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Married to UK Citizen, pregnant and Visa has run out

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

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rflook
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Posts: 1
Joined: Sat Dec 18, 2010 3:36 pm

Married to UK Citizen, pregnant and Visa has run out

Post by rflook » Sat Dec 18, 2010 3:46 pm

Hi, hoping someone can help here.

Firstly this isnt my problem but my friend, but she seems utterly paralysed by fear at the moment and unable to help herself, so i thought id take the initiative and see if i can help in any way.

A good friend and colleague of mine is Canadian. She married her long term BF of 6 years in April this year and fell pregnant over the summer. She had a long term working Visa (a good few years i think) but she cleverly didnt do anything until recently. However she unfortunately applied for citizenship before she actually had indefinate leave to remain and so they rejected her application.

Now her Visa has run out, and her workplace, the school where she teaches (for over three years), has dismissed her because she is not allowed to work in the UK. I suggested she get a lawyer, but she says she cant afford to and has refused my offer of monetary help. She is terrfied of having her baby without her husband by her side and as he is currently unemployed their cash situation is dire. I would have hoped that the home office wouldnt send a pregnant mother away and split up a family. But in this country who knows. Does anyone have any suggestions/helpful tips?

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Sat Dec 18, 2010 7:20 pm

What nationality is her boyfriend and if not british - what's his status in the UK?

When did the visa run out?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Dec 19, 2010 12:40 am

The title states that husband is a British citizen. It's possible that they may grant her discretionary leave due to her marriage and pregnancy.
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mochyn
Diamond Member
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Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Sun Dec 19, 2010 9:33 am

The quickest way to get leave to remain in the UK is for her to return to Canada to get a spousal visa as you are not allowed to change visa status within the UK.The spousal visa gives her the right to work immediately.
If she applies for Discretionary leave to remain it may takes years to be granted and she will not be allowed to work.
Her failure to follow the correct procedure within the Home Office system is going to cause a lot of hardship which she should prepare for

Mr Rusty
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Post by Mr Rusty » Sun Dec 19, 2010 10:39 am

mochyn wrote:The quickest way to get leave to remain in the UK is for her to return to Canada to get a spousal visa as you are not allowed to change visa status within the UK.The spousal visa gives her the right to work immediately.
If she applies for Discretionary leave to remain it may takes years to be granted and she will not be allowed to work.
Her failure to follow the correct procedure within the Home Office system is going to cause a lot of hardship which she should prepare for
I would largely agree with that, although the phrase "their cash situation is dire" does not suggest they will easily pass the support and accommodation requirement for a spouse visa. If she did go this route she would be advised to get a letter of intent from her former employers, if they're willing, that she might be employed before and after the birth.

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