FLR(FP) is taking too long - can I switch?

[talktonight]

Hello there,

Rather difficult situation here, so any advice would be highly appreciated!

I am an ILR (Indefinite leave to remain) holder, applying for my citizenship next week, so fingers crossed I will have British Passport by around January - February 2018, considering current waiting time. My wife is currently on her spouse visa (2.5 years) which is due to be extended in 2019 for another 2.5 years before she can apply for her own ILR.

We have a child who was born in the UK back in 2012 and she now holds British Passport.

We are now required to divorce and I am looking for the most time efficient option to get my wife her ILR or other type of visa sooner.

I don't want to wait (and be legally married) until 2019 when my wife's visa is due for extension and then wait another 2.5 years until she will be eligible to get an ILR (2021 - 2022). I have other relationships and need to be officially divorced so that I can sponsor another non-EU national and so that she can stay in the UK.

Is there any other way around this, considering that we have a British National child (5 years old) who will be staying with her mother in the UK? Perhaps some sort of family visa? If so, would it lead to my (current) wife getting settlement in future?

Any advice would be highly appreciated.

[talktonight]

Hi there,

Very difficult situation here, I am currently with ILR (applied for naturalisation recently and will get my British Passport around April 2018).

I am married, my spouse is on FLR(M) and we have a child who holds British Passport. My spouse will get her ILR only after 3 years (in 2021).

I now have another relationships and my new (unofficial) partner is expecting a child in August 2018. My new partner has her own Tier 4 Student visa and does not require my sponsorship. What do we do with the child's status in the UK? If we apply for British nationality for a child based on my British Passport, how is it going to affect my current marriage / my current wife's visa extension?

Please help!

[secret.simon]

how is it going to affect my current marriage

That is a question for a marriage counsellor, not an immigration forum.

You will need to have a DNA test taken for the child if you plan to apply for British citizenship for the child based on your ILR/British citizenship.

EDIT: Can the mods merge this thread to the user's other related question.

[talktonight]

Dear all,

My girlfriend is currently in the UK under Tier 4 General, which expires at the end of June 2018.
She is taking on PhD course starting in September 2018.
She requires to be physically present in the UK from mid-July 2018 onwards, due to exceptional circumstances (she's due to have a baby during this time and wants to give birth in the UK).

Is there any way she could apply for a different visa category (if such category exists) so that she will be allowed to enter the UK in July 2018, for example?

[sah10406]

Is there any way she could apply for a different visa category (if such category exists) so that she will be allowed to enter the UK in July 2018, for example?

If she is not eligible for any application on the basis of your relationship, or under Tier 2 for sponsored skilled work, then probably the only other option is to bring the start date of the PhD forward to no more than 28 days after her current leave expires, and make a Tier 4 application. However there is no such thing as maternity leave from a Tier 4 visa, so if she is taking time away from her studies to have the baby, the Tier 4 sponsor would need to end the sponsorship anyway.

See this recent very similar posting:
uk-tier-4-student-visas/urgent-pregnant ... 43804.html

[CR001]

If she is not eligible for any application on the basis of your relationship

OPs situation is a bit more complicated as he has a wife (on a spouse visa) and child already.

immigration-for-family-members/help-chi ... 43564.html

[sah10406]

OPs situation is a bit more complicated as he has a wife (on a spouse visa) and child already.

Thanks, good to know. I think my answer still stands.

[talktonight]

Hi everyone,

My fiancee, who's currently in the UK under Tier 4 student visa (valid until June 2018), is pregnant. She's registered with local NHS and is under maternity supervision. Her expected birth date (end of July 2018) falls for the period when her current Tier 4 visa will be expired. She will apply for another Tier 4 visa which will be valid from September 2018 only. There's no other way of getting Tier 4 visa to start earlier.

We want for her to be able to give birth in the UK at the end of July 2018.

The plan is to get a regular tourist visa and enter UK as soon as her current Tier 4 visa expires at the end of June 2018.

My main question is, has anyone had any experience when NHS would ask her to pay for the birth in such case? She is already registered with NHS and they have all her details, so I do not see why / how they would request any visa related documents from her again in the future before allowing her to give birth.

Any advise would be highly appreciated!

[Wanderer]

Is she studying now?

The birth will have to be paid for, as I can't see her getting a T4 visa whilst not being able to study.

[Casa]

Highly unlikely that she will granted a visitor visa so soon after expiry of her Tier 4 Student visa. Even if she is fortunate to be issued with a visa she is likely to be refused entry by UK Border Control when she is obviously so close to her full term of pregnancy.

Also bear in mind that under airline Conditions of Carriage Article 8.2. she will be unable to travel once she reaches 36 weeks in the pregnancy.

If she is your fiancee, assuming you meet the requirements for a spouse visa why don't you marry in the UK before her current visa expires?

[CR001]

Is she studying now?

The birth will have to be paid for, as I can't see her getting a T4 visa whilst not being able to study.

by Casa » Mon Jan 29, 2018 12:37 pm
If she is your fiancee, assuming you meet the requirements for a spouse visa why don't you marry in the UK before her current visa expires?

I have merged the OPs topics, which is more complicated that just a 'fiance' as OP is already married with a spouse on a spouse visa.

[Wanderer]

I'll wait until it's on Jeremy Kyle, see what he says.....

[talktonight]

Hi all,

My partner applied for her FLR(FP) visa in June 2018, biometrics submitted shortly after.

She has since given a birth to our child (who now has British Passport), and officially married me (after we finally received official approval from Home Office). I've submitted copy of Birth Certificate, child's passport, and marriage certificate to the Home Office as additional documents to my wife's application.

I now read the timelines topics on this forum and I am speechless that some people are waiting over a year to get decision on FLR(FP) visa.

We have a lot of travel plans for the end of this and beginning of next year, and I want to know if it is possible to request Home Office to return her documents and then reapply using same day premium service? I understand that we will loose the original visa fee, but that does not matter now, as long as there is an option to speed up the process.

Any advise would be highly appreciated!

[bathanza]

What is your wife's immigration history?

[CR001]

What is your wife's immigration history?

Topics merged for you so can see the OPs full circumstances.

[CR001]

She has since given a birth to our child (who now has British Passport), and officially married me (after we finally received official approval from Home Office). I've submitted copy of Birth Certificate, child's passport, and marriage certificate to the Home Office as additional documents to my wife's application.

What happened to your other wife who was on a spouse visa visa due for renewal next year??

[talktonight]

What is your wife's immigration history?

She's been on Tier 2 studying law in London since 2017. Her student visa expired on 28th June 2018, and we applied for FLR(FP) on 26th June 2018 by post, just before the expiry. She was heavily pregnant at the time, and an immigration lawyer advised that it would be best to apply by post, since we did not want to risk being refused for same day application because we wanted to give birth in London (it was our priority at the time).

So we applied by post. I was prepared to wait for 4-6 months, but after reading on this forum that people are waiting for over a year and still do not have any decision, I am now looking for every possible way to speed the process up.

[talktonight]

She has since given a birth to our child (who now has British Passport), and officially married me (after we finally received official approval from Home Office). I've submitted copy of Birth Certificate, child's passport, and marriage certificate to the Home Office as additional documents to my wife's application.

What happened to your other wife who was on a spouse visa visa due for renewal next year??

My former wife (we are now officially divorced in both countries) has successfully received her ILR(M) visa on a basis of British child. She will be applying for ILR (10 year route) next year.

[Londoner007]

I hope your former wife and child are coping well

[bathanza]

What is your wife's immigration history?

She's been on Tier 2 studying law in London since 2017. Her student visa expired on 28th June 2018, and we applied for FLR(FP) on 26th June 2018 by post, just before the expiry. She was heavily pregnant at the time, and an immigration lawyer advised that it would be best to apply by post, since we did not want to risk being refused for same day application because we wanted to give birth in London (it was our priority at the time).

So we applied by post. I was prepared to wait for 4-6 months, but after reading on this forum that people are waiting for over a year and still do not have any decision, I am now looking for every possible way to speed the process up.

The original merge post didn't make much sense to me, but your summary shows that your wife had a valid visa and have submitted for the FLR. Which does make it a valid application for the HO to consider.

If you were to withdraw the case, I believe it would end up making her an overstayer and it'll complicate matters further, you're better off waiting. From what I've read, if she has a valid visa you'll get a response within 6 months.

On what basis have you submitted the FLR FP?

Also, have you received the acknowledgment letter form the HO? Have they said anything complex or referencing human rights? That will delay the decision quite significantly.

[talktonight]

I hope your former wife and child are coping well

Thanks for your care - you can rest assured they are coping well, especially considering the amount of money I am giving to my ex-wife each month voluntarily. It is more than a double average Londoner's salary.

[talktonight]

What is your wife's immigration history?

She's been on Tier 2 studying law in London since 2017. Her student visa expired on 28th June 2018, and we applied for FLR(FP) on 26th June 2018 by post, just before the expiry. She was heavily pregnant at the time, and an immigration lawyer advised that it would be best to apply by post, since we did not want to risk being refused for same day application because we wanted to give birth in London (it was our priority at the time).

So we applied by post. I was prepared to wait for 4-6 months, but after reading on this forum that people are waiting for over a year and still do not have any decision, I am now looking for every possible way to speed the process up.

The original merge post didn't make much sense to me, but your summary shows that your wife had a valid visa and have submitted for the FLR. Which does make it a valid application for the HO to consider.

If you were to withdraw the case, I believe it would end up making her an overstayer and it'll complicate matters further, you're better off waiting. From what I've read, if she has a valid visa you'll get a response within 6 months.

On what basis have you submitted the FLR FP?

Also, have you received the acknowledgment letter form the HO? Have they said anything complex or referencing human rights? That will delay the decision quite significantly.

Thanks for your reply, bathanza.

We submitted FLR FP on a basis of unmarried partner, because at that time we were not officially married (although already submitted marriage request to local council - and it was under 70 days Home Office investigation).

We also provided a cover letter explaining that my wife-to-be is heavily pregnant and wanted to give birth to our child in the UK to avoid separating the child from his British father (me).

We received acknowledgement letter from Home Office quite quick - on 4th July 2018, and it does mention European Convention on Human Right, "which are complex in nature". I understand that we can not request our passport and then re-apply since it will be considered an overstay.

Does it mean we are stuck for at least a year without visa?

[bathanza]

If they have said it's complex they will not keep to a 6 month time frame. You'll have to wait. For how long, no one can tell. The thread FLR FP time line gives you a gist of things

Our first FLR FP took 18 months to be decided as a refusal - he was an overstayer without a visa and they routed it to a further submission clause which wasted our time. A JR wasted our time and then we got a visa same day. Lady luck or being smart..

All I can say is sit tight. Be positive. I hope you get something within 7 or 8 months. If it comes to over a year lodge a PAP for unreasonable wait time.