Tier 2 Dependent refusal - Pregnancy appeal possible?

[pagu]

Sir / Mam,

I am an Indian national with Tier 2 visa valid for next 2 years. My wife has recently applied for Tier-2 dependent visa, being in UK but got rejected yesterday. She was a Tier-1 Post study main visa holder which was expiring by 02nd, September, 2012. It got rejected on the grounds that she cannot apply from inside UK. The rejection notice came with an appeal form.

She is pregnant and her due date is Tuesday, October 16th i.e. day after tomorrow. I feel bad to let her to manage herself and the child without my support here in Uk and so we would like to appeal against the decision on the grounds that she is pregnant and an immediate trip to India for the new infant baby and a post natal mother will be a risky one.

Is this valid? Have anyone had previous situations in their life or heard of previous situations like this before? We had to make our appeal as soon as possible, so please any suggestions/guidance would be very helpful.

There are two outcomes we would like to get, the first is the best one, the second is a reasonable one though it has other problems.

1) Processing the visa by being inside UK.

2) Time of min. of 6 months or 12 months, if possible for her to stay here and then go to India to apply.

This second option would still affect our life,
a) Difficult for me to accompany the baby and my wife to India, as taking two weeks as holiday from my work will not be sufficient as the visa processing time may be longer.
b) Difficult for my wife if she has to travel alone with the child to cope emotionally and physically without the support of me in India.

Regards,
Pagu

[Greenie]

Appeal-this will protect her position and mean she is still in the UK legally. The appeal cannot succeed under the rules, but has a chance of being allowed on article 8 grounds. Prior to the change in the rules on 9th July this would have resulted in a grant of discretionary leave, however the discretionary leave policy has now been withdrawn and it is unclear what leave will be granted in such cases.

Did you provide evidence of the pregnancy with the application?