days 120 days Total decisions made Settlement 0% 0% 0% 0% 0% 0% 93% 98% 98% 72

However, is the "Priority Visa Service" available to us as it says applications are processed in 3-5 days which in our situation is worth the extra 5100 baht? Number 3 says "A general or family visitor who has travelled in the previous 5 years to the UK". Well, isn't a spouse visa a family visitor, or is visitor the issue as she's applying basically for settlement visa? She was approved a general visit visa and spent June 15th to October 5th in the UK before we went back to Thailand together and got married. It really seems to come down to how you interpret "family visitor"...

Garry

EDIT: dam_n, in the preview the processing times chart displayed correctly, but now I've posted it's been stripped back to plain text. Basically 40 days 0%, 60 days 93%, 90 days 98%.

Edited November 2, 2013 by GarryUK

[Seekingasylum]

Priority service excludes settlement applications.

There is no assumption about it in relation to processing times. The days given are working days. They exclude days when the visa section is closed. 60 days equates to 12 weeks i.e. 3 months.

If you abandon all notion of an expedited application, after checking first with the ECM, then simply state a date on the application form when you want the visa to commence which is convenient for you. The form gives you an opportunity for this and can be post-dated up to a maximum of 3 months after issue.

Mountains out of molehills, as they say.

[Tony M]

She cannot use the priority service. It is mainly for visitors, and was extended on 1st November to include business visitors and some "workers" ( Tiers 1 & 2). Settlement applicants are not included

[redcardave]

i think you will do it in plenty of time

good luck

[GarryUK]

i think you will do it in plenty of time

good luck

I wish I could be as optimistic. From what everyone has said about working days and not being able to use the priority service I think we're going to be too late. We need a decision in 35 working days (assuming no holidays between now and Christmas), and that gives her a week to get a flight.

So very sad

[7by7]

Garry, you basically have 4 options; none of them disastrous.

1) Apply now and hope she gets her visa in time to fly (unlikely, to be honest). If she doesn't then she and the baby come to the UK after the birth, which as she is due at the end of March could be cutting it a bit fine for her to arrive within the first 3 months of her visa.

2) Apply now and ask for the start date to be postponed for three months. If you do this it will be valid from the date asked for or the date of issue, whichever is the later. Thus the earliest it would be dated from is the beginning of February, and she would have until the beginning of May in which to travel.

3) Apply closer to the birth so that the visa is, hopefully, issued shortly after.

4) Wait until after the birth to apply.

In your position, I'd go for option 2.

If you do this, put the start date in the relevant box at the beginning of the application form and ask for it in your sponsor's letter. Good idea to say why in your letter, too.

Plus, when she receives it she must check the start date immediately and contact them at once if it is wrong. Mistakes cannot be rectified at a later date.

All the best, whatever you decide.

Afterthought:

What are her feelings on the timing?

Would she be happy giving birth in the UK with hospital staff speaking to her in English and her family 6000 miles away?

Or would she prefer to give birth in Thailand with Thai hospital staff and her family there or nearby?

Edited November 2, 2013 by 7by7

[bifftastic]

First of all, congratulations on the pregnancy

I agree that you should go with option 2 of the above post.

The 60 days quoted in the processing times are indeed working days. Some friends of ours have just been granted the same visa (about two weeks ago), and it took just over three months.

So I don't think you'll get a decision before the baby is born.

Best to postpone the visa start date..

Good luck with everything.

[MrMo]

I've not read all the responses but of those I have seen, no one mentions that if the child is born in Thailand you will need to apply for and receive a British citizenship certificate from the Home Office for the child BEFORE you can apply for a British passport.

I do not know how long that process is these days as it has changed significantly since I did it some years ago.

The big question though is - Where you born in the UK ? If not, it may be a long and possibly impossible process to get that citizenship. A daughter of Boris Johnstone has to run around with a Belgium passport as Boris was born in New York and she in Brussels.

[7by7]

I've not read all the responses but of those I have seen, no one mentions that if the child is born in Thailand you will need to apply for and receive a British citizenship certificate from the Home Office for the child BEFORE you can apply for a British passport

Only if Garry is British by descent, that is he was born outside the UK or a qualifying territory.

See the first part of British citizenship basics for more.

Garry, you will see from the link I provided earlier that you will need certain documents to apply for your child's British passport; including your long form birth certificate.

[GarryUK]

Garry, you will see from the link I provided earlier that you will need certain documents to apply for your child's British passport; including your long form birth certificate.

I've been reading other threads about applying for a British passport for the child. It all seems so complicated, but I've got 5 months to prepare. I'm confused somewhat but I'll start a new post to seek answers to my questions on the passport issue after I've done a lot more reading. I'm a British citizen. I was born in England, as were my parents, their parents, and theirs before. Beyond that I've never looked at my family history.

As for the spouse visa, we've accepted that there's very little chance of it being approved in time so she'll have to have the baby in Thailand (her English is very good, she wanted to have it in the UK as did I). Somehow I'm going to have to find some money to go over again in March for the birth, then leave her and the baby behind after we've applied for a British passport while they wait for it to be issued. At some stage whether it's while I'm there or after the passport has been issued she'll go for the TB scan and apply for the spouse visa, then it'll be even more waiting and hoping that they'll finally get to come to the UK, so at this stage it's looking like a combination of options 2 and 3 - apply nearer the birth (3) asking for the start to be postponed (2) to allow time for the childs passport to be issued.

[GarryUK]

First of all, congratulations on the pregnancy

Good luck with everything.

Thank you.

[7by7]

I'm a British citizen. I was born in England, as were my parents, their parents, and theirs before. Beyond that I've never looked at my family history.

Then you are British otherwise than by descent, so you child will be British no matter where s/he is born.

But when applying for your child's first British passport you will need to provide your long form birth certificate to show that you are indeed British otherwise than by descent.

If born in Thailand the child will be British by descent. The only effect this will have is that her/his children will only be automatically British if born in the UK or a qualifying territory; unless the other parent is British otherwise than by descent in which case the child will inherit British citizenship from that parent no matter where they are born.

Sorry to get complicated; but unfortunately British nationality law is!