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My Argentinian fiancé is pregnant. Best route into UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Aperture87
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Joined: Mon Jul 31, 2017 4:33 pm

My Argentinian fiancé is pregnant. Best route into UK

Post by Aperture87 » Mon Jul 31, 2017 5:04 pm

First of all I would like to thank you for your time. Any information offered would be greatly appreciated.

After nearly 2 years of alternating between countries me and my fiancé had decided to try and settle in the uk and build a future together. The plan was originally for her to come in September on a tourist visa and while here we would apply for a marriage visa and go from there.

However just before I left Argentina in July we discovered that she was pregnant. It is my understanding that she would not be able to access the NHS service for free ( could insurance be taken out to cover the costs of all the services requiered during pregnancy?) So it seems that coming here on a tourist visa would lead to expensive hospital fees.

We do intend to get married as soon as possible so that is not an issue but how much will it help us and what would be the best way for her to enter the uk. Should we apply for a fiancé visa now? I've only been home a week and before I started looking into it all I naively thought that she would be entitled to have the baby on the NHS due to the child being of a British citizen.

I am a UK born nacional
She is Argentinian. Has already been here before, for tourist visas there is no application process for Argentinians
We have been in a relationship for 2 years in September. Have been engaged since February this year and intend to get married before the end of the year.
She is currently in her 5th week of pregnancy
In Argentina she is a fully qualified teacher and self employed.

Thank you again for taking the time to read this

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: My Argentinian fiancé is pregnant. Best route into UK

Post by Casa » Mon Jul 31, 2017 9:33 pm

Aperture87 wrote:First of all I would like to thank you for your time. Any information offered would be greatly appreciated.

After nearly 2 years of alternating between countries me and my fiancé had decided to try and settle in the uk and build a future together. The plan was originally for her to come in September on a tourist visa and while here we would apply for a marriage visa and go from there. It's not permitted to switch to any other category of visa while in the UK as a visitor. She would have to return to Argentina and submit a fiance visa application from there.

However just before I left Argentina in July we discovered that she was pregnant. It is my understanding that she would not be able to access the NHS service for free ( could insurance be taken out to cover the costs of all the services requiered during pregnancy?) So it seems that coming here on a tourist visa would lead to expensive hospital fees. An insurance policy won't cover pregnancy or any other medical condition which exists when the insurance is taken out. NHS fees for ante-natal, the birth and aftercare will be charged at 150% of the cost, which for a straightfoward birth would amount to £2,000 or more.

We do intend to get married as soon as possible so that is not an issue but how much will it help us and what would be the best way for her to enter the uk. Should we apply for a fiancé visa now? I've only been home a week and before I started looking into it all I naively thought that she would be entitled to have the baby on the NHS due to the child being of a British citizen. Assuming you are able to meet the minimum annual income level of £18,600, you should apply for a fiance visa which will require you to marry in the UK within 6 months. After marrying, she would have to apply for a FLR(M) visa which will grant a period of 2.5 years before she has to apply for a further 2.5 year extension (5 years in total before qualifying for settlement.
Fiance visa = £1,464
+
FLR(M) visa = £993 + mandatory £500 NHS surcharge


I am a UK born nacional
She is Argentinian. Has already been here before, for tourist visas there is no application process for Argentinians
We have been in a relationship for 2 years in September. Have been engaged since February this year and intend to get married before the end of the year.
She is currently in her 5th week of pregnancy
In Argentina she is a fully qualified teacher and self employed. Her employment in her home country is irrelevant to the visa application. She will however have to pass an A1 level English test through a Home Office approved test provider.

Thank you again for taking the time to read this
Bear in mind that the fiance visa may take 12 weeks to process and generally an airline won't permit her to board after the 36th week of pregnancy and some airlines won't accept her after the 28th week. :idea:
(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.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: My Argentinian fiancé is pregnant. Best route into UK

Post by physicskate » Tue Aug 01, 2017 12:03 am

Or you could skip the fiance visa (which does not allow 'free' access to the NHS). Could you marry in Argentina quickly? It does not have to be a big lavish affair. Your spouse would then apply for entry clearance as a spouse and would be eligible to give birth using the NHS as she would have paid the Immigration health surcharge.

If you want a big wedding in the UK, after she arrives you could hold a big blessing ceremony at your leisure...

But it's all moot unless you earn above £18,600 or have substantial savings.

Aperture87
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Posts: 2
Joined: Mon Jul 31, 2017 4:33 pm

Re: My Argentinian fiancé is pregnant. Best route into UK

Post by Aperture87 » Tue Aug 01, 2017 12:19 pm

Thank you for your replies. Normally I would earn more than the 18600 but for the last 2 years I have spent periods of 3 months at a time in Argentina. To the total of around 5 months each year meaning I am way off that 18600. I can prove that when I am working I will earn more than the minimum amount with past payslips though.

Also my family is willing to assist and have said they would be willing to be put down as sponsors for her. Would this help to negate the fact that my earnings are below the minimum required for the last Year. We would also be staying in the family home initially.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: My Argentinian fiancé is pregnant. Best route into UK

Post by physicskate » Tue Aug 01, 2017 6:25 pm

Aperture87 wrote:Thank you for your replies. Normally I would earn more than the 18600 but for the last 2 years I have spent periods of 3 months at a time in Argentina. To the total of around 5 months each year meaning I am way off that 18600. I can prove that when I am working I will earn more than the minimum amount with past payslips though.

Also my family is willing to assist and have said they would be willing to be put down as sponsors for her. Would this help to negate the fact that my earnings are below the minimum required for the last Year. We would also be staying in the family home initially.

A statement of changes that may work in your favour has very recently been published, but as of yet I don't think the rules/ guidance have changed (would be happy to be corrected)...

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

Do you have substantial savings? How much have you earned in the past 6 months?

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