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Can my pregnant US wife having her child in the UK?

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abrock
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Wed Mar 22, 2017 1:40 pm

We've just sent off the application for a British passport and will get an American passport applied for soon.

My wife is concerned about Audrey's status as an American citizen. As long as she had both passports, will she technically be both? or how does that work?

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Re: Can my pregnant US wife having her child in the UK?

Post by CR001 » Wed Mar 22, 2017 2:36 pm

USA/UK both allow dual nationality so yes, she will be both nationalities.
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Sat Mar 25, 2017 7:47 am

Thanks for the reply, I didn't get an email so I didn't realise you had replied :).

Reading this page...

https://travel.state.gov/content/travel ... ality.html

... it seems that because she is UK by descent and that she doesn't have to apply for that, she is still a US Citizen, I believe that is correct.

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Re: Can my pregnant US wife having her child in the UK?

Post by CR001 » Sat Mar 25, 2017 1:17 pm

Correct yes.
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Fri May 19, 2017 10:15 am

It has been a while since I replied to this thread, but I am pleased to let you know that Audrey has both an American and British passport now.

Image

We are very close to applying for the spouse visa for my wife Susan, but I want to be sure I have everything in terms of evidence, so here's what I have so far, and what I am working on obtaining.

I am currently living with my mother for the time being, but we'll be moving out when we can do so. It's a 3 bedroom house with just the two of us at the moment; four when Audrey and Susan arrived.

Also, on the GOV website, what type of visa am I applying for? I feel it's a Family Visa to join a spouse, but I want to be doubly sure. Links would be really appreciated!! I have also read that 67% are processed in 10 days, is that correct?!

Evidence I have
  • 2 recent passport photos of Susan, and Susan's passport.
  • Copy of my passport.
  • A certified copy of our marriage certificate.
  • 300 screenshots of proof of communication (Video calls in messenger mainly showing me, Susan and Audrey, some Skype and some screenshots of call logs).
  • 50 photos of us together.
  • 50 photos from our court wedding in Seattle.
  • 4 photo albums from the times I have visited her (about 50 photos per album), including the first visit, visit when our medical visa failed, visit for the birth of Audrey and visit at Christmas 2016.
  • 90% of the ticket stubs from the visits.
  • 7 paystubs for the last 7 months (yes I meet the £18,600 requirement throughout that time).
  • A letter from my employer starting my full time employment, start date and salary.
  • A years worth of bank statements before roughly mid April.
  • Contract of employment.
  • A P60 from my job.
  • Susan's TB test printout from her medical company.
Evidence I am working on getting
  • Accommodation Report
Sorry for such a long post, but if you can see anything I'm missing or any input you have, I'd appreciate the help!

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Re: Can my pregnant US wife having her child in the UK?

Post by KatieWills » Fri May 19, 2017 10:57 am

Your baby is too cute! :D

Forms that need to be completed are the VAF4A (online form) and Appendix 2 ( needs printing and completing by hand.)

https://www.gov.uk/government/publicati ... form-vaf4a

I would advise you not to delay as it seems T May and co are planning on raising the income threshold above £18,600 if (when) they win the election. :?
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Fri May 19, 2017 12:29 pm

KatieWills wrote:Your baby is too cute! :D

Forms that need to be completed are the VAF4A (online form) and Appendix 2 ( needs printing and completing by hand.)

https://www.gov.uk/government/publicati ... form-vaf4a

I would advise you not to delay as it seems T May and co are planning on raising the income threshold above £18,600 if (when) they win the election. :?
Thank you! I should be okay if it's increased a bit, currently been on £25,000 since January, so even if it got increased, I don't think it'd quite break the £20,000 I was on from September, and even if it did, by the end of June I'd have 6 months at £25,000.

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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Fri May 19, 2017 10:03 pm

Casa? CR001? anyone have anything else to add?

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Sat May 20, 2017 2:40 pm

You only need to meet the £18,600 p.a level.
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Sun May 21, 2017 9:51 am

Sorry Casa, I meant in regards to my post about evidence :).

general-uk-immigration-forum/can-my-pre ... l#p1486928
abrock wrote:It has been a while since I replied to this thread, but I am pleased to let you know that Audrey has both an American and British passport now.

Image

We are very close to applying for the spouse visa for my wife Susan, but I want to be sure I have everything in terms of evidence, so here's what I have so far, and what I am working on obtaining.

I am currently living with my mother for the time being, but we'll be moving out when we can do so. It's a 3 bedroom house with just the two of us at the moment; four when Audrey and Susan arrived.

Also, on the GOV website, what type of visa am I applying for? I feel it's a Family Visa to join a spouse, but I want to be doubly sure. Links would be really appreciated!! I have also read that 67% are processed in 10 days, is that correct?!

Evidence I have
  • 2 recent passport photos of Susan, and Susan's passport.
  • Copy of my passport.
  • A certified copy of our marriage certificate.
  • 300 screenshots of proof of communication (Video calls in messenger mainly showing me, Susan and Audrey, some Skype and some screenshots of call logs).
  • 50 photos of us together.
  • 50 photos from our court wedding in Seattle.
  • 4 photo albums from the times I have visited her (about 50 photos per album), including the first visit, visit when our medical visa failed, visit for the birth of Audrey and visit at Christmas 2016.
  • 90% of the ticket stubs from the visits.
  • 7 paystubs for the last 7 months (yes I meet the £18,600 requirement throughout that time).
  • A letter from my employer starting my full time employment, start date and salary.
  • A years worth of bank statements before roughly mid April.
  • Contract of employment.
  • A P60 from my job.
  • Susan's TB test printout from her medical company.
Evidence I am working on getting
  • Accommodation Report
Sorry for such a long post, but if you can see anything I'm missing or any input you have, I'd appreciate the help!

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Sun May 21, 2017 10:27 am

A TB certificate isn't required for applications in the USA.

An accommodation report isn't mandatory but you will need:
- a letter from your mother confirming that Susan and Audrey will be living in the property with you when they arrive.
- if the property is rented, a letter from the landlord agreeing to them living there
or
- if the property is mortgaged, a copy of the mortgage agreement
or
- if the property is owned outright by your mother, a copy of the property deeds.

Also a letter from your mother promising that she won't spoil Audrey too much. (Just kidding). :wink:

(Do they still throw the salmon in Pike Place Market)?
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Sun May 21, 2017 10:45 am

Casa wrote:A TB certificate isn't required for applications in the USA.

An accommodation report isn't mandatory but you will need:
- a letter from your mother confirming that Susan and Aubrey will be living in the property with you when they arrive.
I'll get a letter written up, printed and signed, nice one.
Casa wrote:- if the property is rented, a letter from the landlord agreeing to them living there
or
- if the property is mortgaged, a copy of the mortgage agreement
or
- if the property is owned outright by your mother, a copy of the property deeds.
The house is a council house rented by my mother, not sure if I can get such a notice from them, we'd just need to let them know more people were living here I think. What do you think?
Casa wrote:Also a letter from your mother promising that she won't spoil Aubrey too much. (Just kidding). :wink:

(Do they still throw the salmon in Pike Place Market)?
I'll get another letter drafted up :lol: :lol: :lol: .

We didn't go into the market when I was there last, so I cannot confirm if they threw the salmon still. Susan is actually in Houston living with her mother at the moment, so it'll be a while before I can confirm :).

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Sun May 21, 2017 11:35 am

Please apologise to Audrey for misspelling her name...I've corrected my post. :oops:
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Sun May 21, 2017 1:03 pm

Casa wrote:Please apologise to Audrey for misspelling her name...I've corrected my post. :oops:
I think she'll forgive you this time :).

What do you think about the council house situation?

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Sun May 21, 2017 1:12 pm

Ah! I missed the mention of the Council house. You will have to get written permission from the Council (as the landlord) that Susan and Audrey can also live in the property. Are the Council aware that you are currently living with your Mother?
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Sun May 21, 2017 1:17 pm

Casa wrote:Ah! I missed the mention of the Council house. You will have to get written permission from the Council (as the landlord) that Susan and Audrey can also live in the property. Are the Council aware that you are currently living with your Mother?
Yes, council are aware I am here. Surprised that we need something from the council to allow Susan and Audrey to live here, but I'll work on that in the week. Thank you.

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Sun May 21, 2017 1:23 pm

abrock wrote:
Casa wrote:Ah! I missed the mention of the Council house. You will have to get written permission from the Council (as the landlord) that Susan and Audrey can also live in the property. Are the Council aware that you are currently living with your Mother?
Yes, council are aware I am here. Surprised that we need something from the council to allow Susan and Audrey to live here, but I'll work on that in the week. Thank you.
You will definitely need it as written permission from the landlord (in this case the Council) will be required.
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Wed May 24, 2017 2:05 pm

Where do the supporting documents for the US Family Settlement Visa's get sent? I'm only asking because when we applied for the spouse visa, it was New York.

Also, I have Susan's passport, but I think she is going to need it back for some of the process, right?

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Wed May 24, 2017 6:33 pm

This link was updated in February so it should still be valid. It appears that for Settlement applications the documents are sent to Sheffield.

https://www.gov.uk/government/publicati ... in-the-usa
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Thu May 25, 2017 1:25 pm

Casa wrote:This link was updated in February so it should still be valid. It appears that for Settlement applications the documents are sent to Sheffield.

https://www.gov.uk/government/publicati ... in-the-usa
Thank you!

I have Susan's passport in my evidence folder here in the UK, doesn't she need it for the biometric part of the application? I think she does.

We did one in Seattle back in July, but I assume you need to do a new one.

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Re: Can my pregnant US wife having her child in the UK?

Post by CR001 » Thu May 25, 2017 5:02 pm

She needs her passport in the US.
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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Fri May 26, 2017 1:42 pm

Hi Austin,

Apologises for the not reverting back to you sooner as I have been away from the office.

Firstly, are you intending to use our services for the actual application itself ? If yes, then we would not be able to prepare the accommodation report due to a ‘conflict of interest’ however I normally recommended my clients to A N OTHER SOLICITOR in this eventuality. If you are not intending to use our services for the application then I would be more than happy to prepare an accommodation report for you.

Lastly, given that you mother owns the property, you will also need a Statutory Declaration from mother confirmation that she gives permission for you and your spouse to reside at the home, etc.
My wife wants me to use a solicitor to check my documents and possibly get an application form. This is what I've been told about a Statutory Declaration.

Would the immigration services reject my mothers letter if it wasn't a Statutory Declaration? or is this just easy money for the solicitor?

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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Fri May 26, 2017 5:50 pm

abrock wrote:
Hi Austin,

Apologises for the not reverting back to you sooner as I have been away from the office.

Firstly, are you intending to use our services for the actual application itself ? If yes, then we would not be able to prepare the accommodation report due to a ‘conflict of interest’ however I normally recommended my clients to A N OTHER SOLICITOR in this eventuality. If you are not intending to use our services for the application then I would be more than happy to prepare an accommodation report for you.

Lastly, given that you mother owns the property, you will also need a Statutory Declaration from mother confirmation that she gives permission for you and your spouse to reside at the home, etc.
My wife wants me to use a solicitor to check my documents and possibly get an application form. This is what I've been told about a Statutory Declaration.

Would the immigration services reject my mothers letter if it wasn't a Statutory Declaration? or is this just easy money for the solicitor?
No need for a Statutory Declaration. I'll leave you to read the inference in my comment. :|
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Re: Can my pregnant US wife having her child in the UK?

Post by Casa » Fri May 26, 2017 5:53 pm

Casa wrote:A TB certificate isn't required for applications in the USA.

An accommodation report isn't mandatory but you will need:
- a letter from your mother confirming that Susan and Audrey will be living in the property with you when they arrive.
- if the property is rented, a letter from the landlord agreeing to them living there
or
- if the property is mortgaged, a copy of the mortgage agreement
or
- if the property is owned outright by your mother, a copy of the property deeds.

Also a letter from your mother promising that she won't spoil Audrey too much. (Just kidding). :wink:

(Do they still throw the salmon in Pike Place Market)?
Regarding the property report, refer back to my earlier post. If your mother is the only occupant + the three of you (in a three bedroom house) there's no need for a property report. This is required for accommodation which is multiple occupancy.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Can my pregnant US wife having her child in the UK?

Post by abrock » Fri Jun 02, 2017 12:49 pm

I just had this reply from my local council in regards to getting a letter. I don't know if they have the right end of the stick though, seems like the wrong instruction to me.
Hi Austin

Further to your email to Fiona regarding your wife’s right to reside with you at your mother’s home at <HOME ADDRESS> I would refer you to the following governments web site where you can check the right to rent which will confirm if your wife is entitled to live in a property owned by Stafford and Rural homes https://www.gov.uk/check-tenant-right-t ... w-to-check.

Should your checks confirm that your wife would have the ‘right to rent’ which SARH would need to receive the proofs once she has moved to the UK and as long as this move does not statutory overcrowd the property than Stafford and Rural Homes would have no objections for your wife Susan and her daugher Audrey moving into <HOME ADDRESS> with you and your mother.

If you require any further assistance please do not hesitate to contact me.

Kind regards

Vivien

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