Waiting for COA, Expecting a baby, T5 YMS visa runs out Apr

[MandM]

Hello Everyone,

Sorry to read about all the problems everyone is having with the Home Office, immigration is a complicated law.

We are also struggling to get our heads around what we are entitled too, what we have to do, how to go about it etc etc etc

I am 32 and a British citizen, my partner is 29 years old and from Canada. She has been in the UK on a youth mobility scheme visa (we met around a year before she came over here on her visa) that will be running out April 29 2011. We have a steady relationship and recently found out we are expecting a baby on June 16th yayyyy. We are trying to get married but (after 9 weeks waiting) we still havent received our COA from the Home Office. When i phoned them and asked about the case, they told me to phone back if you havent heard anything after 14 weeks. How helpful they are! So are plans are still the same, we want to get married (when the HO decided we are ''allowed'' to marry) and eventually get my partner a marriage visa.
The problem we have is.... My partner is due her baby in June and her visa runs out in April, and it is my understanding that no airline will let you fly that close to your due date! There is so many problems with us trying to get married, have our baby and basically enjoy our lives together so I would appreciate if anyone could shed some light on what options we have......

When we eventually receive the COA, can we change from a tier 5 youth mobility scheme visa to a marriage visa without my partner leaving the country???

If we cant change the visa, is there any entitlement for her to stay here to deliver the baby as I, the father, is a UK citizen???

Can we change her visa to anything else now (we have been together for around 3 years)???

I will be very grateful for any help/information anyone has on this situation and would welcome any stories from couples with similar problems.

Many thanks

Michael & Margaret

[MPH80]

Most Stupid will let you fly well into your 8th month.

From british airways:

you can travel up to the end of the 36th week for single pregnancies

She does need a 'fit to fly' certificate from a midwife after 28 weeks - but she'll easily get one of them if there are no problems with the pregnancy.

So - June to April is 3 months and she'll just be coming into her 3rd trimester at that point - which will place her around 28/29 weeks anyway.

Can we change her visa to anything else now (we have been together for around 3 years)

How long have you physically lived together?

If we cant change the visa, is there any entitlement for her to stay here to deliver the baby as I, the father, is a UK citizen?

If she was physically unable to fly due to medical reasons - she could get a discretionary extension on the visa. But you're going to have to prove it - it's not just a 'well - she's pregnant therefore ...'

I'd suggest this if you want to speed the process up - return to Canada ASAP (both of you), marry there, apply for the spouse visa and return. Providing you meet all the requirements - you'll be back well before May/June.

We are trying to get married but (after 9 weeks waiting) we still havent received our COA from the Home Office.

9 weeks isn't actually a long time in the Home Office world.

M.

[MandM]

Thanks for the reply and information MPH80

The due date is June 15th and her visa runs out on April 29th.

How long have you physically lived together?

We have been living together in the UK since April 29 2009. After we met in June 2008 we stayed together for 1 month during September 2008 when Margaret came back to see me. The I went to Canada and stayed at her house in for 3 months from November 2008. Im not sure if the visits will mean anything to the Home Office though! Does this period of time living together change our circumstances in any way???

I'd suggest this if you want to speed the process up - return to Canada ASAP (both of you), marry there, apply for the spouse visa and return. Providing you meet all the requirements - you'll be back well before May/June.

Thanks for the suggestion but we are not looking to marry in Canada, Im sure they will have similar processes and hurdles that we will have to figure out there too. We are looking to be married in Scotland and no where else. I know the COA has been judged by the courts to be against basic human rights, I just hope they sort it out so we (a genuine couple looking to do the right thing) dont have to worry about being apart during one of the most important periods of our lives. It is beyond me why a citizen of this country doesnt have the right to have his child here because their partner is from another country!!! Madness!!!



My heart goes out to anyone in this situation and I hope the ''process'' changes ASAP!

9 weeks isn't actually a long time in the Home Office world

It might be easier for them to speed up the process if they actually contacted us to find out our circumstances and details of our relationship.

[MPH80]

We have been living together in the UK since April 29 2009. After we met in June 2008 we stayed together for 1 month during September 2008 when Margaret came back to see me. The I went to Canada and stayed at her house in for 3 months from November 2008. Im not sure if the visits will mean anything to the Home Office though! Does this period of time living together change our circumstances in any way???

Shame - If you'd been living together 2 years - an unmarried partner visa might have been a way forward - but you haven't - so you can't.

Thanks for the suggestion but we are not looking to marry in Canada

I really wouldn't be so quick to dismiss it - you don't need to have a big wedding - just a legal one - and there don't appear to be the same hurdles (but do your own research on this one):

http://wedding.theknot.com/wedding-plan ... rview.aspx

I know the COA has been judged by the courts to be against basic human rights

Actually - it was judged to be discriminatory because it affected only non-nationals. If everyone was required to apply - it would be fine.

Having said that - it is being abolished sometime in 'Spring 2011' (http://www.ukba.homeoffice.gov.uk/sitec ... oa-changes)

But - if you aren't willing to go to Canada ... then your option is to wait and be patient for UKBA to come back to you.

M.

[MandM]

Thanks for all your time and information! We are very grateful!

Shame - If you'd been living together 2 years - an unmarried partner visa might have been a way forward - but you haven't - so you can't

When the visa runs out on April 29, it will be exactly ywo years living together in the UK!

When we eventually hear from the Home Office and (fingers crossed) get our COA. Can my partner change from her tier 5 YMS visa to a marriage visa while remaining in the UK????

[ElenaW]

Thanks for all your time and information! We are very grateful!

Shame - If you'd been living together 2 years - an unmarried partner visa might have been a way forward - but you haven't - so you can't

When the visa runs out on April 29, it will be exactly ywo years living together in the UK!

When we eventually hear from the Home Office and (fingers crossed) get our COA. Can my partner change from her tier 5 YMS visa to a marriage visa while remaining in the UK????

Only if you get married and submit the application for flr(m) before her existing visa expires.

[geriatrix]

Switching into another route - Not permitted. Switching into any other Points Based System route or into visitor status is not allowed.

However,

I don't see anything under 245ZI-245ZL to prevent switching under 284.

Assuming switching from Tier 5 (YMC) to spouse / unmarried partner of a British citizen / settler person is allowed under the immigration rules, then:

When we eventually hear from the Home Office and (fingers crossed) get our COA. Can my partner change from her tier 5 YMS visa to a marriage visa while remaining in the UK????

I guess you mean "spouse" visa? Not unless you are legally married before the current leave expires.

If you can provide documentary evidences of cohabitation in the 2 years preceding the application, you may be able to apply for leave to remain as unmarried partner before expiry of current leave (April 2011). If and when CoA is approved, you both may marry in the UK and your partner can thereafter switch to spouse status.

Refer to FRL(M) (Note 8, page 19) or SET(M) (Note 8, page 15) form(s) for examples of documentary evidences to prove cohabitation.


regards

[Charimito]

I went more or less trough the same, the NHS won't say anything about the birth. And to accelerate the process, why don't you ask for your passport? It worked for me.

If in doubt, do contact me