Pregnant need help please

[tanya27]

Hi, I've come from India with my husband. I got enrolled in an university and my visa expires on February 2016. Now I'm pregnant and due date is 30 January 2016. Please advise if I will be allowed to extend my visa after my delivery, at least for 6 months. We're planning to settle down as well after some time. Will we be allowed to make an application based on the birth of our baby in UK? Will our baby be benefited in any way for being born in UK? Please advise. Many thanks. - Tanya

[Wanderer]

What is your current visa status?

[tanya27]

I'm in Tier 4 student visa expires February 2016. My husband as dependent.

[Wanderer]

You can't extend because of the baby, I think you'd better better extending your student visa.

Are you studying now?

[tanya27]

Yes. I'm doing a pg course. But I'm not sure if I can try enrolling another course after delivery. Do you say, I will not be able to extend visa based on delivering baby even through a solicitor? If yes, at least 6 months would be fine. If no, what are other options apart from not enrolling a new degree. Please advise.

[Wanderer]

If you suspend your studies for personal or academic reasons (e.g. illness, pregnancy, maternity or paternity leave, financial reasons) then the UK Border Agency (UKBA) would usually expect you to return to your home country unless you are not medically able to do so. In the case of pregnancy, you may not be able to return home if you are in the late stages of pregnancy.

Are you able to return home?

[tanya27]

Actually, we would like to extend our stay in UK as we feel we will have a better life here. I would like to know if a solicitor can be of help extending our stay quoting birth of my baby in UK. If I go then it'd be tedious for us to apply for visa again and come to UK. We somehow like to extend stay. Please advise.

[Wanderer]

Actually, we would like to extend our stay in UK as we feel we will have a better life here. I would like to know if a solicitor can be of help extending our stay quoting birth of my baby in UK. If I go then it'd be tedious for us to apply for visa again and come to UK. We somehow like to extend stay. Please advise.

Not possible I'm afraid unless you or your husband qualify on other grounds.

Having a baby in UK confers no right to remain for either the child or the parents.

[tanya27]

So, do we have to leave UK after delivering baby in Jan 2016? For instance, if I interrupt my studies for medical reasons, maybe by Sep 2015, will be given an extension from Feb 2016, when my visa expires, for a period of 6 or more months for completing my study? Can I quote a medical reason for extension?

[Wanderer]

So, do we have to leave UK after delivering baby in Jan 2016? For instance, if I interrupt my studies for medical reasons, maybe by Sep 2015, will be given an extension from Feb 2016, when my visa expires, for a period of 6 or more months for completing my study? Can I quote a medical reason for extension?

If you can't extend your student visa by then, yes.

Like I posted above, the UVKI would expect you to leave the UK when you suspend your studies to have a baby, they won't allow you to extend purely on having given birth.

But if you're still a student, still registered at your place of study you should be extended, but then again, you attendance might be an issue.

[Casa]

Be wary of the considerable fees you may have to pay for the birth of your baby in the UK and the post-natal care.

[Wanderer]

Be wary of the considerable fees you may have to pay for the birth of your baby in the UK and the post-natal care.

If the OP is on T4 that should be ok, question is is she now a bona fide student?

[geriatrix]

Can I quote a medical reason for extension?

"Quoting" a medical reason is will not serve any purpose unless it is backed up by documentary evidence from qualified medical specialists.

[Casa]

Also see this from uwe.ac.uk
International students
International students on tier 4 student visas who become pregnant during their studies are
advised that they must seek up-to-date immigration advice promptly. Students cannot extend
their visa for reasons relating to pregnancy or maternity, and the maximum period of approved
authorised absence will be considered on an individual basis in line with UK Border Agency
regulations. In all cases, the University’s legal responsibilities in relation to the sponsorship of
international students under the points-based immigration system will take precedence.

[tanya27]

Hi everyone, many thanks for posting all your replies for my earlier question. Now I have another question with regard to my stay in UK. On reading all your replies I understand my visa may not be extended based on delivery. So we are thinking of another angle. My partner and I are from different religions. He is a Hindu and I'm a Christian. We both are from India. As my Tier 4 visa expires on Feb 2016, we are planning to submit application claiming asylum as we are from different religions and our lives will be in danger, esp. the baby's, if we move to India. My partner is in dependent visa. Please advise me the possibilities. I request you all to treat my question with respect. Thank you.

[Wanderer]

Hi everyone, many thanks for posting all your replies for my earlier question. Now I have another question with regard to my stay in UK. On reading all your replies I understand my visa may not be extended based on delivery. So we are thinking of another angle. My partner and I are from different religions. He is a Hindu and I'm a Christian. We both are from India. As my Tier 4 visa expires on Feb 2016, we are planning to submit application claiming asylum as we are from different religions and our lives will be in danger, esp. the baby's, if we move to India. My partner is in dependent visa. Please advise me the possibilities. I request you all to treat my question with respect. Thank you.

There are no grounds for a genuine asylum claim here.

[tanya27]

Hi Wanderer, you mean our asylum claim based on inter-religious marriage, and now a baby, may be successful?

[tanya27]

Any reply/info regarding my query would greatly be appreciated as we are nearing our visa period. We would like to start any process at the earliest to extend our stay. Many thanks.

[Wanderer]

Hi Wanderer, you mean our asylum claim based on inter-religious marriage, and now a baby, may be successful?

No, I think not.

[tanya27]

Many thanks for letting me know, Wanderer.

[CR001]

Hi Casa, I'm very sorry for posting my query on multiple threads. Actually I'm anxious/desperate to know what would be the outcome. And if it would be one of the ways to get asylum or not. I respect both of your time in conveying your replies. But I'm looking for a clearer reply. For instance, if we apply for asylum stating our situation (inter-religious marriage) at the end of my study visa, will we be allowed to stay at least for a year or we will be deported? Many thanks and sorry again.

You started your query saying you came from India with your husband, so clearly you were already married before you came to the UK.

Just because you like it here doesn't mean that HO can or should bend the rules to accommodate your wishes to stay. HO know all the things people try to claim asylum and to be honest, I have friends in the same inter-religious marriage situation as yourself who have never had a problem of 'safety or danger'.

Either you extend your visa if you are still a genuine student or your husband applies for a student visa or Tier 2 General visa if he qualifies.

[Casa]

As hard as it may seem to you both, your situation won't be considered valid for an asylum application. CR001 has pointed out that you travelled here from India with your husband, knowing that your visa would eventually expire. The days of an 'anchor baby' securing the right to remain are long gone.

[secret.simon]

Inter-religious marriages are not that unknown in India. There is even a Special Marriages Act for them.

As for well-known inter-religious couples, think Indira Nehru (Hindu) and Feroz Gandhi (Zoroastrian), Rajiv Gandhi (Hindu) and Sonia Maino (Catholic), Shahrukh Khan(Muslim) and Gauri Chhibber (Hindu) or Aamir Khan (Muslim) and Kiran Rao (Hindu). And I have known a fair few inter-religious couples myself.

Secondly, India is a vast country. Even if it may be infeasible to live in your home city, the Home Office could argue that you can move to another city within India.

For both the reasons listed above, I think that an asylum application will be rejected.

[CR001]

@ss, thanks for that, you are a wealth of information. We should change your username to 'encyclopedia'

[secret.simon]

CR001, thanks for the compliment. <<blushing furiously>>