on a visitors visa and my girlfriend is pregnant

[seven ocelots]

i am starting this post to hopfully get some advice, in advance i want to thank anyone who will offer me advice and share your stories with me.. the situation is that i am a U.S. citizen in england on a visitors visa for 6 months and my girlfriend that i am staying with is pregnant. i have looked at many forms and even called for advice to a few agencies. the most solid advice i have gotten after calling and asking for advice is that i can't apply for the flr (fp) form because our child isn't born yet and that i have to apply for the flr (o) form.. he said that the reasons for applying to this form is for "very important our compassionate" reasons that aren't addressed by other application forms. my girlfriend and i both think that not being allowed to stay for an extension to see our child born is a violation of our human rights, also it is absolutely at odds with our spiritual beliefs. i really need any advice that could be offered, my girlfriend and i don't have much money between us and we can't afford to shell out 600 pounds to be rejected and to have to pay for me to 400+ pounds more to go back to america. basically what i am asking is if you think i will have acceptance or not, i have absolutely no criminal record and no charges against me at all of any kind in the U.S. and i have no where to go back to if i do have to leave to return, i have no ties what so ever to america. please give me advice and tell me what you think of our situation.

[Casa]

A request for an extension of a visitor visa should be applied for on form FLR(O). Under section 8G of the application form you will have to submit the following:

'Evidence that you can maintain and accommodate yourself without recourse to public funds and without taking
employment. The evidence must be formal documents such as bank/building society statements or savings
books, or pay slips from your employment outside the UK (see Note 5). If a relative or friend is sponsoring
you, the evidence should be a letter from him/her confirming this, with formal documents showing their financial
resources.'

However you should be aware that extensions are generally only given in the following circumstances, unless for extreme compassionate circumstances. Attending the birth of your child isn't likely to be considered one of them....despite your 'spiritual beliefs.'

You may be able to extend your visa as long as the total time you spend in the UK is less than 6 months - eg if you apply for a 3 month visa, you can apply to extend it for 3 more months.

Even more concerning (which a case worker will spot) is that you appear to have no reason to return to the US, The UKBA will almost certainly take the view that you will become an overstayer if they grant an extension, You say that neither you or your girlfriend have much money, which also suggests that she will be unable to support you financially. If you have no funds to return to the US how did you manage to enter the UK without a return ticket and how did you show in order to be granted a 6 month visa that you have strong ties with your home country?

[seven ocelots]

A request for an extension of a visitor visa should be applied for on form FLR(O). Under section 8G of the application form you will have to submit the following:

'Evidence that you can maintain and accommodate yourself without recourse to public funds and without taking
employment. The evidence must be formal documents such as bank/building society statements or savings
books, or pay slips from your employment outside the UK (see Note 5). If a relative or friend is sponsoring
you, the evidence should be a letter from him/her confirming this, with formal documents showing their financial
resources.'

However you should be aware that extensions are generally only given in the following circumstances, unless for extreme compassionate circumstances. Attending the birth of your child isn't likely to be considered one of them....despite your 'spiritual beliefs.'

You may be able to extend your visa as long as the total time you spend in the UK is less than 6 months - eg if you apply for a 3 month visa, you can apply to extend it for 3 more months.

Even more concerning (which a case worker will spot) is that you appear to have no reason to return to the US, The UKBA will almost certainly take the view that you will become an overstayer if they grant an extension, You say that neither you or your girlfriend have much money, which also suggests that she will be unable to support you financially. If you have no funds to return to the US how did you manage to enter the UK without a return ticket and how did you show in order to be granted a 6 month visa that you have strong ties with your home country?

ok there has been some misunderstanding here, what i mean by i have no strong ties to america is that i have no home there and no relationship with my family members, and currently no employment there because i came here to be with my girlfriend for 6 months. we do have the money to support me while im here we would just strongly prefer to not waste over 1000+ pounds if that makes sense, we both run an internet business together.. i won't be an overstayer and could you please explain to me what a compassionate reason would be if not the birth of our child? the reason i mentioned no strong ties to america is because that is someting mentioned on the forms, why would it not be wise to return back to your country is something along the lines it asks. if the flr o form is not the right form is there another possible route i could take, i can't stress enough how important to us both it is that i find a legal way to remain in england to see our child born together. would it be possible for me to leave before 6 months and come back before our child is born so that i could apply for the 5 year family life as a parent route? please if possible give me more advice than asking me more questions, i really need help here.

[Casa]

If I don't ask you more questions I won't be able to help you if I don't know the full situation.

1. Compassionate reason? A critical illness.
2. Reason to not return to your home country? Threat of violence, death or persecution
3. A visa application outside of the UK to enable access to your child once he or she is born would only stand a chance of success
if you were no longer in a relationship with your girlfriend. Read through this link and you'll see how you do or don't qualify. Bear in mind your child hasn't been born yet so you're unable to submit this from the US as the situation is at present.
https://www.gov.uk/government/uploads/s ... vaf4a5.pdf

4. I assume you haven't been living together in a relationship 'akin to marriage' for a minimum of 2 years and you aren't married.
There is no 'boyfriend/girlfriend visa whether you are expecting a child together or not.
5. You don't appear to meet the mandatory financial condition of your sponsor (your wife if you were married) earning a minimum of £18,600 per year or alternatively have £62.500 in savings if she is not employed.

At present you aren't ticking any of the boxes for any category of visa. The UKBA will only go by the Rules. When is the baby due and how long do you have left on your current visa?

Applying from within the UK under the FP family route (10 years, not 5) wouldn't have any success. See the follow conditions;
In applying for leave to remain from the UK, the applicant must not be in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less) or in the UK as a visitor, with leave granted for a period of 6 months or less or on temporary admission.

I've edited this post to ask a crucial question. You say you and your girlfriend are running an internet business together. If the case worker in any visa application is aware of this you can be denied a further visa due to working illegally under the terms of your visitor visa. Did you mention the existence of your girlfriend when you gave a reason for coming to the UK in your visa application?

[MPH80]

Genuine curiosity ... which religion is it that specifies the father should be present for the birth?

(I'm not spiritual myself - but always interested to learn these things!)

[Wanderer]

Agree with the consensus here:

1. Witnessing a birth of ones child is not a Human Right.

2. Can't see any way you can stay here beyond the 6 months

3. Working even online is working and expressly forbidden on a visit visa.

Wracking my brains to thing of a feasible way around it and there isn't one, other the the normal routes.

[Trickytok]

Just get a return ticket... go to US and come back again....

[Trickytok]

I can understand the situation though! Its completely subjective and most people would like to be with the spouse whilst she is pregnant.. its a crucial and emotional time which doesnt come every other year! Good Luck and best wishes!

[Casa]

I'm not sure that the OP is even still with us. If he is, returning on a visitor visa soon after a 6 month stay may be tricky, especially if he is unable to show strong reasons to return to the US without overstaying. Even more so with a pregnant girlfriend in the UK.