pregnant by british boyfriend, with student visa

hello,
Im Colombian , my boyfriend is British , I started an English course two months ago and my visa will expire on March 24 next year , I just realized that I 'm pregnant, the baby will be born about March 14 , we have been together for one and a half year, my boyfriend has a job where he earns 22,000 pounds per year
my last visa was charity worker, I returned to my country and apply for my current extendent student visitor visa.
My questions are:
do I have to give notice that I'm pregnant at the embassy?
can i get married here? I
do I have to travel with the baby of only 8 days after birth to my country ?
thanks

You can marry here and then switch to a FLR(M) spouse visa at any time before your current visa expires.
Alternatively, once you can prove with documented evidence that you have been living together in a relationship 'akin to marriage' for 2 years, you could apply as an Unmarried Partner, again on form FLR(M).
https://www.gov.uk/government/uploads/s ... _04-15.pdf

Casa wrote:You can marry here and then switch to a FLR(M) spouse visa at any time before your current visa expires.
Alternatively, once you can prove with documented evidence that you have been living together in a relationship 'akin to marriage' for 2 years, you could apply as an Unmarried Partner, again on form FLR(M).
https://www.gov.uk/government/uploads/s ... _04-15.pdf

thank you for reply, with my visa ¨"student visitor visa" (NO TIER 4) I cant get married. are there other way to switch to FLR (M) and Do I have to give notice of my pregnancy ? How long will it take to get an answer from the home office ? how far in advance I have to make the visa application ?
thanks

studentepregnant wrote:

Casa wrote:You can marry here and then switch to a FLR(M) spouse visa at any time before your current visa expires.
Alternatively, once you can prove with documented evidence that you have been living together in a relationship 'akin to marriage' for 2 years, you could apply as an Unmarried Partner, again on form FLR(M).
https://www.gov.uk/government/uploads/s ... _04-15.pdf

thank you for reply, with my visa ¨"student visitor visa" (NO TIER 4) I cant get married. are there other way to switch to FLR (M) and Do I have to give notice of my pregnancy ? How long will it take to get an answer from the home office ? how far in advance I have to make the visa application ?
thanks

Apply FLR as unmarried partner when you've lived together for two years and have proof.

Casa wrote:You can marry here and then switch to a FLR(M) spouse visa at any time before your current visa expires.

Wrong. OP is a Visitor, and cannot switch to spouse in the UK.

Wanderer wrote: Apply FLR as unmarried partner when you've lived together for two years and have proof.

Also wrong. As corrected above, OP is a Visitor and therefore cannot switch to any family or spouse status from within the UK.

Once you have been living together for 2 years, you could apply *in Colombia* (not in the UK) to come here as his unmarried partner. However, I am slightly concerned that you have apparently used an 11-month Visitor route to do that.

Was it all clear from your visitor visa application that you had a UK-based partner? For example, is he meeting the costs of your visit and providing free accommodation? Did you include evidence of that in your student visitor visa application?

sah10406 wrote:

Wanderer wrote: Apply FLR as unmarried partner when you've lived together for two years and have proof.

Also wrong. As corrected above, OP is a Visitor and therefore cannot switch to any family or spouse status from within the UK.

Once you have been living together for 2 years, you could apply *in Colombia* (not in the UK) to come here as his unmarried partner. However, I am slightly concerned that you have apparently used an 11-month Visitor route to do that.

Was it all clear from your visitor visa application that you had a UK-based partner? For example, is he meeting the costs of your visit and providing free accommodation? Did you include evidence of that in your student visitor visa application?

I missed the fact that the student visa is a Short Term Study visa. However, the length of residence won't be a problem as the following applies;
11 months - if you’re 18 or over and taking an English language course

The OP can marry in the UK but would have to apply for a spouse settlement visa from their home country.

sah10406 wrote:

Wanderer wrote: Apply FLR as unmarried partner when you've lived together for two years and have proof.

Also wrong. As corrected above, OP is a Visitor and therefore cannot switch to any family or spouse status from within the UK.

Once you have been living together for 2 years, you could apply *in Colombia* (not in the UK) to come here as his unmarried partner. However, I am slightly concerned that you have apparently used an 11-month Visitor route to do that.

Was it all clear from your visitor visa application that you had a UK-based partner? For example, is he meeting the costs of your visit and providing free accommodation? Did you include evidence of that in your student visitor visa application?

Where did I say they could switch in country?

Thank you for your help. I fear that you have not taken into account the baby, when my visa expires he will have 8 days old and he will be son of a British. Are there any way to apply from here considering the baby's birth?
Thanks

With respect, this is a serious situation and you need proper one-to-one professional immigration advice, not tips from random people online. Speak to your partner about seeking professional advice.

The people who have posted above mean well, but they are mostly amateur online immigration advisers giving their opinion, which is not useful. In the real world they would be prosecuted under OISC for giving unregulated immigration advice.

sah10406 wrote:With respect, this is a serious situation and you need proper one-to-one professional immigration advice, not tips from random people online. Speak to your partner about seeking professional advice.

The people who have posted above mean well, but they are mostly amateur online immigration advisers giving their opinion, which is not useful. In the real world they would be prosecuted under OISC for giving unregulated immigration advice.

Actually sah10406, I don't believe any of the members posting in this thread are 'amateur online immigration advisers'. The forum exists to help members with their immigration matters without charge and is in no way a contravention of the OISC regulations. Do you want the forum to close as a legal advisor who is concerned that you are losing business?
By the way, I'm surprised you missed the fact that the OP is permitted to stay for 11 months - (18 or over and taking an English language course)

sah10406 wrote:With respect, this is a serious situation and you need proper one-to-one professional immigration advice, not tips from random people online. Speak to your partner about seeking professional advice.

The people who have posted above mean well, but they are mostly amateur online immigration advisers giving their opinion, which is not useful. In the real world they would be prosecuted under OISC for giving unregulated immigration advice.

We are mostly people who have been in immigration hell or have been through certain processes personally and often the advice given by such people is more accurate than that given by the jumped-up wannabe solicitors that some OISC members seem to be.

Further to Wanderer's post I believe he will agree (with his 10 years on the forum + 7638 posts) that we frequently see members on here who have been given appalling advice by legal advisers, even OISC registered and often for uncomplicated cases.

Casa wrote:Further to Wanderer's post I believe he will agree (with his 10 years on the forum + 7638 posts) that we frequently see members on here who have been given appalling advice by legal advisers, even OISC registered and often for uncomplicated cases.

And to be fair I've come out with a fair amount of drivel as well, hence my sig!

Never drivel for profit though Wanderer

Wanderer wrote:Where did I say they could switch in country?

When you said "Apply FLR as unmarried partner..."

Casa wrote:Do you want the forum to close as a legal advisor who is concerned that you are losing business?

Not at all. I work for a charity, and I am one of those meaning-well amateurs myself.

By the way, I'm surprised you missed the fact that the OP is permitted to stay for 11 months - (18 or over and taking an English language course)

No, that's clear from OP's first post. But I did miss the nuance in the rules, you are absolutely right: although the guidance talks about not being about to switch from visitor to unmarried partner, the rules do not say that. They say you must have leave for more than six months, which she does. She can indeed in theory make an FLR application in the UK. However, I would be concerned about her credibility, given that she could appear to have used the visitor rules to live here with her partner, and caseworkers hate that.

With your OISC professional knowledge, is there anywhere in the Immigration Rules that says the OP is not permitted to co-habit with her partner while on an 11 month Short Term Study visa and later count this towards the 2 year qualification period for an UPV?

Casa wrote:With your OISC professional knowledge, is there anywhere in the Immigration Rules that says the OP is not permitted to co-habit with her partner while on an 11 month Short Term Study visa and later count this towards the 2 year qualification period for an UPV?

No need for sarcasm. And no, that is not an issue in itself. But someone's general credibility could be, if they previously withheld information that they had a British partner. But that's something for OP and her professional adviser to discuss, and may not even be relevant here.

I wasn't being sarcastic, I was recognising your knowledge of the Immigration Rules as a registered OISC immigration adviser. We don't know of course that the OP didn't declare the existence of a partner if the application required it.

Casa wrote:We don't know of course that the OP didn't declare the existence of a partner if the application required it.

Exactly, hence my cautious wording about that.

Sah I found your comments to not only be rude but also distasteful. Patronising someone by calling them an amateur when they actually moderate this forum and have helped thousands of people is of poor taste. Especially for someone who claims to work for a charity. I myself have seen a number of examples where OISC advisors make errors after all the exam they sit is 50% MCQ based. Everyone makes mistakes even top lawyers and you can by all means point out the mistakes to which is what this forum is about (group work) but you don't need the derogatory undertone. I've looked at your previous posts and I would say you have limited legal knowledge and perhaps even less advice experience going by your manner. I therefore suggest you consider carefully what you type in the future. It's not a wise idea to disrespect moderators on a forum.

E-LTRP.2.1 is what needs to be examined and prima facie the OP would not be prohibited from an In Country application. An in Country switch to FLR(M) should only be prohibited where the applicant is a visitor or has leave for 6 months or less, thus, not applicable in the OP's case.

If the OP were married then an application under Appendix FM may be appropriate, without marriage 2 years cohabitation would be required. Otherwise, an application under exception 1 may be considered.

I agree that the OP should seek legal advice.

Casa was correct with what she originally posted. It was Sha's lack of knowledge of the rules, specifically E-LTRP.2.1 which was the issue.

sah10406 wrote:

Casa wrote:You can marry here and then switch to a FLR(M) spouse visa at any time before your current visa expires.

Wrong. OP is a Visitor, and cannot switch to spouse in the UK.

It is quite ironic that a person who has given flawed advice is insulting the people who had indeed given correct advise.

Furthermore I fail to understand or comprehend how this individual was able to deduce that the OP was here on visitors visa.

The OP clearly stated that she was here on an extended student visa, which will expire on March 14, which I assume will be in 2016.

The advice of Casa was legally sound in law, and it is unfortunate that this individual had the audacity to challenge it.

I know Obie, the nerve of some people! If he is disrespectful like that again to Casa or any other moderator he will be banned.