Pregnant Australian wife going on Visitor visa

[harshcg]

Hi there. First post on this amazingly resourceful forum.

I have quite a unique situation. I am an Australian Resident(Not holding Australian passport) and my wife is an Australian Citizen(holds an Aussie Passport). I have been sponsored a job from a UK company and will be going soon under Tier2 General category. My company is also ready to sponsor my wife as a Dependant.

We are visiting/living in India at the moment. And we just found out that as she is here as a Visitor, she is not eligible to apply as a Dependant from India. So as she holds and Australian Passport she don't require a visa to enter UK. Our main concerns are...

1. Will she be guaranteed entry into the UK as a visitor, specially as she is Pregnant(7 months)? We will tell our situation to border officer that she was not allowed to apply as Dependant in India, that's why she is entering UK as visitor, specially cause she is Pregnant and want to be with me.

2. Does she need a Return ticket at the end of 6 months, Is having return ticket COMPULSORY to enter as a visitor?

3. During her stay as a visitor in UK, can she apply as a Dependant from within UK?

4. Is she entitled for NHS for delivering our baby, as a aussie visitor, in one of NHS hospitals?

We are really stressed at the moment, as my visa process will start soon, and as she cannot even apply as a dependant from here, and I don't want her to go through the hassle and separation of going to Australia just so she can apply as dependant.
Any help is much appreciated!

[MPH80]

1. Will she be guaranteed entry into the UK as a visitor, specially as she is Pregnant(7 months)? We will tell our situation to border officer that she was not allowed to apply as Deoendant in India, that's why she is entering UK as visitor, specially cause she is Pregnant and want to be with me.

No one is guaranteed entry to the UK. A visitor will be assessed on the likelyhood of them leaving at the end of the period they intend to stay.

Think about it this way - you present yourself at the border on a resident visa, with a pregnant wife, who in one month won't be allowed to fly anywhere, admit she really wants a dependant visa to live with you and who has (apparently) already cut ties with Australia.

If you were the person on the border - would you believe she'll leave?

2. Does she need a Return ticket at the end of 6 months, COMPULSORY?

It's not compulsory - no - but then - see above.

3. During her stay as a visitor in UK, can she apply as a Dependant from within UK?

No.

4. Is she entitles for NHS for delivering our baby, as a aussie visitor?

She can use the NHS - but the bill will be presented to you. If the debt is unpaid when she applies for the dependant visa - then it may be refused.

If I'm honest - I think the best way forward is, put this company off, and for BOTH of you to go to Australia, have the baby (as it's highly unlikely she'd get the visa and you return before the no-fly point) , and return once the baby is born and healthy.

M.

[harshcg]

No one is guaranteed entry to the UK. A visitor will be assessed on the likelyhood of them leaving at the end of the period they intend to stay.

Think about it this way - you present yourself at the border on a resident visa, with a pregnant wife, who in one month won't be allowed to fly anywhere, admit she really wants a dependant visa to live with you and who has (apparently) already cut ties with Australia.

If you were the person on the border - would you believe she'll leave?

Is the border decision based on what they 'feel' or the proof?
I checked with UK embassy in Canberra(and other sources) ,they said there are no rules against a Pregnant woman travelling to the UK, and stopping here to enter UK travelling on Australian passport.

Thing is, she belong to a 1st world country, and that too Australia which has reciprocal ties with UK. She is not coming to UK just to deliver. I just got a job offer, unfortunately at the time when she is pregnant. And offcourse she has to be with me during this situation.
Plus she will have a return ticket before her 6 months expire, so obviously intentions are clear.
This is what we will explain at the entry.

Now technically there are no rules when we give these reasons, to stop the officer and give rejection, as I believe he has to explain why he rejected. If she did not have these papers or the return ticket.
Not decline entry based on 'he feels she is there just to deliver baby', even if that's the case.

Please tell me if I make any sense?

3. During her stay as a visitor in UK, can she apply as a Dependant from within UK?

No.

I have a friend who lives in UK and his cousin is from Trinidad & Tobago, and she came to the UK for a visit. And she found a course to study and is going through her student visa within UK itself.
I believe australia also comins under Non-Visa country so logically she might also be able to convert from her visitor to Dependant from within UK?
I am not really sure about this and have been trying to ask the British high commission and other sources, and have not been able to get a solid answer on this.
Could you please point me to any link online or UKBA website which talks about this? That would be really helpful.

She can use the NHS - but the bill will be presented to you. If the debt is unpaid when she applies for the dependant visa - then it may be refused.

I did research on this last night and found some really useful links. Most of these links state that there is a reciprocal medical agreement between few countries(Australia included) and UK, which entitle visitors to use NHS services without having to pay. And it states that during a situation like Pregnancy, woman has to be treated with best care, a behaivious that I really appreciate about UK. Please have a look through these links and help me understand...

https://www.gov.uk/government/uploads/s ... AL.pdf.pdf
(page 25 Regulation 10)

http://www.legislation.gov.uk/uksi/2011/1556/made
(point 23)

http://www.nhs.uk/chq/Pages/1086.aspx

If I'm honest - I think the best way forward is, put this company off, and for BOTH of you to go to Australia, have the baby (as it's highly unlikely she'd get the visa and you return before the no-fly point) , and return once the baby is born and healthy.

I appreciate where you are coming from and it does make sense. But in my situation, I am going for a highly qualified job and a Lead role. If I let this go, I feel I'm going to miss a chance that can be financially and career wise beneficial for me and my new family. Afterall I need to get there to support them well. Its a tough and emotional decision.

Thanks a lot for your words and please keep your suggestions flowing!

Peace.

[MPH80]

Is the border decision based on what they 'feel' or the proof?
I checked with UK embassy in Canberra(and other sources) ,they said there are no rules against a Pregnant woman travelling to the UK, and stopping here to enter UK travelling on Australian passport.
<snip>
Now technically there are no rules when we give these reasons, to stop the officer and give rejection, as I believe he has to explain why he rejected. If she did not have these papers or the return ticket.
Not decline entry based on 'he feels she is there just to deliver baby', even if that's the case.

Please tell me if I make any sense?

I understand where you're coming from - but the key criteria for a visitor is the intention to leave. You don't appear to have any reason for her to leave other than 'she needs a visa'.

It's based on a combination of evidence and the balance of the doubt.

I have a friend who lives in UK and his cousin is from Trinidad & Tobago, and she came to the UK for a visit. And she found a course to study and is going through her student visa within UK itself.

I don't know that situation - but cannot comment

I believe australia also comins under Non-Visa country so logically she might also be able to convert from her visitor to Dependant from within UK?
I am not really sure about this and have been trying to ask the British high commission and other sources, and have not been able to get a solid answer on this.
Could you please point me to any link online or UKBA website which talks about this? That would be really helpful.

319c h http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

I did research on this last night and found some really useful links. Most of these links state that there is a reciprocal medical agreement between few countries(Australia included) and UK, which entitle visitors to use NHS services without having to pay. And it states that during a situation like Pregnancy, woman has to be treated with best care, a behaivious that I really appreciate about UK.

Absolutely - the NHS will always treat first, ask about ability to pay later ... doesn't mean a bill won't appear.

Please have a look through these links and help me understand...

https://www.gov.uk/government/uploads/s ... AL.pdf.pdf
(page 25 Regulation 10)

Ok - that makes reference to 'relevant services' - which is then defined in 3.18/3.19 - which excludes pre-existing conditions - and I can't think of a better definition of 'pre existing condition' than pregnancy.

You'll note Australia doesn't have a full reciprocal agreement.

http://www.legislation.gov.uk/uksi/2011/1556/made
(point 23)

Which one of the sub categories does she qualify in?

http://www.nhs.uk/chq/Pages/1086.aspx

Fine - but see above.

I appreciate where you are coming from and it does make sense. But in my situation, I am going for a highly qualified job and a Lead role. If I let this go, I feel I'm going to miss a chance that can be financially and career wise beneficial for me and my new family. Afterall I need to get there to support them well. Its a tough and emotional decision.

Thanks a lot for your words and please keep your suggestions flowing!

Peace.

You have to make the choice. Personally - I wouldn't risk missing the birth of my child for a job.

Your options are either:

a) What I already outlined
b) Turning up at the border, hoping your wife gets let in, and having her deliver here - and then possibly face a bill or
c) Turning up at the border, finding out your wife is going to be put back on a plane to India - without you unless you pay for a ticket - and have to face a choice of leaving her there or returning with her and giving up the job.

I'm not saying give up the job now - I'm suggesting you ask them to wait. If they were willing to sponsor you - waiting 2-3 months won't be a killer for them.

M.

[Jambo]

Just to add - you should be aware that being born in the UK would not entitle the child British citizenship.

[harshcg]

Just to add - you should be aware that being born in the UK would not entitle the child British citizenship.

Absolutely fine that is not our motive. We are happy to have our child australian citizenship, as we both are.

[ban.s]

If airlines allow her to travel and she arrives at the UK border, I personally think, she'll be allowed entry. However you can expect additional questions and may need to provide evidence of medical insurance or financial means to pay for the childbirth at NHS or private hospitals. Return ticket is not mandatory as it doesn't necessarily guarantee return. You need to prove that sufficient fund, to purchase return tickets, is available at your disposal.

[Casa]

It would be advisable for your wife to have a return ticket. A single ticket will simply flag up another reason to suspect she has no intention of returning to Australia.