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Emergency situation - Need a VISA for pregnant partner.

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BritishAsh
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Emergency situation - Need a VISA for pregnant partner.

Post by BritishAsh » Sat Mar 05, 2016 5:48 am

Good day people. Thank you for clicking this post. I hope you can help us with this situation.

I am a British Citizen from birth and my partner is Nicaraguan. We live in Nicaragua. She is 7 months pregnant with our baby and we cannot and will not have our child in this country.

We need a visa, and quick. We are not married.

Note: We do want to live in the UK permanently, but I am here to ask for advice to gain a short term visa to simply have the child and be close to family. I already understand the SS route is our only way to return indefinitely, but at this moment it isn't possible to use that method due to timing, so it isn't necessary to mention anything on that topic.

I want to acquire for my partner a short term visa. The question is, which visa. I understand there are two possible options, a visitors visa and a medical visa.

We want to enter England as soon as possible. That means, if we can secure a visa tomorrow, we would travel the next day.

After the birth we plan to stay for a short while until my partner is fit enough to travel onward.


I thank you immensely for reading this and I appreciate all sorts of responses aiding us to achieve this incredible mission.

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Casa
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by Casa » Sat Mar 05, 2016 9:25 am

You've left it very late! There are several issues here:
1. Pregnancy won't be considered as an emergency
2. Giving birth in the UK will require payment of all NHS fees, which will be charged @ 150% of the cost, amounting to several thousand pounds for an uncomplicated birth. Considerably more for a c-section or birth in a private hospital.
3. No visa will be issued within a day in these circumstances. A medical visa comes within the 'standard visitor visa' category.
4. In order for a visitor visa to stand any chance of success on medical grounds, your partner would have to submit evidence of strong ties to her home country. This would include proof such as employment, property ownership, long term study, dependent family.
(Casa, not CR001)
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.

noajthan
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by noajthan » Sat Mar 05, 2016 10:01 am

BritishAsh wrote:Good day people. Thank you for clicking this post. I hope you can help us with this situation.

I am a British Citizen from birth and my partner is Nicaraguan. We live in Nicaragua. She is 7 months pregnant with our baby and we cannot and will not have our child in this country.

We need a visa, and quick. We are not married.

Note: We do want to live in the UK permanently, but I am here to ask for advice to gain a short term visa to simply have the child and be close to family. I already understand the SS route is our only way to return indefinitely, but at this moment it isn't possible to use that method due to timing, so it isn't necessary to mention anything on that topic.

I want to acquire for my partner a short term visa. The question is, which visa. I understand there are two possible options, a visitors visa and a medical visa.

We want to enter England as soon as possible. That means, if we can secure a visa tomorrow, we would travel the next day.

After the birth we plan to stay for a short while until my partner is fit enough to travel onward.


I thank you immensely for reading this and I appreciate all sorts of responses aiding us to achieve this incredible mission.
Unless in a durable relationship 'akin to marriage' SS won't fly.
So you need to be working towards that state even if no immediate plans for SS route.
It can take 2 years (or just marry).

Parachuting back into UK is unlikely to work (as explained above).

My geography is sketchy but there are still some remnants of Commonwealth and old British colonies in your neck of woods, aren't there?
Your best bet may be to shoot for Belize, or British Virgin or Jamaica, Bermuda or ??. Some or all may have good facilities available.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

BritishAsh
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by BritishAsh » Sun Mar 06, 2016 5:08 am

The question was, "which visa?"

I didn't ask anything about SS or surrounding colonies of GB. We want to go to England.

The NHS will give emergency treatment as 'going into labour' is considered an emergency. They will not refuse treatment to any non EEA citizen in an emergency situation. Of course we will have to pay. Besides, private healthcare is our first option.

My question is, which visa do I need to acquire for my partner. Visitor Or Medical?

Either way, the objective is to be in England before the birth.

Thank you.

BritishAsh
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by BritishAsh » Sun Mar 06, 2016 5:16 am

Additionally, what exactly is 'durable relationship' anyway? We are having a child together and have been together for well over a year.

secret.simon
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by secret.simon » Sun Mar 06, 2016 5:19 am

Standard Visitor visa
You can apply for a Standard Visitor visa if you want to visit the UK:

for leisure, eg on holiday or to see your family and friends
for business, or to take part in sports or creative events
for another reason, eg to receive private medical treatment
...
You should get a decision on your visa within 3 weeks.
But
http://www.nhs.uk/conditions/pregnancy- ... gnant.aspx
The likelihood of going into labour is naturally higher after 37 weeks (around 32 weeks if you're carrying twins), and some airlines will not let you fly towards the end of your pregnancy. Check with the airline for their policy on this.

After week 28 of pregnancy, the airline may ask for a letter from your doctor or midwife confirming your due date, and that you aren't at risk of complications.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by secret.simon » Sun Mar 06, 2016 5:24 am

BritishAsh wrote:Additionally, what exactly is 'durable relationship' anyway? We are having a child together and have been together for well over a year.
Different in EU law (SS Route) and in UK immigration law.

UK Immigration law looks for a "relationship akin to marriage" for at least two years, with documentary proof of things like joint bank accounts, mortgages or rent payments, etc. To the best of my knowledge, having a child together does not count.

EU law does not have such hard and fast rules (ironically), but the UK interprets "durable relationship" on the same lines as "relationship akin to marriage", though it also takes into account things like having a child together.

But EU law only applies for the SS route, which you do not have time for.

Why is it so important to you for your partner to give birth in the UK? If you are a British citizen by birth, your child will be a British citizen by descent wherever in the world s/he is born.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

BritishAsh
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by BritishAsh » Sun Mar 06, 2016 7:34 am

Thank you for the replies. It is so important for us to get to the UK for a number of reasons I don't want get into, but mentioning that Nicaragua is the 2nd poorest country in the Western Hemisphere should be enough.

Anyway, I have been doing my research and I found this little gem. It's so shiny and beautiful I don't know whether to believe it or not.
https://www.gov.uk/check-uk-visa/y/nicaragua/medical
https://www.gov.uk/check-uk-visa/y/nicaragua/tourism

Both indicate that a visa is not required to travel.

So what does this mean? We can simply hop on a plain with the medical forms from the doctors clarifying she can fly and we're on our way?

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Re: Emergency situation - Need a VISA for pregnant partner.

Post by Casa » Sun Mar 06, 2016 9:23 am

You will taking a big risk in travelling without a visa....but then of course this is your decision. If the documented evidence you carry with you of your partner's strong ties to her home country, isn't sufficient to convince the Immigration Officer that she will not remain in the UK in excess of the period of stay granted, she will be denied entry. In her condition, this would be extremely distressing. I would also assume that you would need proof of where the private medical treatment will be provided and that you have the available funds to cover the cost.
This guidance for UK Border Officers, may be of interest:
Applications at the border for private medical treatment
See paragraphs V 3.13, V 4.2(e), V 4.14 - 4.16, and V 9.5 of the visitor rules.
If a person says they are receiving, or intend to receive, health or medical treatment in the UK, they must be referred to the port medical inspector.
Admission can be refused on the advice of the port medical inspector.
Applicants will need to satisfy you that they meet the requirements, including having sufficient funds available and the additional requirement for private medical treatment.
If an applicant is successful they may be granted no more than 6 months, subject to a condition prohibiting access to public funds, study and work.

https://www.gov.uk/government/uploads/s ... e_v4_0.pdf

...and from the Immigration Rules:
V 4.15 The applicant must have arranged their private medical treatment before they travel to the UK, and must provide a letter from their doctor or consultant detailing:
(a) the medical condition requiring consultation or treatment; and
(b) the estimated costs and likely duration of any treatment which must be of a finite duration; and
(c) where the consultation or treatment will take place.
(Casa, not CR001)
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.

noajthan
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by noajthan » Sun Mar 06, 2016 10:15 am

BritishAsh wrote:The question was, "which visa?"

I didn't ask anything about SS or surrounding colonies of GB. We want to go to England.

The NHS will give emergency treatment as 'going into labour' is considered an emergency. They will not refuse treatment to any non EEA citizen in an emergency situation. Of course we will have to pay. Besides, private healthcare is our first option.

My question is, which visa do I need to acquire for my partner. Visitor Or Medical?

Either way, the objective is to be in England before the birth.

Thank you.
We are very helpful here.
Forewarned is forearmed.

As a student of the university of life I have found a Plan B i(& Plan C) is worth its weight in gold. Even if only for peace of mind.
In times of stress and duress it gives another way out. Another ready-made option to pick up and execute as required.

fyi - a durable relationship akin to marriage is one in which a couple has lived as husband/wife for at least 2 years.
- and can prove it to a hard-hearted, indifferent and over-worked caseworker.

One year is not quite enough in immigration terms - and there are no boyfriend/girlfriend visas. So it matters.

You will begin to understand that, in most immigration matters, a little forward planning is necessary.
Rules can be applied in a binary manner; there is not much room for discretion.

That means: think ahead; do your research; understand visa requirements.
Work to meet the requirement AND obtain good (if not unimpeachable) documentary supporting evidence.

Even if you meet requirements but then find you cannot prove it to satisfy a caseworker or IO then that can be a dealbreaker.

Your present predicament is a good case in point.
You have had 8 or 9 months to position yourself and set things in motion.
Getting this right will impact not only this child but, in terms of citizenship, the generation to follow too.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Emergency situation - Need a VISA for pregnant partner.

Post by Casa » Sun Mar 06, 2016 10:22 am

....and in my defence, you obviously missed my response "A medical visa comes within the 'standard visitor visa' category."in the first post to your request for advice. :|
(Casa, not CR001)
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.

BritishAsh
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Given TA for birth. Partner of British Citizen. Reporting.

Post by BritishAsh » Tue May 31, 2016 11:55 pm

Hello.

I'm a British Citizen from birth and I was living in Nicaragua with my partner who got pregnant there. We flew back to the UK a month before the birth so we could have the baby here.

Our plan was to enter the UK for the 6 months and then move to Spain and apply for a family permit to go back to the UK permanently.

We read that a Nicaraguan Citizen does not need to apply for a visitors visa before attempting to enter the UK but to take all the documents you would normally need to present them at the boarder.

So we got to the boarder and presented the information. We were missing a document to say we were paying for the medical treatment (birth). Eventually we were refused entry and given temporary admittance for 7 days till we got the evidence we were missing.

After arranging a payment plan with NHS overseas dep, paid a deposit and got an NHS number, we forwarded this information to the home office who later extended our stay till she had the baby but she would then need to go back home.

Within this time frame of waiting for the baby, I was in regular contact with the home office. I asked them why they wouldn't grant the 6 month visiting visa and they said it was because she did not apply for a visa before entering the country.

I fought and told them they were wrong. A Nicaraguan citizen does not need to have applied for a visa prior to entering the country. https://www.gov.uk/check-uk-visa/y/nicaragua/medical

This website clearly says that one is not needed prior to entry.

So clearly there is a mistake somewhere. Perhaps the people at homeoffice aren't quite up to date with visa requirements.

Anyway, after not getting anywhere with that, they told me to wait for the birth and contact them again when the child was born. As it stood, she was required to leave the UK on the 27th May.

We hadn't contacted them yet as only a few days after the birth we got another letter from Salford Homeoffice asking us to report on the 1st of June. Tomorrow.


What exactly is it and what do I need to have prepared?

I spoke to a solicitor a few weeks ago and she mentioned something about FLRFP but she didn't get into it as she said because I was still in contact with the homeoffice and that I should wait.

Now that I received that letter asking to report, I believe they have seen that our case is not as simple as it once was.

Am I right in thinking that this 'reporting' is to take the case to the next level and fight to stay in the UK using FLRFP routes?


On the letter under the heading: Further reasons for wanting to stay in the UK it says that we should submit an application using the relevant form for the route you wish to apply.. It doesn't say but I assume this is the FLRFP. Right?

I'm worried about tomorrow. I want to know exactly what it 'reporting' is.


Thank you for reading. This is a very condensed version of events. I would be happy to answer any questions.

Thank you.

vinny
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Re: Given TA for birth. Partner of British Citizen. Reporti

Post by vinny » Wed Jun 01, 2016 12:10 am

Topics Merged.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Given TA for birth. Partner of British Citizen. Reporti

Post by physicskate » Wed Jun 01, 2016 9:06 am

BritishAsh wrote:Hello.

Our plan was to enter the UK for the 6 months and then move to Spain and apply for a family permit to go back to the UK permanently.

We read that a Nicaraguan Citizen does not need to apply for a visitors visa before attempting to enter the UK but to take all the documents you would normally need to present them at the boarder.

So we got to the boarder and presented the information. We were missing a document to say we were paying for the medical treatment (birth). Eventually we were refused entry and given temporary admittance for 7 days till we got the evidence we were missing.

Within this time frame of waiting for the baby, I was in regular contact with the home office. I asked them why they wouldn't grant the 6 month visiting visa and they said it was because she did not apply for a visa before entering the country.

I fought and told them they were wrong. A Nicaraguan citizen does not need to have applied for a visa prior to entering the country. https://www.gov.uk/check-uk-visa/y/nicaragua/medical

This website clearly says that one is not needed prior to entry.

So clearly there is a mistake somewhere. Perhaps the people at homeoffice aren't quite up to date with visa requirements.

What exactly is it and what do I need to have prepared?

I spoke to a solicitor a few weeks ago and she mentioned something about FLRFP but she didn't get into it as she said because I was still in contact with the homeoffice and that I should wait.

Am I right in thinking that this 'reporting' is to take the case to the next level and fight to stay in the UK using FLRFP routes?

I'm worried about tomorrow. I want to know exactly what it 'reporting' is.


Thank you for reading. This is a very condensed version of events. I would be happy to answer any questions.

Thank you.
I bet the HO love you. They can grant entry up to 6 months and it is up to the IO's discretion at the airport. They did not have to let her in at all. Full stop.

I take a very dim view of you using FLR FP as you knew well in advance of her pregnancy. This is the reason it is so hard for people to be with their families - people like you thinking you know better and flaunting the immigration rules. It is not a sure fire thing either, as you would be relying on the fact that your girlfriend is the parent of a British citizen, in which case she would need sole responsibility - so you couldn't be in a relationship.

If your girlfriend was 7 months pregnant at the beginning of March - surely she is due any time now? In which case, you go, sign on (I am not familiar with what happens personally, but others will help, I am sure (even then I am sure you will disregard the advice given)) and then hopefully the baby is born in the coming days and you can then leave the UK when it is about 6 weeks weeks old (some airlines will let babies fly at 4 weeks, I think). I would stick with the original SS plan... or marry and use the UK immigration routes available.

FLR FP is going to be a long route (many months or years for the application), which may or may not be successful. I would not wish it on my worst enemy if there was any other route available. It is also a 10 year route to settlement (as opposed to a 5 year route for a spouse) and they may change the requirements at any time. As it stands, each FLR FP application takes nearly £2000 because of the IHS charge. Do you want to be living with 4 applications of that over 10 years??? After 10 years the ILR application would be about another £1500 - bear in mind the fees have increased dramatically in recent years, and it can be safely assumed they will continue to do so. The citizenship fee went up by over 20% this year... for example.

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Re: Given TA for birth. Partner of British Citizen. Reporti

Post by Casa » Wed Jun 01, 2016 9:37 am

I can see in your most recent post that your baby has been born.
Reporting is unlikely to be to discuss your partner's option of applying of a FLR(FP), it will probably be to establish a departure day. The HO may retain her passport in order to ensure she complies with the temporary leave granted which enabled her to give birth here, instead of being denied entry.

One point that physicskate didn't mention in her post in reference to costs of the FLR(FP) route, is that the initial application is highly likely to be refused, as you don't meet the Immigration Rules on a number of counts. The Court appeal process is lengthy and would need very deep pockets to meet what may well be years of legal fees.
(Casa, not CR001)
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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