If your wife has used the NHS while on a visitor visa, this adds a significant complication to any future visa application. The reason I asked is due to the tightening of the Immigration Rules (Part 9), which now includes the following as a reason for refusal:
(22) where one or more relevant NHS body has notified the Secretary of State that the person seeking entry or leave to enter has failed to pay a charge or charges with a total value of at least £1000 in accordance with the relevant NHS regulations on charges to overseas visitors.
Your wife will be asked in any visa application whether she has used NHS services. As all Government departments share information, this will be easily cross-checked. Before you think of submitting any application (either for discretionary leave from within the UK) or for a spouse visa from your wife's home country, you should contact your GP and the hospital where your baby was born, confirm what fees are outstanding and then ensure they are cleared. Bear in mind that fees alone for a hospital birth are generally around £2,000.
A spouse visa application submitted outside of the UK can't be refused for an overstay alone (unlike most other visa categories), but it can be refused due to use of NHS facilities where payment remains outstanding.
What happened to the spouse settlement visa you were intending to submit in October 2013?
http://www.immigrationboards.com/immigr ... ml#p938951
Regarding an application made under Human Rights, this extract may be of interest regarding the 'Razgar Test' -
"It is worth remembering that a British partner or child is not enough to be granted leave to remain in the UK. The Home Office do have to show that they have considered the 'best interests' of the British child, but having a British child is not enough in itself to obtain leave to remain.
Sometimes, the Home Office will say the breach is proportionate (or even that there will not be a breach) because the British citizen or resident can go and live with the person being removed in their country, or they can keep in touch by Skype and email etc. Supporting evidence could be gathered to show why that would not work – why the person with status to be in the UK has to be here, or why the relationship wouldn't work over the internet or through occasional visits."
