Discrestionary Leave to Remain for my Wife ...Please help!

[Casa]

In addition to Obie's advice, do bear in mind that charges must be paid on all NHS treatment, including GP appointments...not just on the birth of your baby.

[Rayman2010]

As my colleague correctly pointed out. The use of the NHS can merit an automatic refusal under S-LTRP 2.3. Especially if the fee exceed £1000.

For maternity care it may well exceed that, so you must bear that in mind.

Furthermore, if things don't work out, your wife may never be able to obtain a visitors visa again.

Please bear in mind that we intend to make FLR (O) application before the expiry date of my wife's visa ....whilst this is the case w she will be under no restrictions with regards to movement until such time that her application has been determined....in the meantime she will be undertaking her IELTS test with the assistance of home study , in the event that a refusal does uccur at least she can leave the country within the 28 days of the refusal and make an application for a spouse visa as in her country as the refusal will not have any negative impact on any future applications....if she is granted ...well that's just that mission achieved. I think that's the best plan

[Rayman2010]

In addition to Obie's advice, do bear in mind that charges must be paid on all NHS treatment, including GP appointments...not just on the birth of your baby.

GP appoints are free of charge as I have already checked the department of health, as for NHS I have already this with the department of health and the NHS directly and that have confirmed all cost are at the hospitals discretion and further discussed is required with the manager of International patients within the specific hospital ....

[Obie]

Well you seem to have done some homework.

Impressive.

As ironic as it sounds, I must state, as I did before, that an application lodged whiles are visitor's visa is extant is highly likely to fail.

[Wanderer]

In addition to Obie's advice, do bear in mind that charges must be paid on all NHS treatment, including GP appointments...not just on the birth of your baby.

GP appoints are free of charge as I have already checked the department of health, as for NHS I have already this with the department of health and the NHS directly and that have confirmed all cost are at the hospitals discretion and further discussed is required with the manager of International patients within the specific hospital ....

Sorry mate I can't let you fall on your sword like this, GP WILL charge, hospital WILL charge, NHS is a business, not a charity, I worked on their systems, I appreciate you are in full justify-my-actions mode and 'Yooman Writes' etc, but to be honest it's gonna cost you.

[Casa]

It would be wise to thoroughly read through the guidance on NHS charges for overseas chargeable patients (which includes your wife), to understand the implications for future visa applications.
In particular:
You should be aware that under paragraphs 320(22) and 322(12), and 3.14 of
Appendix V, of the Immigration Rules a person with outstanding debts of over £500
for NHS treatment that is not paid within two months of invoicing, may be denied a
further immigration application to enter or remain in the UK.
In the absence of prompt full settlement or a reasonable repayment schedule, nonclinical
information relating to this debt is provided routinely to the Home Office and
may be used by the Home Office to apply the above Immigration Rules. The
information will remain active for the purpose of the above rules until the debt is
settled and a record of the settled debt will also be retained, both subject to normal
limitation periods.

https://www.gov.uk/government/uploads/s ... s_2016.pdf

[Rayman2010]

Well you seem to have done some homework.

Impressive.

As ironic as it sounds, I must state, as I did before, that an application lodged whiles are visitor's visa is extant is highly likely to fail.

Of course it's going to fail ....they all do right except there will be an appeal process ....I have a right to family life.

[Wanderer]

Well you seem to have done some homework.

Impressive.

As ironic as it sounds, I must state, as I did before, that an application lodged whiles are visitor's visa is extant is highly likely to fail.

Of course it's going to fail ....they all do right except there will be an appeal process ....I have a right to family life.

This is true, but UKVI will argue you can have that elsewhere, like the 'other' country.

[Rayman2010]

Well you seem to have done some homework.

Impressive.

As ironic as it sounds, I must state, as I did before, that an application lodged whiles are visitor's visa is extant is highly likely to fail.

Of course it's going to fail ....they all do right except there will be an appeal process ....I have a right to family life.

This is true, but UKVI will argue you can have that elsewhere, like the 'other' country.

True ...but I have two sons from a previous marriage that I have an active visitation order and I make regular CSA payments to them ...so I can't have that elsewhere.....

[Obie]

I have no Idea how the NHS thing work, save for the fact that i remember a Brazilian woman who was put in Detention and was later released as they found out she was pregnant, and just 6 months after giving birth she received a bill of about 5 k.

In my local community the maternity unit request passport from people they deem foreign, before they administer maternity care like ultrasound.

I heard some other areas are lenient.

[Casa]

I have no Idea how the NHS thing work, save for the fact that i remember a Brazilian woman who was put in Detention and was later released as they found out she was pregnant, and just 6 months after giving birth she received a bill of about 5 k.

In my local community the maternity unit request passport from people they deem foreign, before they administer maternity care like ultrasound.

I heard some other areas are lenient.

Similar case where the partner entered as a visitor and gave birth to their baby here (British father) and in the words of the OP was 'slapped with a hospital bill for around £3,500'.
http://www.immigrationboards.com/genera ... s#p1387581

[Rayman2010]

I have no Idea how the NHS thing work, save for the fact that i remember a Brazilian woman who was put in Detention and was later released as they found out she was pregnant, and just 6 months after giving birth she received a bill of about 5 k.

In my local community the maternity unit request passport from people they deem foreign, before they administer maternity care like ultrasound.

I heard some other areas are lenient.

Well as home birth is looking more likely ....we have very good family friend who is a doctor and specialise in maternity....let's see what happens before we get to that point ....

[physicskate]

Please also note that FLR O is no longer the application to make to stay with family... The advisor and helpline that gave you that claptrap is four years out of date!

[Obie]

Interesting. So you are entitled to do a home birth without the involvement of the NHS doctors.

I never knew this was possible.

So you are arranging antenatal and postnatal, all on a private basis.

Very interesting.

[Wanderer]

Interesting. So you are entitled to do a home birth without the involvement of the NHS doctors.

I never knew this was possible.

So you are arranging antenatal and postnatal, all on a private basis.

Very interesting.

My last child was a home birth, still needed two midwives present, two in case of any issues and possible court case fallout. Both midwives were late and panicked at what I'd done (to be fair, 10 mins from waters to birth, I delivered the child, total doddle!) thinking I'd be suing, all was fine but she was very nervous until the other midwife arrived. So not so simple as the OP presumes, think he's getting a bit carried away to justify his position on this I fear.

That was 2000, so I imagine things are stricter now.

[Rayman2010]

Please also note that FLR O is no longer the application to make to stay with family... The advisor and helpline that gave you that claptrap is four years out of date!

FLR(O)
Version 04/2016
Application for
leave to remain
in the UK in a category not covered
by other forms and a biometric
immigration document

This form is for the following categories:
• Visitors (except Approved Destination Status & Permitted Paid Engagements visitors)
• UK ancestry
• Domestic worker in a private household
• Domestic worker who is a victim of slavery or human trafficking
• Dependant of a person who has limited leave to enter or remain in the UK other than under
the points based system
• Parent of a Tier 4 (child) student
• Discretionary Leave (DL) where the applicant has previously been granted a period of DL but
has not previously been refused asylum or granted less than four years Exceptional Leave
• Relevant Civilian Employee
• Member of an Armed Forces who is not exempt from immigration control
• A dependant of a member of an armed force (not HM Forces who should complete FLR(AF))
who is exempt from immigration control under the Immigration Act 1971
• Locally engaged staff of a Diplomatic Mission

[Rayman2010]

Interesting. So you are entitled to do a home birth without the involvement of the NHS doctors.

I never knew this was possible.

So you are arranging antenatal and postnatal, all on a private basis.

Very interesting.

I'm not sure if we can have a home birth ....if the law permits it then it might be an idea....if not then NHS and I guess it cost what it's coat hardly avoidable really ....

[Obie]

It is my wish that your wife delivers safely without any issues.

However I will strongly suggest that you ensure she receives proper antenatal care, and if you decide to have your home care, ensure you coordinate it with the hospital in the event of emergency.

You are earning reasonably decent wage, I am sure a price tag cannot be put on the wellbeing of your wife and unborn baby.

Go private if required. Or pay the frigging fee if demanded of you.

Don't allow mediocre birth that can lead to problems.

Doctors are qualified for complicated birth and midwife are trained in normal birth.

I was a medical student before, so I am saying this frok experience.

The obstetricans are only called in emergency. Most midwifes tend to drive them away.

So you doctor friend may not know as much as the midwifes.

[Fio]

I understand you very well as a person who is in a similar case.I was on a visitor visa that already expired last december. The HO officer also told my husband (british citizen)on the phone to consider FLR(O) for me to remain with my baby that was then 3 weeks. I made my application by the end of November last year. Got a refusal for HO, Appealed to the first tribunal and my appeal was dissmissed, now we have ask for permission to appeal to the upper tribunal and we are waiting the answer that is more likely to follow the same path. We have decided that ill go back to my country with my daughter to apply for an spouse visa when i get this answer, and during this time we have been able to get some paperwork we need for our daughter to travel. It has been worth this process because my husband has been working extra to full fill the financial requirement and our daughter nearly 1 year is big enough to recognize him during the future videocalls, we have spent the most important moments-last stage of pregnancy- delivery-first months-as a family all together. If you go for it and your baby born here, you would like to check the health advice for your wifes country, like in my case the GP wont recommend my baby to travel with me because there are endemic illnesses for which she cant be vaccinated yet, sadly the first tier tribunal have said that the public purse is more important in this case and the letter from the GP isn't enough (given more importance to requirements than the human right to a family life and the children welfare), but you earn well more than the requirement so I'm not sure what they will tell you.

[Casa]

I understand you very well as a person who is in a similar case.I was on a visitor visa that already expired last december. The HO officer also told my husband (british citizen)on the phone to consider FLR(O) for me to remain with my baby that was then 3 weeks. I made my application by the end of November last year. Got a refusal for HO, Appealed to the first tribunal and my appeal was dissmissed, now we have ask for permission to appeal to the upper tribunal and we are waiting the answer that is more likely to follow the same path. We have decided that ill go back to my country with my daughter to apply for an spouse visa when i get this answer, and during this time we have been able to get some paperwork we need for our daughter to travel. It has been worth this process because my husband has been working extra to full fill the financial requirement and our daughter nearly 1 year is big enough to recognize him during the future videocalls, we have spent the most important moments-last stage of pregnancy- delivery-first months-as a family all together. If you go for it and your baby born here, you would like to check the health advice for your wifes country, like in my case the GP wont recommend my baby to travel with me because there are endemic illnesses for which she cant be vaccinated yet, sadly the first tier tribunal have said that the public purse is more important in this case and the letter from the GP isn't enough (given more importance to requirements than the human right to a family life and the children welfare), but you earn well more than the requirement so I'm not sure what they will tell you.

Thank you for contributing with your experience? Have you been invoiced for the NHS cost of the birth or did you have the delivery in a private clinic?