Pregnant need help please

secret.simon wrote:CR001, thanks for the compliment. <<blushing furiously>>

I always thoroughly enjoy reading your posts like this, very informative and educational indeed

Wanderer wrote:

tanya27 wrote: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.

I think Wanderer is likely to be right. It's hard to get asylum from India at the best of times, and well-educated couple who can support each other and their baby and move anywhere in India aren't among the very few who might qualify.

The fact you were married before you came, and had family support (presumably?) to come and study in the UK won't help either.

The Home Office will say, I reckon, that (a) there is no evidence anyone will threaten you, that (b) if there is, you can seek protection from the state, or (c) move somewhere else in India, and (d) they won't believe you anyway because of the delay in claiming asylum.

If you do seek asylum, you will almost certainly NEVER be granted a visa again for Tier 4, work permit, anything.

Hi everyone, thank you for all your time and valuable advice on my situation. As of now, I'm pregnant and my baby is due on 26 Jan. Unfortunately we received a visa curtailment letter from HO stating we have to leave by 31 Jan (actual visa expires on 26 Feb). But I would have just delivered my baby at the said date. So, what would I do now? Will I be allowed to stay for a couple of months? My univ have washed their hands, no help from them. Getting such letter from HO means my univ has taken off its sponsorship? I'm not so strong physically. I think I can get a letter from my GP stating I won't be able to travel at this stage. Will I be able to extend my visa without sponsor based on medical reasons, for instance, my delivery? Please advise. Bottomline, we would like to extend or get a visa for another year without leaving UK.

This is a situation you have brought on yourself, to be honest - when were you intending to leave? Most airlines won't allow pregnant women to travel after 34 to 36 weeks, so if your visa expired in February, a few weeks after your baby was due, what were you planning?

Have you already booked a flight assuming that your visa wasn't going to be curtailed? If so, and that's within 28 days of the new expiry date, I'd let the Home Office know that you've already booked it.

Generally speaking, overstaying for less than 28 days is not a major problem. But again, you can't take a very newborn baby on most flights (airlines' policies vary, and depend on the length of the flights as well as other things) so if you go overdue, you could find 28 days a bit tight.

Check the curtailment letter carefully - it's not usual to have a visa curtailed so shortly before it expires. It will say what the reason is for curtailment, you shouldn't have to guess.

Be careful of incurring NHS charges after curtailment date, if there is no in-time valid application made.

tanya27 wrote:Hi everyone, thank you for all your time and valuable advice on my situation. As of now, I'm pregnant and my baby is due on 26 Jan. Unfortunately we received a visa curtailment letter from HO stating we have to leave by 31 Jan (actual visa expires on 26 Feb). But I would have just delivered my baby at the said date. So, what would I do now? Will I be allowed to stay for a couple of months? My univ have washed their hands, no help from them. Getting such letter from HO means my univ has taken off its sponsorship? I'm not so strong physically. I think I can get a letter from my GP stating I won't be able to travel at this stage. Will I be able to extend my visa without sponsor based on medical reasons, for instance, my delivery? Please advise. Bottomline, we would like to extend or get a visa for another year without leaving UK.

The Home Office is clearly aware of such a scenario occurring however, iIt's already been explained to you (last year) that such an extension is not possible.

See http://www.ukcisa.org.uk/International- ... in-the-UK/

If you are a Tier 4 migrant and you are pregnant, it is very important that you talk to an immigration adviser as soon as possible. If you find you need to interrupt your studies due to pregnancy, you and any dependants will normally need to leave the UK, then apply for new Tier 4 entry clearance in order to return to the UK and resume studies

Hi everyone, as my baby is due on 26 Jan, we would like to stay at least for 6 months in UK to regain health. But my visa, as stamped in my passport, expires on 26 Feb. And now we've received visa curtailment letter from Home Office asking us to leave UK by 31 Jan. No support from Univ as well. At this stage, we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby. Will we be considered illegal if we stay beyond 31 Jan as per HO letter?

You will be considered as illegal and as you've already been advised, may well be liable for all NHS charges including the birth of your baby. The cost of this could be considerable.
Unless you have a specific medical condition, you should be fit to travel with your baby at least 6 weeks after the birth, not 6 months.
http://www.babycentre.co.uk/x539495/whe ... th-my-baby

we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby

No. It doesn't take 6-8 months to recover from giving birth. Unless there are major complications of course. You will also not be eligible for any free NHS after the date on your curtailment letter and will have to pay private patient rates (150% of NHS prices) for everything for you and your baby.

Will we be considered illegal if we stay beyond 31 Jan as per HO letter?

Yes

Edit : #Casa

tanya27 wrote:Hi everyone, as my baby is due on 26 Jan, we would like to stay at least for 6 months in UK to regain health. But my visa, as stamped in my passport, expires on 26 Feb. And now we've received visa curtailment letter from Home Office asking us to leave UK by 31 Jan. No support from Univ as well. At this stage, we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby. Will we be considered illegal if we stay beyond 31 Jan as per HO letter?

Please listen to advice already given, you have zero grounds to remain, you visa is invalid.

Seems to me you are clutching at straws which don't exist even...

Thanks all. Your advice helps me understand our situation. Babycentre link has given tips for safe travelling with baby. In this regard, I should be getting a passport for my baby before travelling to India. Suppose I deliver my baby on 26 Jan, we both should be fit for travel after a couple of weeks. Then we have to take baby to embassy to get passport and I think we will receive it after some weeks. All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?

tanya27 wrote:Thanks all. Your advice helps me understand our situation. Babycentre link has given tips for safe travelling with baby. In this regard, I should be getting a passport for my baby before travelling to India. Suppose I deliver my baby on 26 Jan, we both should be fit for travel after a couple of weeks. Then we have to take baby to embassy to get passport and I think we will receive it after some weeks. All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?

Hi Tanya,

Another issue you will face, is the Passport for your child.
The parent should have valid leave as well which in your case its impossible.
I think you need to pay a visit to a reputable lawyer to discuss this matter.

Thanks
Ak

Visiting a solicitor would be beneficial, but we are not in a position to do so. It'd be very helpful if we could get answers to my questions posted above.

tanya27 wrote:Thanks all. Your advice helps me understand our situation. Babycentre link has given tips for safe travelling with baby. In this regard, I should be getting a passport for my baby before travelling to India. Suppose I deliver my baby on 26 Jan, we both should be fit for travel after a couple of weeks. Then we have to take baby to embassy to get passport and I think we will receive it after some weeks. All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?

Unless you have specific health problems following the birth of your baby, your GP will be unable or reluctant to certify that you are unfit to travel. Whether the issue of the passport for your baby is delayed or not, doesn't change the fact that you will be here illegally as you were aware of the curtailment but chose not to adhere to the terms, or act on advise given on the forum.
The hospital will probably ask to see your passport and will carry out checks with the Home Office to confirm your right to free treatment. Control has been tightened considerably.

by tanya27 » Thu Jul 30, 2015 9:41 am

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

And given that you have been asking the same question over and over since 30 July 2015 and been given the same advice over and over, you have had more than enough time and opportunity to make arrangements and leave the UK given your circumstances.

CR001 wrote:

by tanya27 » Thu Jul 30, 2015 9:41 am

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

And given that you have been asking the same question over and over since 30 July 2015 and been given the same advice over and over, you have had more than enough time and opportunity to make arrangements and leave the UK given your circumstances.

+1

You should be concentrating on getting your family and baby home safely rather than contriving to beat the system here.

Hi all, I would like to say everyone that my husband and I would like to stay in UK for the benefit of our child and ourselves. It is a right of every parent to offer their child better life. Only we are aware of the true ongoing situation in our place back home. It may seem I've been repeatedly asking same question, but actually we are trying to find ways to extend our stay. I think if you could spend time understanding our intentions, you wouldn't comment so. I respect all your experience and knowledge but there are certain harsh situations in life you would've never come across. As of now, I'm trying to get a hold here ever at least for a year or so. And I'm not trying to beat the system. If you read my questions, I have shown the time gap for processes. So I think we have a point to defend our stay. If you could clarify, it'd be be quite helpful.

As already pointed out, your inter-religious circumstances are not unique and your were married BEFORE you even came to the UK. India is a big country.

You also stated

tanya27 wrote: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.

You like it here, great, so do thousands of people trying to get into the UK. A baby born in the UK affords you no rights, this has been explained already. The baby will be an Indian citizen only.

You really are grasping at straws, there is no route available to you to remain in the UK.

Many thanks for reading my previous posts and taking time to reply. What will happen then? We have to stay here till we get passport for our baby, right? Will we be given a 10-year ban and deported after 31 Jan? Please advise.

tanya27 wrote:Hi everyone, as my baby is due on 26 Jan, we would like to stay at least for 6 months in UK to regain health. But my visa, as stamped in my passport, expires on 26 Feb. And now we've received visa curtailment letter from Home Office asking us to leave UK by 31 Jan. No support from Univ as well. At this stage, we would like to know if we will be permitted to say at least 6-8 months in UK after delivering our baby. Will we be considered illegal if we stay beyond 31 Jan as per HO letter?

No, you won't be permitted to stay 6-8 months. You can fly within a fortnight or so of giving birth, unless there are serious complications!

You will be considered illegal if you stay longer than 31st January. You won't get too much grief if the total time is less than 28 days.

After 31st January you won't be entitled to use the NHS wihtout paying for it.

tanya27 wrote: All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?

No, you can't realistically defend your stay on that basis. You've known for approximately 8 months that you were due to give birth a month after your visa ran out, and you are supposed to take responsibility yourself, in law, for that baby's identity documents, etc. This is a situation you've entirely brought upon yourself.

If you are asking about how to avoid paying NHS charges that you owe, I don't think this forum will be much help.

avjones wrote:

tanya27 wrote: All these recovery and passport processes itself will take at least a couple of months after I deliver my baby. But visa curtailment date is 31 Jan. If you say we would be illegal after 31 Jan, we can defend our stay based on my health and for getting passport for baby, right? Will a letter from GP be enough to support our stay here? And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?

No, you can't realistically defend your stay on that basis. You've known for approximately 8 months that you were due to give birth a month after your visa ran out, and you are supposed to take responsibility yourself, in law, for that baby's identity documents, etc. This is a situation you've entirely brought upon yourself.

If you are asking about how to avoid paying NHS charges that you owe, I don't think this forum will be much help.

+1 and to add that any unpaid NHS amount will be a hindrance and possible refusal for any future visa applications you make (visitor, student, work, etc) as UKVI check this information.

tanya27 wrote: And regarding NHS charges, how do NHS know of my visa curtailment, unless and until I inform them?

The UK no longer rely on people telling them when they must pay for use of their NHS. UKVI now has access to the NHS records and also use the NHS's Spine computer system to tell the NHS staff who must now be billed and who can have free treatment.

When a visa has ended or been revoked, UKVI put a red banner across the persons name on the NHS Spine computer system, which lets the NHS know that they must bill that person. If UKVI have put a green banner across the persons name on the Spine system, then the NHS staff know not to bill. No banner, then the NHS can check that persons passport or check with UKVI to see if they must be billed.

NHS staff are required to check on Spine, even whaen a BRP is shown as that may have been revoked. It is in the interest of the hospitals finances to do this. By billing, they get to keep all that money (and the 50% added if the person doesn't have insurance) instead of having to use their own NHS budget to pay for that treatment. If they don't bill, then they are fined and they lose more money from their budget - the cost of the treatment and the fine.

Hi everyone, many thanks for your valuable comments. I agree with your views and this is a situation we've brought upon ourselves. And I'm not using this forum to find a way to evade paying NHS fees (many thanks for Petal for clearly saying how we will be charged for NHS services) if we happen to pay or to extend our stay using false reasons. I respect this country and the law. But I'm trying to figure out what would happen as the days fall neck to neck. I mean, my delivery date (26 Jan) and visa curtailment date (31 Jan). I'm in good health now, so we possibly expect a normal delivery and I should be fine after few days. As in one of the comments, I think we will be having 28 days to leave UK after my visa curtailed date (31 Jan), right? During the 28-day stay, will we not be termed illegal? Within 28 days, we should get our baby's passport, right?

tanya27 wrote:Hi everyone, many thanks for your valuable comments. I agree with your views and this is a situation we've brought upon ourselves. And I'm not using this forum to find a way to evade paying NHS fees (many thanks for Petal for clearly saying how we will be charged for NHS services) if we happen to pay or to extend our stay using false reasons. I respect this country and the law. But I'm trying to figure out what would happen as the days fall neck to neck. I mean, my delivery date (26 Jan) and visa curtailment date (31 Jan). I'm in good health now, so we possibly expect a normal delivery and I should be fine after few days. As in one of the comments, I think we will be having 28 days to leave UK after my visa curtailed date (31 Jan), right? During the 28-day stay, will we not be termed illegal? Within 28 days, we should get our baby's passport, right?

Technically right. You might be called an Over stayer if not illegal.

Thanks
Ak