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Medical Visit Visa

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the guy
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Medical Visit Visa

Post by the guy » Mon Jun 30, 2014 5:48 am

Hi,
I am residing in the UK and have recently applied for ILR based on long residence, and waiting for approval.
My wife had a 2 years visit visa, and has been staying in the UK for 18 months out of the last 24 month over 7 travels, but the longest she stayed here was 4 month.
Her visa has now expired about a month ago, and she is out of the UK now. We are expecting a baby in October 2014 and I am wondering if she would be granted medical visit visa to come here and deliver our baby? considering that:
1. she has spent more than half of her time in the UK over the last 2 years while on general visit visa.
2. because i am in the UK, they may ask that she applies for family visitor, but we cannot because my application is still in the Home office.
Thanks in anticipation of good support

Wanderer
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Ireland

Re: Medical Visit Visa

Post by Wanderer » Mon Jun 30, 2014 9:58 am

I wouldn't risk it, sounds like she's already been running the gauntlet by effectively living here on a visit visa.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: Medical Visit Visa

Post by Casa » Mon Jun 30, 2014 10:02 am

Delivery of a baby wouldn't qualify as a reason to grant a Medical Visit Visa. Wanderer is right about the balance of time spent in the UK.
(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.

the guy
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Re: Medical Visit Visa

Post by the guy » Mon Jun 30, 2014 1:24 pm

Thanks for your responses. We plan to pay for private medical service while she is in the UK. Do you think that would help?

Wanderer
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Re: Medical Visit Visa

Post by Wanderer » Mon Jun 30, 2014 1:38 pm

the guy wrote:Thanks for your responses. We plan to pay for private medical service while she is in the UK. Do you think that would help?
Nope, plus an application might trigger and look at your wife frequent/long visits and make things much tougher in the future. Also a birth doesn't seem to fit the criteria below....
2. Eligibility
You must prove that you:

have a medical condition that needs private consultation or treatment in the UK
have made or paid for arrangements for consultations or treatment
have enough money to pay for your treatment, support yourself without using public funds and pay for your return or onward journey
will leave the UK once your treatment is completed, or when your visa expires
are not a danger to public health if you’re suffering from an infectious disease, eg leprosy
are not in transit to a country outside the UK, Ireland, Isle of Man and the Channel Islands
An chéad stad eile Stáisiún Uí Chonghaile....

the guy
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Re: Medical Visit Visa

Post by the guy » Mon Jun 30, 2014 4:50 pm

Thanks for the info Wanderer, It seems you are really learned on these issues.
What of if she applies for medical visa to attend to complicated birth issue, and wait for her to spend 3.5 months out of UK before applying? would that work?

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Re: Medical Visit Visa

Post by Amber » Mon Jun 30, 2014 4:56 pm

Why not a spouse visa?
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the guy
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Re: Medical Visit Visa

Post by the guy » Mon Jun 30, 2014 5:50 pm

Thanks for your input. Family visa requires me to have a valid visa, and I am still awaiting my ILR based on long residency, and it could take several months because I just applied less than 2 weeks ago.

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Casa
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Re: Medical Visit Visa

Post by Casa » Mon Jun 30, 2014 6:09 pm

Has she been advised that it will be a complicated delivery requiring specialist medical treatment that isn't available in her home country?
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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.

the guy
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Re: Medical Visit Visa

Post by the guy » Tue Jul 01, 2014 1:10 am

Yes, her doctors said they are concerned about her ability to deliver normally. But, they believe they could deal with it in her home country.

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