Pregnancy and overstaying

Hi

I have a TIER 4 visa, and I haven't finished my studies. I would be getting the degree by May or June 2015. My visa expires on 10 August 2015. As far as I know, Home office wouldn't shorten my stay, since my course ending is within 60 days before my expiry date.
The problem is that I am pregnant and I am due around 2 August. By the time I finish my degree, I might not be able to travel, since I will be more than 30 weeks (7 months) and I cannot take a flight in such conditions. Mi question is if I could ask Home office to stay in the UK until I am able to travel, perhpas within 2 months after givinh birth. In such case, would I need to appeal to Human rights? I haven't found a lot about this on their website. Would I have any problem with health assistance?

as per my understanding one can travel as early as after 2 weeks of giving birth. but that really depends on what type of delivery it was and how are things after delivery.

timeline to be kept in mind is.

1. visa expiry: 10 august 2015
2. due date: 2 august (may change, either go up or down)
3. you will still have 28 days after visa expiry which is the grace period and you will not become an overstayer

so i think inform your doctor about the situation. get a letter from the doctor. e-mail, fax or post that letter to the UKVI and they will most certainly understand the situation.

you will be fine. good luck

guero5 wrote:I would be getting the degree by May or June 2015. My visa expires on 10 August 2015. As far as I know, Home office wouldn't shorten my stay, since my course ending is within 60 days before my expiry date.

The problem is that I am pregnant and I am due around 2 August. By the time I finish my degree, I might not be able to travel, since I will be more than 30 weeks (7 months) and I cannot take a flight in such conditions.

You will be 7 months pregnant when you finish your degree, why not fly out then?

You also need to think about how will you pay for your birth if your baby is born after your visa expires. How will you pay any treatment you might need for your child or yourself after 10 August? Your free NHS ends when your student visa ends.

guero5 wrote:Hi

I have a TIER 4 visa, and I haven't finished my studies. I would be getting the degree by May or June 2015. My visa expires on 10 August 2015. As far as I know, Home office wouldn't shorten my stay, since my course ending is within 60 days before my expiry date.
The problem is that I am pregnant and I am due around 2 August. By the time I finish my degree, I might not be able to travel, since I will be more than 30 weeks (7 months) and I cannot take a flight in such conditions. Mi question is if I could ask Home office to stay in the UK until I am able to travel, perhpas within 2 months after givinh birth. In such case, would I need to appeal to Human rights? I haven't found a lot about this on their website. Would I have any problem with health assistance?

Better to put flr fp before expiry of your visa on hunam rights grounds. U will get 2 to 3 months time. Dont need to inform HO u r entitled to apply any visa before expiring the current one.

YES
FLR(O) IS THE BEST OPTION TO BUY 2-3 MONTHS
IF YOU ARE LUCKY EVENY 6 MONTHS

ND THEN YOU CAN ALWAYS CHANGE YOUR APPLICATION IF YOUR CIRCUMSTANCES CHANGE

I HAVE PREVIOUSLY USED FLR(O) TO KEEP MY STATUS LEGAL AND KEEP 10 YEAR RESIDENCY CONTINUED
I KNOW GOOD SOLICITORS WHO HELPED ME IN THAT......IT WILL BE BETTER IF YOU ALSO DISCUSS WITH A PROFESSIONAL SOLICITOR

aaliya1986 wrote:as per my understanding one can travel as early as after 2 weeks of giving birth. but that really depends on what type of delivery it was and how are things after delivery.

timeline to be kept in mind is.

1. visa expiry: 10 august 2015
2. due date: 2 august (may change, either go up or down)
3. you will still have 28 days after visa expiry which is the grace period and you will not become an overstayer

so i think inform your doctor about the situation. get a letter from the doctor. e-mail, fax or post that letter to the UKVI and they will most certainly understand the situation.

you will be fine. good luck

Please ignore the advice from 3 onwards in the above post is it incorrect.

The '28 days grace period' is commonly misconceived as allowing an extra 28 days after the expiry of a person's visa to remain in the uk lawfully before the person becomes an overstayer. This is wrong. If your visa expires on 10 August then you become an overstayer on 11 August unless you make an application to extend your stay on or before 10 August.

The 28 day grace period only allows a person to make an immigration application after their leave has expired and for the Overstay to be disregarded if the application is made within 28 days of the leave expiring but the person is still overstaying and the overstay does not stop until further leave is granted.

Simply writing to the home office with evidence that you are pregnant will do nothing, ok so they probably won't forcibly remove you but you will still be here unlawfully after 10 August.

I would echo the advice of some of the other posters. It is possible to fly after 30 weeks- it is the discretion of the airline. If you are going to remain here to give birth you need to check your eligibility for free nhs treatment once you have finished studying, giving birth is an expensive business if you are liable to pay. Can you obtain medical insurance to pay for this (maybe not possible given that you are already pregnant) an FLR(o) application if made before your leave expires will buy you more time to be here lawfully but that's about it. What is the nationality and immigration status of the father? What is your nationality?

You say you will be "getting the degree by May or June 2015". Do you mean this is the date you will get your results, or the end of your course? You can leave the UK as soon as you have finished all the course requirements, and it sounds like that could be well before you are 7 months pregnant.