UK Tier 2 ICT Visa Expiry and pregnancy due at same time

Hi,

I hope someone can help me get relevant information regarding an issue that I have been struggling to acquire information.

I am currently working in the UK on Tier 2 ICT long term visa. Due to 5 years stay limitation in last 6 years rule which I came to know just 5 days ago when I applied for my work permit extension, I have only 2 more months left in current ICT visa. My wife is 7+ months pregnant and NHS doctor told us that they would not give medical fitness certificate to her to fly. Hence, we are in a difficult situation now and could not be able to decide what to do.

Pregnancy due date and my visa end date are at same time (just 2 days gap between the due date and visa end date). I can't fly while my wife is pregnant and can't fly with newborn as well at least for first 7 days. Getting an Indian passport for my kid also not easy in the short duration of time we have. Is there any exemption to extend our visa considering the situation? Kindly help.

It may be possible to extend your and your wife's leave outside the Immigration Rules based on compassionate and compelling circumstances. The form is FLR(HRO)

However, there may be other options:

In case your sponsor is willing to employ you beyond the work end date in your current CoS they could assign a new CoS with a salary of at least £73,900.

You could switch to a Skilled Worker visa with an employer who has a SW sponsor licence.

chuchen wrote: ↑

Fri Nov 26, 2021 11:04 am

My wife is 7+ months pregnant and NHS doctor told us that they would not give medical fitness certificate to her to fly. Hence, we are in a difficult situation now and could not be able to decide what to do.

Pregnancy due date and my visa end date are at same time (just 2 days gap between the due date and visa end date). I can't fly while my wife is pregnant and can't fly with newborn as well at least for first 7 days. Getting an Indian passport for my kid also not easy in the short duration of time we have. Is there any exemption to extend our visa considering the situation? Kindly help.

Something else to consider is your wife's cost of the birth and post natel care and any other care for your wife and baby when your wife's IHS/visa has expired. The NHS is only free to some people.

5.8
An individual who pays the health surcharge is only entitled to free treatment on the
same basis as an ordinary resident (but excluding assisted conception services)
once their application for a visa has been granted, and not from the date when the
health surcharge is paid. The exemption from charges for relevant services applies
to the period of leave to enter or remain in the UK granted to the person. Once that
leave expires or is curtailed, the person becomes liable for charges from then on,
including where the person is part-way through a course of treatment unless an
exemption in the charging regulations applies
Page 38 & 39
https://assets.publishing.service.gov.u ... ations.pdf

If you read the rest of that lnk,they won't refuse treatment as a birth is classed a medicacl emergency, but those who have a medical emergency are still billed. Not paying NHS debt can affect future visas (as that link also shows).

You putting in an in time, valid application for another visa might help??? Others can advise on this.