Spouse Visa Extension - Under Qualifying period

[saikham]

Hi,

My wife was granted limited leave to remain under spouse of British citizen. Her visa expired on 3rd May 2013. It was her 2 years qualifying period.

Our problem is,
we both haven't been present in the UK since she had her visa granted.
she is due to give birth during march and we are not able to go back to UK to give birth. And also we are not in a position to settle back in the UK for a while.

What is the best option for her, please advice.
Shall we let this visa expire or start again when we are ready to go back to UK (i believe it's will become 5 yrs rule).

OR

After give birth, go back to UK and apply for another Limited Leave to Remain as spouse for another 2 years.

Thank you.
Sai

[Lucapooka]

If you choose the first option, which on the face of things is the most appropriate, you should first look at the financial constraints of a new visa application and see if you can match those. The rules are now much more onerous.

[geriatrix]

And, choosing the first option will mean a 5 years probationary period for settlement.