Keeping my wife and newborn son in the UK with me.

[mickhunter84]

Good morning, currently in a tricky situation, looking for the best and cheapest option, with my wife's T4 student visa about to expire on October the 18th 2018, we are expecting our Son any day now who will be a British citizen as I'm British born.

My wife's details. (Currently in UK)
Lived in UK 4 years as a student on a T4 General Student Leave to remain with 20hrs max in term-time work (never worked and doesn't have a NI number)
Russian citizen with Russian Passport
No other children
Only ever married me. British marriage certificate.
Mother is Russian currently living in Poland on a temporary Polish residency permit.
Father is Polish living in Poland with Mother.
Currently awaiting a POLISH passport (2-6 months waiting time)

My Details. (Currently in UK)
British Citizen since birth.
No other children, no other marriage.
Full time employed salary £24500.

Jason (Son) will be a British Citizen I'm assuming because he will be born in the UK and has me as his father. Please correct me if I'm wrong?

Most would be thinking of the Spouse Visa, and yes having read through the documents it would be likely that this would be approved given the marriage, salary and newborn. However, it's just such a huge cost and with my wife applied/expecting a polish passport (because of father) but not until her current student visa expires, anywhere from 2 months to 6 months for the Polish Passport. The EEA family permit would be ideal but as I'm British and living in the UK I don't think would be valid, can anybody see some way to extend her visa (without her dong a masters) until her Polish Passport comes through.

If she was going to be deported to Russia (Russian Passport) she literally has nothing there, she would in effect be on the streets. (Obviously not going to let it come to that).

Your advice would be greatly appreciated.

Kindest regards,

Mick

[bathanza]

Is your wife's student visa based on her Polish or Russian nationality?

You can certainly switch to a spousal route whilst she is in the country as you're married and earn the required salary requirement. Have you been cohabiting for 2 years with evidence?

Make sure your documents are in English or translated to English, book her A1 SELT exam and go through the application. Within expiry of visa is most best. If you can fork out the premium appointment cost you can get a decision same day.

Irrespective of where she gives birth, your child is British by descent.

[Casa]

Have you been cohabiting for 2 years with evidence?

For couples who are married, the 2 year co-habitation period is irrelevant.

[mickhunter84]

Many thanks Casa and bathanza for your responses, I take it that the Spousal route FLR (M) is my only option? it seems such a shame to waste over 2'000 pounds in VISA/Bio/NHS when all I need is an extra 6months extension for her to receive her Polish Passport and then none of this would be required as she would be EU.

[bathanza]

Many thanks Casa and bathanza for your responses, I take it that the Spousal route FLR (M) is my only option? it seems such a shame to waste over 2'000 pounds in VISA/Bio/NHS when all I need is an extra 6months extension for her to receive her Polish Passport and then none of this would be required as she would be EU.

Ah yes indeed. Just got your point about the Polish passport

The problem is that if she were to overstay her immigration history would be compromised.

A switch to FLRM is appropriate however, with an EU passport on the way.. a short period of time with separation may be cost effective for you. You'll know she will have no issues entering with her EU passport. (Before Brexit I take it...)

[vinny]

Despite the lack of a Polish passport, isn’t she automatically Polish by birth via her Polish father?
Does she have CSIC?

[mickhunter84]

Thanks bathanza, great idea on the separation but sadly with a newborn son i couldn't bare it. Thank you for your responses. Hi Vinny not sure what a CSIS is i'm afraid?

[CR001]

Thanks bathanza, great idea on the separation but sadly with a newborn son i couldn't bare it. Thank you for your responses. Hi Vinny not sure what a CSIS is i'm afraid?

Click on vinny's link (CSIS).