Can my pregnant US wife having her child in the UK?

[abrock]

Tomorrow is the biometric appointment for my wife, we have our supporting documents ready, and priority service, round trip courier booked.

The supporting documents apparently have to be originals. The hospital had emailed the letter, so we printed it. It does look like the real deal though.

I had to provide my bank statements for the last 6 months, but Halifax do not offer a method to export to pdf, so I exported 6.5 months of csv files (excel) and saved it as a pdf. I'm worried this might not sit well with the visa processing centre and we will be rejected. I did print the account summary from their site, which correlates to the excel spreadsheet. What do you guys think?

[abrock]

I managed to create a much better looking statement by using the online service. It was possible to make a printable version of each page of my statement back to January. I then used an online tool to attach the PDFs together.

We are much happier with that now.

The application was sent today. Fingers crossed.

[Casa]

Good luck. Keep us updated.

[abrock]

Thanks, Casa.

https://visa-processingtimes.homeoffice ... hs-or-less

I'm wondering if there is any experience with the visitor visa + medical and it's processing time with the priority visa service. The numbers on the link above would probably include standard and all of the priority visas too, right?

We fly on the 1st of August and the application was received by them on the 21st of July.

We used the round trip courier service from vfsglobal, UPS air next day I believe, so I'd assume it'll be Saturday if they were to send it next Friday.

We are both anxious that is will get done during the next 5 business days. Hoping there might be something that might give us some more hope.

[abrock]

Dear applicant,

We regret to inform you that your visa application has been unsuccessful.  We will send your documents back to you shortly.  You will also receive a letter explaining the reasons behind the decision.

We will get the letter tomorrow, but we are devastated obviously.

We will look at our options tomorrow once the rejection letter arrives.

[Casa]

So sorry to hear that, Post the reason once you have the letter.

[noajthan]

Child will still be British, if you are British other than by descent, wherever she's born.

[abrock]

I have refused your application for a visit visa because I am not satisfied you meet the requirements of paragraph(s) 4.1, 4.2, and 4.9 of Appendix V: Immigration Rules for Visitors because:

• You state that you are unemployed and have no savings properties or assets. You have provided little evidence of your employment, financial, family or other circumstances in the USA or elsewhere outside of the UK.
  
  In addition, you declare that you wish to travel to the UK to visit your husband and receive pre-natal care. I note the documentation provided from your sponsor. However, I must consider the information regarding your sponsor's support of your visit separately in my assessment of your application. To consider whether or not I am satisfied that your intentions are as stated and that you meet the requirements of the Immigration Rules i must assess your own personal and financial circumstances.
  
  I further note the letter provided from and Dedicated Woman's Health Specialist, Inc with regards to your private pre-natal care. You have also provided a letter from NHS - The Royal Wolverhampton Hospital, a public hospital, with regards to the delivery of your child.
  
  Therefore, I am not satisfied of your ties and commitments, or of your motivations for leaving the UK and the end of your visit. I am also not satisfied that you are genuinely seeking entry for a purpose that is permitted by the visitor routes or that you do not intend to access medical treatment other than private medical treatment.

In view of the foregoing, I am not satisfied that you have met the requirements of paragraph 4.1 and 4.2(a)(c) and 4.9 of Appendix V.

[Casa]

So it would seem that the ECO believed that without evidence of strong ties to the US they doubted her return. Unfortunately overstaying is very common, especially with a claim under the right to family life as the parent of a British child born in the UK. Although it should be stressed that 'anchor baby' applications submitted in the UK are regularly refused.
Also the use of a NHS hospital for the birth will flag up the possibility that you haven't arranged to pay private medical fees. Did the hospital give written confirmation of the fees due?

[abrock]

The letter stated the costs for both types of birth, as well as ultrasound and other things. So it was private care, however they seemed to believe that we were lying and were going to use public healthcare.

We have flights booked for the 1st of August. We will be rejected at customs if we were to go and appeal there?

[Casa]

If you mean will you be permitted to enter by the IO at UK Border Control, regrettably no. The refusal will be logged on the UKVI system.

[abrock]

My wife wants to complete a new application.

She wants to provide evidence that she has a place to stay with her mother and will return there in January.

She also wants to provide evidence of previous employment before May of 2015 where she earned approximately $75k.

She hopes this will show her intentions to return.

She also wants to go to an immigration attorney.

I think we are beaten on this though. We will have to wait to apply for the spouse visa next year.

[Casa]

I can understand how you must both feel. However, if your wife is determined to re-apply she will have to submit cogent evidence of home ties, over and above the ties she would have to life with you and your child in the UK.

The ECO won't be interested in past earnings unfortunately. They will want to see ongoing employment with a letter from the employer confirming the position will be held open for when she returns. It doesn't seem that this will be possible. Neither will 'living with her mother' be an indication of 'strong ties' unless it could be proven that the mother was dependent on your wife, which doesn't appear to be the case.

You would still need to address the issue of the private medical care, as the ECO hasn't accepted the evidence you've submitted.

Edit: I would be wary of consulting a US Immigration Attorney as many legal advisors outside of the UK are unaware of the complexities of the Immigration Rules.

[vinny]

She also wants to provide evidence of previous employment before May of 2015 where she earned approximately $75k.

Why did she resign or leave her job? Her intentions to return may have been clearer if she has a good job.

How about you? Her intentions to return could also be linked to your intentions to return to the USA.

[abrock]

She moved to Washington state as she did not want to work in oil and gas anymore. However she had no luck getting supply chain work in Washington.

We are eventually going to apply for a spouse visa in around February or March of 2017. The 6 month visit was for the birth of our child.

At this point in time, we both seem to have accepted that she is not coming to England for the birth. Her apartment lease ends this month, so we will be staying with friends possibly, or apartment hunting immediately. I have the funds to do that immediately, we just have to find a good place and price.

[Casa]

OK, so if you're now resigned to applying for a Spouse settlement visa I would be wise to prepare for this well in advance. As you already know, you as the sponsor will have to show income of £18,600 p.a by submitting 6 months of payslips and corresponding bank statements. The application will fail without this.
Once your baby is born, apply for their British passport as this can take some time.

[abrock]

Today, I have secured a placement at University.

£20,000 salary, and my weekend job is still £5,500.

The good news, obviously, is that if the weekend job becomes too much, I can hand in my notice and still be over the £18,600 threshold.

Is there anything I need to consider at this point in regards to the spouse visa? or do I just need to keep all of my payslips going forward?

My wife is 36 weeks pregnant now and the placement is giving me 2 weeks off to go for the birth (1 paid, 1 unpaid), which is very gracious of them considering I have not accrued enough holiday time.

[Noetic]

No advice but just wanted to say congratulations, that's brilliant news & wishing you three the best

[abrock]

Audrey was born on the 6th, weighing in at 8 lbs 6oz, mother and baby are doing awesome.




We need to get her a British passport soon enough, but we need to look into how to do that.

Thanks again for all of your help, guys.

[vinny]

Congratulations!

See also Birth to five and British Passport.

[CR001]

Congratulations, very pleased for you and beautiful baby

[Casa]

Wow! Hello & welcome Audrey! Congratulations to the three of you....and thanks for sharing.

[abrock]

Hello again!

I've been speaking to a friend of mine who works for a solicitors as a trainee lawyer. From what he has been telling me, I need to register Audrey as a British Citizen by completing the MN1, then once that is complete, apply for a British Passport. Otherwise I would have to be earning £22,400 when applying in March for the spousal visa.

Does this sound about right?

[Obie]

You friend seems wrong. It appears to me that Aubery is a British Citizen under section 2 (1), unless of course you obtained British Citizeship by decent, in which case Aubery will not qualify for MN (1) at this moment.

My preliminary view is that the solicitor friend is wrong.

[abrock]

You friend seems wrong. It appears to me that Aubery is a British Citizen under section 2 (1), unless of course you obtained British Citizeship by decent, in which case Aubery will not qualify for MN (1) at this moment.

My preliminary view is that the solicitor friend is wrong.

My parents and their parents were all British, and I was born here, so I am not British by descent.

I'm a bit confused as to what to do then in order to register Audrey as a British Citizen.