pregnant girlfriends visa due to run out

[jamess31]

Hi guys, need some advice.
i'm british and my girlfriend is mexican, we've been together 18 months, she's currently on a 6 month study visa which is due to end 3rd july, but we have just discovered she is 6 weeks pregnant.
She was originally going to go back to mexico and get apply for another years visa to do a masters but now priorities have changed and were not too sure what to do.
we've discussed her going back to mexico and applying for a fiancee visa, but were concerned as the zika virus is a threat and we dont want her or the baby to fall ill.
Do you think we could possibly extend her visa given the pregnancy and virus ?

We were going to try and get a marriage licence but theres just not enough time to do this .


Has anyone got any ideas of what is best for us to do?
Any advice would be very much appreciated.

[Wanderer]

Hi guys, need some advice.
i'm british and my girlfriend is mexican, we've been together 18 months, she's currently on a 6 month study visa which is due to end 3rd july, but we have just discovered she is 6 weeks pregnant.
She was originally going to go back to mexico and get apply for another years visa to do a masters but now priorities have changed and were not too sure what to do.
we've discussed her going back to mexico and applying for a fiancee visa, but were concerned as the zika virus is a threat and we dont want her or the baby to fall ill.
Do you think we could possibly extend her visa given the pregnancy and virus ?

We were going to try and get a marriage licence but theres just not enough time to do this .


Has anyone got any ideas of what is best for us to do?
Any advice would be very much appreciated.

Nope, even if you did you'd be stung for the cost of the birth.

Best for her to return and do things normally and then there'll be no issues going forward with pointless attempts to stay in UK and the baggage that will follow afterwards....

[Casa]

If your girlfriend is only 6 weeks pregnant, assuming you are able to submit a valid and well documented fiance visa application, this should be processed in Mexico within 12 weeks or so.

[noajthan]

Hi guys, need some advice.
i'm british and my girlfriend is mexican, we've been together 18 months, she's currently on a 6 month study visa which is due to end 3rd july, but we have just discovered she is 6 weeks pregnant.
She was originally going to go back to mexico and get apply for another years visa to do a masters but now priorities have changed and were not too sure what to do.
we've discussed her going back to mexico and applying for a fiancee visa, but were concerned as the zika virus is a threat and we dont want her or the baby to fall ill.
Do you think we could possibly extend her visa given the pregnancy and virus ?

We were going to try and get a marriage licence but theres just not enough time to do this .

Has anyone got any ideas of what is best for us to do?
Any advice would be very much appreciated.

Crosscheck with UKCISA website but study visas tend to get curtailed if study is paused for some reason eg due to pregnancy or etc.

Why do you think no time to register for marriage via UK registrar?
Once done and dusted apply for spouse visa.

If that doesn't grab you (&/or requirements cannot be met) then why go back to Mexico (necessarily)?

Get married (somewhere), and take a sojourn together in Europe and do Surinder Singh.
Gf/wife can study in Europe (eg Netherlands) just as well as in UK.

[physicskate]

Hmmm.

http://www.bbc.co.uk/news/uk-england-le ... e-36551687

Thoughts? Is this because the press got involved?

[jamess31]

HI guys,
i just wanted some advice on what visa my fiance would need to come over from mexico .
She was going to do a fiance visa but cant seem to find it on the gov.uk site. we always end up on a settlement visa.
would settlement visa be the way to go ?
We plan on getting married within 6 months of her being here, i have the interview for notice of marraige arranged for mid september. once married she wants us to settle here on the uk.
We applied for a marriage visa before after being directed to this by the uk office in mexcio, but got refused , we then found out this was the wrong visa to go for as you have to leave once this is over.
were now pulling our hair out as were on a tight time scale as she is pregnant and will not be able to fly from november.
We have all the necessary documents, to go with a visa but we just want to know what visa, can anybody help?
james.

[CR001]

Yes, it is a settlement visa, cost of £1,195, valid for 6 months.

You cannot give notice to marry if she is not in the UK, she has to attend with you to present her passport and visa proof.

[Casa]

I can't log-in to the online application, but you should be choosing settlement-marriage/CP. The visa fee will be £1195 with no NHS surcharge payable at this initial stage. However, your fiancee should ensure she has medical insurance as she won't have free access to the NHS on this category of visa. As the medical insurance is unlikely to cover ante-natal treatment you will have to pay for this privately until she is granted FLR(M).
After the wedding she will have to apply for a 2.5 year spouse visa (from within the UK) on form FLR(M). As your baby is due in November it would be wise to pay the premium visa fee of £1311 and submit the application in person at a Premium Service Centre (PSC), which should be granted on the same say. She will also need to pay the NHS surcharge of £500 online before submitting the application. This will give her full access to NHS facilities. If you apply by post for the lesser fee of £811 this could take 3 months to process.

Edit: Further food for thought. Bear in mind that if you haven't married and been granted FLR(M) before your baby is born in the UK, you will have to pay private medical fees for the birth which could be between £2-3,000.

[jamess31]

thanks for the replys.
also wanted to know will i have to do a 'su07' form ? just a little confused about it,

My plan now.
apply for settlement visa, hopefully it takes less than the 90 days, or the following dates will have to be re arranged
notice of marriage 23rd sept
ceremony 10th december
Our babys due date is jan 9th, she cant fly from november in case she goes into early labour etc.

Apply for 2.5 year spouse visa asap after ceremony.

hopefully this this all goes to plan

Is and appendix 2 relevant to any of this ?

[Casa]

You need to complete Appendix 2, but you don't need to complete the SU07 form.

As I mentioned previously, it would be prudent to apply for FLR(M) in person and pay the premium fee + NHS surcharge of £500 to avoid being presented with a substantial bill for the costs of the birth. You have a very small window to complete this.

[jamess31]

hi again, so were finally going to apply for the visa on monday, weve had to wait nearly 3 weeks for my fiance's english results to come through!

A quick run down of what were doing, please let us know if anything is wrong here

on the visa4uk website we will be apply under the sub categories, settlement-settlement marriage ( it doesn't have fiance visa so i assume this is correct)

we have completed the appendix 2

Do we need to complete a vaf4a ? or is this only for countries that cant apply online ?
We have all the necessary documents( payslips, bank statements, accomoddation proof, relationship proof)

sorry for going on we just want to 100% certain before we apply

thanks for your time

James

[Vamos]

Just wanted to jump into this thread as I'm in a similar situation (a British man wanting to marry his foreign girlfriend).

Has the fiance visa ever actually been called the 'fiance visa'? All searches on the gov.uk website don't have any matches. Nor for its alternative name, the "prospective marriage visa" so it's difficult to research what's relevant.

[vinny]

Yes. It was called a Fiancé(e) visa. Apart from the current financial requirements from 9th July 2012, the linked guidance is still helpful.

[Casa]

Just wanted to jump into this thread as I'm in a similar situation (a British man wanting to marry his foreign girlfriend).

Has the fiance visa ever actually been called the 'fiance visa'? All searches on the gov.uk website don't have any matches. Nor for its alternative name, the "prospective marriage visa" so it's difficult to research what's relevant.

To avoid confusion, you should really post this question in your own thread. However, briefly you should be applying for a settlement visa to join family in the UK VAF4a- Marriage/CP. Visa fee £1195

[Vamos]

To avoid confusion, you should really post this question in your own thread. However, briefly you should be applying for a settlement visa to join family in the UK VAF4a- Marriage/CP. Visa fee £1195

Thanks, those links are very helpful. Searching with "fiancé" or "fiance" both bring 4245 hits so it's a bit of a needle in a haystack.

I will start my own thread if I can't figure it out from their guidance notes.

[jamess31]

Hi again, we just got the visa back and we have been refused.
I'm really confused though. There reasons for refusal are that we haven't provided 6 months worth of payslips and corresponding bank statements and we failed to provide the appendix 2.

Yet i supplied 7 months of payslips and nearly a years worth of bank statements and we also provided the appendix 2 and filled in the parts relevant to us.

Is it possible they've made a massive error ?

I really don't know where to go from here. My fiance has only got a month left before she cant fly as she will be heavily pregnant by then.

any help would be appreciated . thanks

[CR001]

Ask for the ECO to review or apply for an administrative review. If all provided, they have made an error.

[Casa]

The ECO could well have made an error...they're certainly not infallible. Submit an immediate request for an Administration Review.

https://www.gov.uk/ask-for-a-visa-administrative-review

Edit: Beaten by CR001

[Vamos]

Hope this isn't an ominous sign but my girlfriend is on her way to submit her fiance visa this very moment!

We agonised over the appendix 2 as when using the VISA4UK website, nowhere is it mentioned. Instead a brief message about the sponsorship form U07 is flashed up, but their link is broken. Fortunately we downloaded, printed and hand wrote the appendix 2 form.

Was yours sent as a handwritten form? I have wondered if that then gets transferred electronically to your online account. So maybe they just haven't entered it.

You should appeal, James. The office will return your documents so if the appendix 2 is there then I can't see how they're claiming it wasn't given.

[jamess31]

I think i've just been very unlucky.
Yeah i had to do a lot of research about the appendix 2 . Its like they are trying to trip you up whenever they can.
Yes ours was handwritten, and i know that it was filled out correctly.
They also sent all our documents back to us in a mess, everything was unorganised and mixed up.

lll definetely ask for an administrative review, i wont appeal as ive heard this can take a very long time.

Good luck with yours, and don't let my bad experience put a downer on yours.

[jamess31]

Hi again
. it has this on the administrative review page, on the 4th point it says we can only have a review if we dont have a right of appeal against the refusal.
does this mean i cant get an administrative review ? as at the bottom of the refusal it shows that we can appeal if we want.
Or wil it be fine to do the administrative appeal ?



You can only ask for an administrative review if all of the following apply:

you’re outside the UK
you applied outside the UK
your application was refused on or after 6 April 2015
you don’t have a right of appeal against the refusal
you didn’t make an application as a visitor or a short term student

[CR001]

You can apply for admin review.

[Casa]

You can apply for admin review.

Char I'm not sure...due to the sentence that 'all of the following apply', which includes not having the right to appeal.

My other suggestion would be to write to the Entry Clearance Manager and ask for a re-consideration due to an administrative error. Also make clear the urgency.

In the meantime you should also appeal in order not to lose your appeal rights.

[jamess31]

i actually just spoke to someone from home office, i cant do the admin review as that option was not given to me. They said to appeal it, explain the situation , it wont be bought to court as its a mistake on their part and i should have an answer back within 10 days. I will go to speak to an immigration lawyer before hand just to double check everything . its just a shame its a friday, i now have to wait until monday to see the lawyer

[Casa]

Please keep us updated with your progress.