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yule
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Joined: Wed Feb 21, 2007 4:44 pm
Location: Nottingham

Thank You Everybody

Post by yule » Thu Jul 05, 2007 4:02 pm

My wifes visa has been successful. I want to thank all the members of the forum for providing a great source of information.

There are still a few complications but hopefully they can be sorted.

My wife is due to have a baby within the next 3 weeks but here visa requires her to leave the country within 28 days.

I had already booked my ticket to be with her, but now that she has been granted her visa I'm not sure what to do.

what would be the best way of handling this situation.

- Should she travel whilst very late in her pregnancy?
- Can her 28 day limit be extended because of her pregnancy ?
- how early can a newborn travel on a plane/ will the newborn need a visa?

she will be traveling from Pakistan to the United Kingdom

I look forward to your replies
regards
Last edited by yule on Fri Jul 06, 2007 7:45 am, edited 1 time in total.

eliasuk4u
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Post by eliasuk4u » Thu Jul 05, 2007 4:18 pm

First of all Congrats on success of your wife spouse visa.


There are still a few complications but hopefully they can be sorted
If she already got the visa then what are the complications about?? can you be more precise?


My wife is due to have a baby within the next 3 weeks but here visa requires her to leave the country within 28 days.
Its best to leave the country with in 28 days but nothing can stop your wife from staying more than 28 days beacuse its her home country but she will have to apply FLR(M) again at the end of her 2 years in UK (which will cost her £395 by post or £595 for premium same day service)because whilst she applies for ILR she has to prove that she completes 2 years in UK.
Should she travel whilst very late in her pregnancy?
Not recommended. Not neccessarily


Can her 28 day limit be extended because of her pregnancy ?
Yes, at the end of her 2 year spouse visa in UK to complete 2 years required for ILR.
how early can a newborn travel on a plane/ will the newborn need a visa?
check with Stupid, but its all ways advisable not to travel with a new born baby. I travelled while my son was 7 months old.

yule
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Posts: 18
Joined: Wed Feb 21, 2007 4:44 pm
Location: Nottingham

Post by yule » Thu Jul 05, 2007 4:38 pm

thanks for your reply eliasuk4u

If she already got the visa then what are the complications about?? can you be more precise?

The visa is OK. The problem is if my wife is unable to travel to the UK before the 28 day limit given (because of her pregnancy).

The question is will this invalidate her visa?

The other question is, when my child is born in Pakistan will the baby require a visa also or will that be included with my wifes visa?

I hope that clears it up a little.

jazbaati99
Member
Posts: 224
Joined: Wed Apr 03, 2002 2:01 am
Location: uk

Post by jazbaati99 » Thu Jul 05, 2007 10:11 pm

Hello

As far as I understand from your post, your wife has been issued a spouse visa. It is advisable that she travels within 28 days after visa has been issued. This is because you wife needs to stay in UK for 2 years before she could apply for ILR (28 days before 2 years actually. Now if she stays 6 months in Pakistan, she will have to renew her visa once before she can apply for ILR.

Status of your baby, well it depends on your citizenship. Are you a british citizen by birth. Assuming you are British by birth your baby would be British by decent, however do keep in mind that the high commission will give you loads of hassle to issue baby's passport. They would like to physically see your British passport before they issue one for your baby. Moreover your baby would be British by decent which means your grandchildren would not be British unless born in UK. My friend had a baby in Pakistan and he reverted to applying for a child settlement visa on baby's Pakistani passport due to the hassle with High Commission.

Your other option of course is a child settlement visa. Do keep in mind that the processing time and documents required are almost the same as what was required for your wife. (Three months processing time). Add to that at least another month to get baby's B-Form and passport in Pakistan.

I would strongly suggest to have the baby in UK, which will save you a lot of grief. Moreover do check with Emirates and BA, both carry pregnant passenger upto 36 weeks of pregnancy with a doctor certificate.

Best of luck

avjones
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Location: London
United Kingdom

Post by avjones » Fri Jul 06, 2007 12:16 am

no use knowing about travel up to 36 weeks, his wife is 37 weeks pregnant!
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

jazbaati99
Member
Posts: 224
Joined: Wed Apr 03, 2002 2:01 am
Location: uk

Post by jazbaati99 » Fri Jul 06, 2007 7:15 am

Emirates may carry up to 40 weeks of pregnancy provided its been cleared by Emirates medical department prior to the flight. worth a shot may be???

John
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Location: Birmingham, England
United Kingdom

Post by John » Fri Jul 06, 2007 7:29 am

Status of your baby, well it depends on your citizenship. Are you a british citizen by birth. Assuming you are British by birth your baby would be British by decent
That is not quite right. The born-outside-the-UK baby will be British if the father is British otherwise than by descent. And yes that would apply if he was born in the UK. However it would also apply if he has been Naturalised as British.

Yule, are you British? And if yes, on what basis?
John

yule
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Post by yule » Fri Jul 06, 2007 7:43 am

Thanks for the replies guys,

My ticket is booked for tomorrow. The initial plan was to go and stay until the birth of my child in Pakistan but now I will try and arrange a ticket for my wife to come to the UK.

It seems there is some hassle when it comes to issuing a babies passport.
Yule, are you British? And if yes, on what basis?
Yes, I am British. I was born in the UK. Both My parents were born in Pakistan.

Will this make it easier for my newborn to be, to travel without a visa?

jazbaati99
Member
Posts: 224
Joined: Wed Apr 03, 2002 2:01 am
Location: uk

Post by jazbaati99 » Fri Jul 06, 2007 7:57 am

Your baby will be a British citizen by decent. She will need to either have a British passport or a child settlement visa in her Pakistani passport for her to travel back to UK. Please check with British high commission in Islamabad, what are the requirements to issue a British passport for the new born. As far as I am aware, they would physically like to see your British passport before they can issue a Passport for your baby. Moreover you baby will be a British citizen by decent, which means that your grand children will not be British unless born in UK. Time scales for child settlement visa are three months from the date of application. Add another month on top to complete Pakistani formalities (Birth certificate, B-Form and passport)

jamalkhan
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Post by jamalkhan » Fri Jul 06, 2007 8:16 am

congratulations

How long did it take for you to get a response from them?
Which City did you apply from

Thanks

JAJ
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Australia

Post by JAJ » Fri Jul 06, 2007 11:09 am

jazbaati99 wrote:Your baby will be a British citizen by decent. She will need to either have a British passport or a child settlement visa in her Pakistani passport for her to travel back to UK.
If baby is a British citizen then she can't get a child settlement visa. She needs either a British passport or a Right of Abode stamp in a Pakistan passport.

It is also strongly recommended to get a British-style birth certificate from the British High Commission in Islamabad.

eliasuk4u
Member of Standing
Posts: 346
Joined: Thu Jan 05, 2006 8:27 pm

Post by eliasuk4u » Fri Jul 06, 2007 11:58 am

The question is will this invalidate her visa?
No. She can enter UK any time with in the validation of her visa but bear in mind that she will have to apply again for Fruther leave to remain on the basics of marriage to british citizen at the end of her 2 year spouse visa to complete required 2 year presence in UK which will lead to Indefinite leave to remain in UK.

yule
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Posts: 18
Joined: Wed Feb 21, 2007 4:44 pm
Location: Nottingham

Post by yule » Tue Jul 10, 2007 2:17 pm

Thank you for all the advice guys.

The good news is my wife is now in the UK. She was able to fly.

She arrived in the UK yesterday. Hopefully my baby will be born in the UK.

I'm in the process of getting Her registered to a doctor and then get a hospital appointment to check everything is OK.


Thanks again for all the advise
I'm very grateful.
congratulations

How long did it take for you to get a response from them?
Which City did you apply from

My Application was submitted on 18th June 07
It was granted 4th July 07

It was submitted in Mirpur I think.

I was very surprised how quick it was processed.

I have a strong feeling it was all to do with the cover letter I wrote in my application. (advised by people on this forum).

eliasuk4u
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Posts: 346
Joined: Thu Jan 05, 2006 8:27 pm

Post by eliasuk4u » Tue Jul 10, 2007 3:35 pm

Congrats and welcome to UK

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