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Leave and re enter the UK

General UK immigration & work permits; don't post job search or family related topics!

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myers1811
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Leave and re enter the UK

Post by myers1811 » Mon May 31, 2021 3:39 pm

Hello people,

My fiance is here from Canada and has been since Jan 26th of this year, we initially came back for a few months just to say a final goodbye to my family as I am moving to Canada whilst I await for my visa to be approved.

So my fiance came with me to say goodbye to them and visit them, however... we she fell pregnant and is now 16 weeks pregnant and due in November.

IWith the pregancy news, I decided to get a job to support us better when we go back to Canada.

However, her 6 months runs out on July 26th... we was wondering if we could go to one of the "green countries" in europe for a few days at the start of July to effectively re-set that 6 months so I can work for a couple more months to get some more savings and then we both go back to Canada in September/October so she can have the baby in Canada and we can settle down there!

Her previous history is that shes only been here once before as a visitor and that was for 10 days or so and then she was here until October 10th 2020 on a 2 year tier 5 youth mobility visa which ran from Nov 17th.

So in total 10 days as a visitor a couple years ago, Nov 2018 to 0ct 2020 and then we was in Canada until Jan 26th of 2021.

Just wondering if she would be denied entry when we come back to Europe due to us going there and coming back so close to her original expiry date?

Thank you

myers1811
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Re: Leave and re enter the UK

Post by myers1811 » Mon May 31, 2021 3:43 pm

I'm aware no one can say for sure but just wondering if it's like to be like 100% no chance of getting back in.

We do have proof of a return flight back home for October and we also have proof of my visa being in the works.

iwolga
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Re: Leave and re enter the UK

Post by iwolga » Tue Jun 01, 2021 1:23 pm

As a general rule, a visitor shall not be residing in the UK i.e. spend more time in the UK than in their own country. As a non-visa national, she can get away with this on her return to the UK, but equally she might be stopped and denied entry.

Clock is not really "reset" that easy i.e. she shall not spend in the UK more than 180 days in any 365 days, so no matter if she's admitted or stopped, she might be violating immigration rules.

As a side note, make sure she has private insurance as she is not covered by NHS unless it is an emergency. Pregnancy can be rather unpredictable.

JB007
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Re: Leave and re enter the UK

Post by JB007 » Tue Jun 01, 2021 2:37 pm

iwolga wrote:
Tue Jun 01, 2021 1:23 pm
As a side note, make sure she has private insurance as she is not covered by NHS unless it is an emergency. Pregnancy can be rather unpredictable.
Will health insuarnce while visiting the UK, cover NHS maternity care costs?

As iwolga has stated, your fiance, visiting the UK, will have to pay the NHS.
https://www.gov.uk/guidance/nhs-entitle ... alth-guide

https://www.gov.uk/government/collectio ... -programme

The Immigration Health Surcharge (to use the NHS without being charged) that she will have paid for her Tier 5 (YMS) visa, expired when that visa did.

iwolga
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Re: Leave and re enter the UK

Post by iwolga » Tue Jun 01, 2021 3:37 pm

JB007 wrote:
Tue Jun 01, 2021 2:37 pm
iwolga wrote:
Tue Jun 01, 2021 1:23 pm
As a side note, make sure she has private insurance as she is not covered by NHS unless it is an emergency. Pregnancy can be rather unpredictable.
Will health insuarnce while visiting the UK, cover NHS maternity care costs?
I don't think that it'll cover regular appointments, but depending on the insurance it can cover emergency situations/things not covered by emergency NHS. Not all insurance companies are ready to insure pregnant women, I really struggled with a cover for 10 days trip to the Continent.

JB007
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Re: Leave and re enter the UK

Post by JB007 » Tue Jun 01, 2021 4:11 pm

iwolga wrote:
Tue Jun 01, 2021 1:23 pm
not covered by NHS unless it is an emergency.
Some emergencies have to be paid for if they are admitted to hospital as an in-patient and they are billed @ 150% of the NHS cost: the same with any follow up care.

The National Health Service (Charges to Overseas Visitors) Regulations 2015 and government guidance on overseas visitors hospital charging regulations outline the NHS services that are currently free of charge irrespective of an overseas visitor’s country of normal residence (as long as they have not travelled to the UK for the purpose of seeking that treatment). These services are:

accident and emergency services, such as those provided at an A&E department, walk-in centre, minor injuries unit or urgent care centre (not including emergency services provided after being admitted as an inpatient, or at a follow-up outpatient appointment, for which charges must be levied unless the overseas visitor is exempt) ...

https://www.gov.uk/guidance/nhs-entitle ... alth-guide

Pregnacy is an emergency, in that treatment cannot be refused by the NHS, but it is still billed if they are not allowed to use the NHS without charge. e.g. a visitor.

myers1811
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Re: Leave and re enter the UK

Post by myers1811 » Tue Jun 01, 2021 5:20 pm

iwolga wrote:
Tue Jun 01, 2021 1:23 pm
As a general rule, a visitor shall not be residing in the UK i.e. spend more time in the UK than in their own country. As a non-visa national, she can get away with this on her return to the UK, but equally she might be stopped and denied entry.

Clock is not really "reset" that easy i.e. she shall not spend in the UK more than 180 days in any 365 days, so no matter if she's admitted or stopped, she might be violating immigration rules.

As a side note, make sure she has private insurance as she is not covered by NHS unless it is an emergency. Pregnancy can be rather unpredictable.
Thanks for replying, we are aware it may cause concern at the border but we do have proof of a return ticket to Canada and also a job offer for once she has had the baby.

I have also read on the GOV website that you can spend more than 180 days in 365 you just have to show you're not LIVING in the UK.

Also, medical care doesnt cover us unfortunately, we are paying the NHS fees which are a lil expensive haha

iwolga
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Re: Leave and re enter the UK

Post by iwolga » Tue Jun 01, 2021 7:04 pm

myers1811 wrote:
Tue Jun 01, 2021 5:20 pm
Thanks for replying, we are aware it may cause concern at the border but we do have proof of a return ticket to Canada and also a job offer for once she has had the baby.

I have also read on the GOV website that you can spend more than 180 days in 365 you just have to show you're not LIVING in the UK.
Not sure where you found this info. GOV website explicitly says that while on tourist visit (visa or no visa), it is prohibited “to live in the UK for long periods of time through frequent or successive visits”. This is exactly what your plan is atm.

myers1811
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Re: Leave and re enter the UK

Post by myers1811 » Tue Jun 01, 2021 7:24 pm

iwolga wrote:
Tue Jun 01, 2021 7:04 pm
myers1811 wrote:
Tue Jun 01, 2021 5:20 pm
Thanks for replying, we are aware it may cause concern at the border but we do have proof of a return ticket to Canada and also a job offer for once she has had the baby.

I have also read on the GOV website that you can spend more than 180 days in 365 you just have to show you're not LIVING in the UK.
Not sure where you found this info. GOV website explicitly says that while on tourist visit (visa or no visa), it is prohibited “to live in the UK for long periods of time through frequent or successive visits”. This is exactly what your plan is atm.
The below is taken from the visitor guidance book

There is no specified maximum period, which an individual can spend in the UK in
any period such as ‘6 months in 12 months’ (as long as each visit does not exceed
the maximum period for that visit, normally 6 months). However, if it is clear from an
applicant’s travel history that they are seeking to remain in the UK for extended
periods or making the UK their home you should refuse their application.

We have enough proof (we think) to prove that we are not intending to make the UK our home.

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