South African partner, pregnant, Help?

[Casa]

It wouldn't be any quicker.
As I suggested earlier, she could apply for a fiance (or spouse)visa 3 months before her 21st birthday and ask for it to be postdated, allowing her to enter immediately she becomes 21.

[Greenie]

I couldnt agree more, but if it would help get us together faster it'd be worth it!

as it stands we are still really lost I mean, without the whole, fiancee thing, we are basically at a stand still, its sheer madness, there has to be something I can do.

something to help move things along. so that she can get here the very day she turns 21 @ the latest.

you can try to make the fiance application and at the same time get your MP involved, and ask that he help push for a quick and positive decision so that she can get back here for the birth of your baby. If you have a low income you could qualify for legal aid - did CAB assess you for this? If you do then getting a decent rep could help you.

[Faithwolf]

I havent been assessed for any means based income. never asked for a dime from this country.

see, even if it WAS post dated, the baby would be born by then, so it wouldnt help us out atall.

I have to get her back here before the birth, I just have to :<

I know its asking alot, but is there anything, any avenue I can go down to try and get this done?

I have never disobeyd a rule in my life, Ive played this 100% straight as required. and we have been shafted, I feel as if we wouldve been better off, by NOT telling the truth. just hiding her away for another 6 weeks, and then she couldnt leave.

at the very least, IF she files the paperwork from SA. would she be allowed back on a visitors visa? in the interim period?

and out of interest, forget the fiancee visa for one second, IF she just applied for a visitors visa, would it be granted? we did nothing wrong, and there is no reason they wouldnt let her in..

[mochyn]

If she applied for a visitors visa she would be refused and you will have wasted your money.I'm sorry to say you will have to wait until she is 21, there is no way around it.
Many people here were in a similar situation by being separated from their loved one so you can get sympathy

[Greenie]

I havent been assessed for any means based income. never asked for a dime from this country.

see, even if it WAS post dated, the baby would be born by then, so it wouldnt help us out atall.

I have to get her back here before the birth, I just have to :<

I know its asking alot, but is there anything, any avenue I can go down to try and get this done?

I have never disobeyd a rule in my life, Ive played this 100% straight as required. and we have been shafted, I feel as if we wouldve been better off, by NOT telling the truth. just hiding her away for another 6 weeks, and then she couldnt leave.

at the very least, IF she files the paperwork from SA. would she be allowed back on a visitors visa? in the interim period?

and out of interest, forget the fiancee visa for one second, IF she just applied for a visitors visa, would it be granted? we did nothing wrong, and there is no reason they wouldnt let her in..

what i am advising you to do is to apply for the fiance visa now - don't ask for it to be post dated and ask them to grant it even though she is not yet 21 - at the same time get your MP on the case.

Given her poor immigration history and your circumstances she is very unlikely to be granted a visit visa as they will not be satisfied of her intention to return. She doesnt intend on visiting - she wants to settle - so be upfront and apply for the fiance visa and push for a quick positive decision so she can try to get back before the birth - it's probably going to be difficult because even if granted she won't be able to fly but I don't think applying for a visit visa is going to get you anywhere.

[Faithwolf]

but surely if the law says 21, and there is all these stories of people being screwed over by it, its not worth 'wasting' the 870 quid on a rejection based on her age?

believe me, I want to fight this, and Ill do what I need to, but I dont want to waste my money, I dont have alot of it!

[Greenie]

but surely if the law says 21, and there is all these stories of people being screwed over by it, its not worth 'wasting' the 870 quid on a rejection based on her age?

believe me, I want to fight this, and Ill do what I need to, but I dont want to waste my money, I dont have alot of it!

yes that is what the law says, but the case law says different and they would also need to consider whether refusing it breaches your fiances right to a family life. Given the background - the findings of the judge and the fact that she took voluntary departure on the understanding she should apply to come back I think you have an argument. I am not saying it will be granted but you want to know how to get her back for the birth of the baby and I am saying that the fiance/spouse visa route has more chance of success than the visit visa.

[angie4489]

Faithwolf. You had lots of good advice from Casa and Greenie there. As a South African myself, I would just advise you to wait till your lady turns 21 which is only in 5 months' time, go to SA for 2 weeks, get married there and apply for her spousal visa. If you do that you'd probably have both your new wife and daughter here by Christmas. Had a friend who did that in February and she was back by April. The turnaround time in Pretoria is actually much quicker than here. I know this might mean not seeing your daughter for a while after she's been born but you'll be saving money and headache of the fiance visa thing. Hope this helps!!