URGENT.. Pregnant on Tier 4 visa which ends in January.

[Benj2006]

Hi there,

I am a UK citizen with a Chinese Fiancee on a Tier 4 student visa.
Her course has finished now and her visa ends in January 2018. I was going to go back to China with her for a while as she applies for another UK student visa to complete her PHD however we have recently found out that she is pregnant so this will not be happening just yet.
We would prefer her to have the baby over here but we aren't quite sure of the visa options we have. I would like to apply for the Fiance/Marriage visa but have been told that I fall just under the minimum income requirement.
Are there any ways of extending her visa somehow?

Thank you.
Ben

[sah10406]

Are there any ways of extending her visa somehow?

If the PhD starts within 28 days of the end of her current visa, she can normally apply in the UK. However, there is no such thing as "maternity leave" from a Tier 4 visa, so if she wants to take time off the course her university would need to withdraw Tier 4 sponsorship.

[Benj2006]

Thanks for your reply.
She won't be doing her PHD just yet as she is pregnant and wants to get this sorted out first. Is there no way of her getting some type of visa to stay here while she gives birth? After all the child has a British father.
I have messaged the Home office with my queries but they haven't replied as of yet so was just wondering if anybody has any knowledge of the options?

[sah10406]

Is there no way of her getting some type of visa to stay here while she gives birth? After all the child has a British father.

This forum's participants have experience and expertise in Tier 4 applications, so you might wish to post in another forum. However it appears you have already looked into her staying in the UK as your unmarried partner, but you did not meet the financial criteria.

There is no such thing as a visa to stay in the UK to use the NHS. An application outside the immigration rules would be very expensive (£993 application fee + £500 immigration health surcharge) and may not be the best course of action for the long term. I would recommend discussing your options with a professional immigration adviser, and for one option to be moving to China.

I have messaged the Home office with my queries but they haven't replied as of yet so was just wondering if anybody has any knowledge of the options?

The Home Office doesn't give sound immigration advice, so do not act on anything you are told!