International student pregnant - Visa advice

My girlfriend is an international student here in the uk, I am a full UK citizen.

We have just found out she is pregnant, can anyone offer advise around her staying in the uk? I assume the best option is to get married and apply for a new visa before the baby is born?

Thank you.

David101 wrote: ↑

Sat Aug 17, 2019 4:41 pm

My girlfriend is an international student here in the uk, I am a full UK citizen.

We have just found out she is pregnant, can anyone offer advise around her staying in the uk? I assume the best option is to get married and apply for a new visa before the baby is born?

Thank you.

Congratulations

My understanding is the following: if the baby is born and your are not married, he will follow the immigration status of his mother. It means he will be dependent on her Tier 4 visa and would then leave with her when her visa expires.

If you are married, then only he will be British at birth.

A friend of mine had this situation some time ago and he had to marry immediately. However, in his case, it appeared later that the baby wasn't his.

Zerubbabel wrote: ↑

Sat Aug 17, 2019 7:56 pm

My understanding is the following: if the baby is born and your are not married, he will follow the immigration status of his mother. It means he will be dependent on her Tier 4 visa and would then leave with her when her visa expires.

If you are married, then only he will be British at birth.

A friend of mine had this situation some time ago and he had to marry immediately. However, in his case, it appeared later that the baby wasn't his.

You are WRONG. Even if NOT married, the child is still automatically British if born to a British father. These nationaity laws changed in 2006 regarding children of unmarried parents.

Thank you CR001

I didn't know as my exposure to this was through a friend and he married last year because he was told the child won't be British otherwise. But the girl was an overstayer, may be it played a role.

Zerubbabel wrote: ↑

Sun Aug 18, 2019 8:40 am

Thank you CR001

I didn't know as my exposure to this was through a friend and he married last year because he was told the child won't be British otherwise. But the girl was an overstayer, may be it played a role.

If someone on the bus or at the pub told, then he was told incorrectly. Even worse if a solicitor told, then he was very ill advised. Overstayer parent or not, a child born in the UK to a British father and it can be proved (often with DNA test), is British.

David101 wrote: ↑

Sat Aug 17, 2019 4:41 pm

We have just found out she is pregnant, can anyone offer advise around her staying in the uk? I assume the best option is to get married and apply for a new visa before the baby is born?

I can only comment on her Tier 4 visa. If she is thinking of switching to a spouse visa after marrying you, she will need separate advice on that. You didn't actually ask about the baby's position, although as you have seen above, it is not a good idea to crowdsource visa advice from non-professionals.

Whether she can continue on her Tier 4 visa depends on whether she intends to continue her course, and is able to do so. She needs to discuss her options with the university that is sponsoring the visa.

The basic position for a student who is pregnant is the same as for someone who is ill. If they withdraw from the course or interrupt their studies, their Tier 4 visa will need to be curtailed, and if they need to stay in the UK they need to get immigration legal advice on their options. The only way a pregnant student can continue with a Tier 4 visa is if she continues her studies on the same schedule, for example if she gives birth in a vacation or during an agreed short break that does not end up deferring her studies.

Here is the official document. Read from page 5

https://assets.publishing.service.gov.u ... v3-ext.pdf

Zerubbabel wrote: ↑

Sun Aug 18, 2019 1:40 pm

Here is the official document. Read from page 5

https://assets.publishing.service.gov.u ... v3-ext.pdf

OP is not asking about the child's visa, but about his girlfriend's.