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Pregnant and Visa soon to expire

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Zophia1
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Pregnant and Visa soon to expire

Post by Zophia1 » Tue May 30, 2017 7:16 pm

I'm looking for information / advice:

I came to UK on 6 month tourist visa in September 2016 to be with my partner who is now a British Citizen. I returned home after 6 months in March 2017 and was about 3 months pregnant.

I returned to UK 2 weeks later on another 6 month visa and am due to have baby end of August in UK.

My visa expires in September 2017.

I need to know if I can now have indefinite leave to remain because my baby will be born in U.K. to father who is now British? If I do not return to my country when my visa expires what will happen?

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CR001
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Re: Pregnant and Visa soon to expire

Post by CR001 » Tue May 30, 2017 7:23 pm

I came to UK on 6 month tourist visa in September 2016 to be with my partner who is now a British Citizen. I returned home after 6 months in March 2017 and was about 3 months pregnant.

I returned to UK 2 weeks later on another 6 month visa and am due to have baby end of August in UK.

My visa expires in September 2017.
You are not a genuine visitor then. You must not be in the UK for longer than in your home country per 12 month cycle as a visitor. What is your nationality?
I need to know if I can now have indefinite leave to remain because my baby will be born in U.K. to father who is now British?
No you cannot. Just having a baby in the UK does not give you any legal status. Why have you not applied in the proper way for a partner/spouse visa? You also are NOT permitted to use the free NHS and should be paying 150% of the cost.
If I do not return to my country when my visa expires what will happen?
You will be an overstayer, illegal and have no status in the UK.
Char (CR001 not Casa)
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Casa
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Re: Pregnant and Visa soon to expire

Post by Casa » Tue May 30, 2017 7:28 pm

1. As you have no access to NHS facilities, have you arranged Private medical treatment for the birth of your baby and the ante-natal care?

2. Giving birth in the UK doesn't give automatic right to remain in the UK, even when the father is British. In any event you wouldn't qualify for ILR, at best you might be given FLR(FP) partner route which is a 10 year route to settlement (ILR). There's only a slim chance that a FLR(FP) application will succeed.

However, unless you have been living in a relationship 'akin to marriage' for a minimum of 2 years, you will be unable to apply under FLR(FP) as an unmarried partner

It will also not be in your favour that you obviously returned to the UK in order to give birth here.

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(Casa, not CR001)
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Zophia1
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Re: Pregnant and Visa soon to expire

Post by Zophia1 » Tue May 30, 2017 7:34 pm

My partner is still married but separated from his wife, so did not try to apply as partner.

So far I have not been asked to pay for maternity services, I thought this because baby's father is now British?

I am from Armenia and my partner originally from Azerbaijan.

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CR001
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Re: Pregnant and Visa soon to expire

Post by CR001 » Tue May 30, 2017 7:39 pm

So far I have not been asked to pay for maternity services, I thought this because baby's father is now British?
No, unfortunately that is not how it works. YOU are not entitled to free NHS and YOU are the one who is pregnant. You must pay for ALL your NHS/medical usage. A birth alone, without complications, can cost in excess of £3000. If you don't pay, this is a basis for visa refusals.
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Casa
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Re: Pregnant and Visa soon to expire

Post by Casa » Tue May 30, 2017 7:42 pm

Zophia1 wrote:My partner is still married but separated from his wife, so did not try to apply as partner.

So far I have not been asked to pay for maternity services, I thought this because baby's father is now British?

I am from Armenia and my partner originally from Azerbaijan.
The father having British nationality doesn't give you access to the NHS. The fees for the normal birth alone are likely to amount to between £2-3,000 or more.

I recommend you read through the information in the link below:
https://www.gov.uk/government/publicati ... pital-care

Note:
People who live outside the EEA, including former UK residents, should now make sure they are covered by personal health insurance, unless an exemption applies to them. Anyone who does not have insurance will be charged at 150% of the NHS national tariff for any care they receive.

An outstanding bill of more than £500 will mean a refusal on future visa applications.

Edit: Beaten again by CR001 :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Zophia1
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Re: Pregnant and Visa soon to expire

Post by Zophia1 » Tue May 30, 2017 7:56 pm

Is it unusual for me not to have been charged for my appointments? When should I expect to pay?

Can I be made to leave UK with my baby after it is born?

Does it make difference for my partner to still be married to my application?

I think I must need Lawyer to help me now - will they be able to help my situation?

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CR001
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Re: Pregnant and Visa soon to expire

Post by CR001 » Tue May 30, 2017 8:17 pm

You MUST tell the NHS service providers that you are only on a visitor visa and have to pay.

Yes, with no legal status in the UK the Home Office can very well ask you to leave.

A lawyer will happily take your money and tell you they can help you but it is not always possible and you really are creating a difficult situation for yourself.

If the baby is born in Armenia, it will still be British so why not go home and give birth there?

Also, you should be aware that for your baby to get a British passport, you will have to submit DNA evidence of the British father due to the fact that you are not married.

I also hope you are not working in any capacity while you are in the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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