pregnant girlfriends visa due to run out

[jamess31]

Hi again
. it has this on the administrative review page, on the 4th point it says we can only have a review if we dont have a right of appeal against the refusal.
does this mean i cant get an administrative review ? as at the bottom of the refusal it shows that we can appeal if we want.
Or wil it be fine to do the administrative appeal ?



You can only ask for an administrative review if all of the following apply:

you’re outside the UK
you applied outside the UK
your application was refused on or after 6 April 2015
you don’t have a right of appeal against the refusal
you didn’t make an application as a visitor or a short term student

[CR001]

You can apply for admin review.

[Casa]

You can apply for admin review.

Char I'm not sure...due to the sentence that 'all of the following apply', which includes not having the right to appeal.

My other suggestion would be to write to the Entry Clearance Manager and ask for a re-consideration due to an administrative error. Also make clear the urgency.

In the meantime you should also appeal in order not to lose your appeal rights.

[jamess31]

i actually just spoke to someone from home office, i cant do the admin review as that option was not given to me. They said to appeal it, explain the situation , it wont be bought to court as its a mistake on their part and i should have an answer back within 10 days. I will go to speak to an immigration lawyer before hand just to double check everything . its just a shame its a friday, i now have to wait until monday to see the lawyer

[Casa]

Please keep us updated with your progress.

[jamess31]

Hi guys back again, i lost all my login details but just found them again.
just updating you on everything.

After speaking to the solicitor she advised me not to appeal as it would take too long so i re applied. and i still haven't got an answer. Its now to late for my fiance to fly as she is now 8 months pregnant , so i am going to Mexico on sunday for 2 or 3 months. It's definitely not the situation we wanted to be in but were trying not to let it get us down.
It does make things a little more complicated though. I will now have to apply for my baby's british passport while i'm still in Mexico which can take up-to 6 weeks and also i wont be earning any money for all the time that i'm away .

just wondering when i apply for the next visa (flr) and they see that i have missed 3 months of work, how will they think about this? will it ruin my chances of being granted the visa. I was hoping that i could supply proof that i had to go away, such as plane tickets, antenatal records, baby's birth certificate etc. would this be sufficent ?

Lets just hope my current visa gets accepted this time, everything that could go wrong has gone wrong, so maybe i'm due for some good luck.

cheers

james

[Wanderer]

Yes it will, you wil the full six months of payslips.

[jamess31]

Well I'm still in mexico and we still haven't received and answer to the visa. And we now have a baby boy.

I wanted to ask a few things about getting my son into the country.
What is the best way.
I could apply for a british passport from here but it will take 6 weeks which will cut.into my fiancee visa time when we receive. The visa.
Could we apply for a visitor.visa for.the baby and apply for the british passport once.in the uk?
Any other options ?

[vinny]

Could we apply for a visitor.visa for.the baby and apply for the british passport once.in the uk?

No, they are instructed not to grant leave to British citizens.

CoE-RoA is a more expensive alternative to a British passport.

[jamess31]

Ok. But applying for the passport overseas will be fine ?
I want the most uncomplicated route and this seems to be it. I will lose time on my visa but just means I'll have to do things quicker once we're all in the uk.
Would my son count as a british national as I'm british ?

[vinny]

Your child is automatically British, if you are British otherwise than by descent. A British child may apply for a British passport.

[jamess31]

Thanks vinny.

Also when we applied for the visa the application was for my fiancee only as we were certain she would be back before the baby was born. Now that we have the baby will this void visa ?

I'm just worried when she goes through border control and they see that she is supposed to be alone they will refuse her entry
Or will the baby having the british passport be enough to get him through?
Is the plus one child part for foreign children only?