Tier 3 extension

[ThePrags21]

Hi, I belong to India and currently in the UK.

I am on a dependent visa of my husband who has Tier 3 visa sponsored by his company. Both Our visa will expire in May 2012.

My question is that if we plan to have a baby and my delivery date falls post may 2012 and I am not advised to travel, can we both get our visa's extended in the UK itself. PLease reply anyone...!!!

[vinny]

What's Tier 3?

[ThePrags21]

Apologies for the typing error. We have tier 2 visa.

[PaperPusher]

An extension on what basis?

[Lucapooka]

If you can't extend your Tier 2 then this, perhaps, becomes a very complex issue. When your visa expires you will, in any case, become ineligible for non-emergency NHS services. I'm wondering if you could switch into leave to remain as a visitor for private medical treatment under paragraph 54. It does not seem to mention any conditions about pre-existing leave in that same category.

Obviously if you have the baby within the period of your existing Tier 2 leave you are fine and may then leave within the 28 day grace period after that leave expires.

Wait for comment from others who perhaps more informed on this matter.

[ThePrags21]

@ PaperPusher : Please see the first post of this thread and read tier3 as tier 2 visa

[ThePrags21]

@ Lucapooka : Thanks for the advice. Im waiting for some more comments.

[PaperPusher]

Do you mean an extension of Tier 2 to Tier 2? What type of tier 2 does the main applicant have and what date was it valid from?

[Lucapooka]

They seem to be indicating that they are not able (or not intending) to extend their Tier 2 leave and would leave in May were in not for the fact that this may conflict with the birth of their child. They are looking for solutions to their potential inability to leave on time when their leave expires. If I've missed something out then please enlighten me.

[ThePrags21]

Yes its right!

[PaperPusher]

It may be possible to extend your stay as a visitor for private medical treatment. Or alternatively you could leave the UK before the baby is due.

http://www.ukba.homeoffice.gov.uk/polic ... les/part2/

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The problem is this category does not allow dependents, and people cannot switch from Tier 2 to general visitor. Your husband may have to leave you on your own in the UK.

Alternatively the main applicant and dependent could switch to Tier 4 (student) if here on Tier 2 General, but not if here on Tier 2 ICT.

http://www.ukba.homeoffice.gov.uk/study ... inside-uk/#

[Lucapooka]

Given that you can´t extend your Tier 2 you could always make arrangements to simply quit your jobs early leave the UK before the 32 week gestation threshold for airline travel.

Otherwise my other suggestion would be that both you and your partner apply for leave to remain as visitors (private medical and general visitor) in May before you leave expires. These will take several weeks to be processed and may be refused (perhaps not you but certainly your partner) but at least you will have valid leave beyond the expiry of your current leave while the applications are with the UKBA and waiting for a decision. That should be sufficient time to have the baby and leave without having overstayed

[ThePrags21]

Thanks for this information. I will keep in mind in planning my family