Effect of pregnancy on spouse visa

[bobgz]

My world was turned upside down this week when I found out my partner is 10 weeks pregnant. She is Filipino, Im British and we live in China. We were already planning to get married but this has brought those plans much further forward. Ideally we want to have the baby in the UK but this represents big challenges.

We can move into my parents house in the UK, its big enough and theyre willing, they can also offer third party maintenance though they don't have huge means as they are retired.

We have about £15-25k tied up in equity in a property, Im not sure how quickly this can be sold and turned into cash but the potential is there for a lump sum.

She is a registered nurse in the Philippines and US and can practice in the UK (after some formalities), we were originally planning to move to the UK with her on an employer sponsored visa, the NHS recruiter had already placed her with a position. The paperwork for completing the UK nursing registration may take a few more months though, we think getting married and moving back will be quicker (ie before she can no longer fly).

My main concerns is that I dont have a job in the UK, though I think I could find one quickly. Also its going to take us between a month and 2 months to get married in Hong Kong or Manila. I am worried the UKBA will refuse us on the grounds of funds. Also if we made the application should we tell them we are expecting a child? I checked the immigration rules and it says that recourse to public funds does not include benefits relating to a British child if the father is a British citizen but they may judge our funds as being inadequate to support the family unit.

Please I hope someone can provide me with some better insight or advice, I am overjoyed at the news I am going to be a father but I really want my child to be born in the UK.

[Lucapooka]

Also if we made the application should we tell them we are expecting a child?

It's not relevant. Nowhere in the application will the pregnancy be discussed. Even if you did mention it in the additional information (although I wonder why anyone might want to do this when it's not asked for), it has no bearing on the outcome of the application

[bobgz]

Thanks for that answer, its what I thought. Though I was wondering if it would add a human rights dimension to the application, as the child and father both have right of abode in the UK, the effect of a denial would be to break up the family. Does it work like that?

[Lucapooka]

Yes and no. It's based on proportionality. You are not even living in the UK and seem to be relocating there by choice.

[bobgz]

Hmm I guess it can be seen like that.

Anyway funds is my only worry, working on the basis of the requirement being for £111.45 per week and the fact the marriage visa is a 2 year visa would having more than £11.5k in the bank and a place to live for free be enough to satisfy the ECM? We can turn assets into cash and present a lump sum, even though we dont actually plan to just stay in the UK and not work anyway, it would show a worst case scenario that we can sustain ourselves from our savings for 2 years if need be.

The obvious solution is for me to go back on my own first, take up a job, then sponsor the spouse visa. I would really rather not do this as it would split us up for months.

[Lucapooka]

Hmm I guess it can be seen like that.

Anyway funds is my only worry, working on the basis of the requirement being for £111.45 per week and the fact the marriage visa is a 2 year visa would having more than £11.5k in the bank and a place to live for free be enough to satisfy the ECM? We can turn assets into cash and present a lump sum, even though we dont actually plan to just stay in the UK and not work anyway, it would show a worst case scenario that we can sustain ourselves from our savings for 2 years if need be.

The obvious solution is for me to go back on my own first, take up a job, then sponsor the spouse visa. I would really rather not do this as it would split us up for months.

If they want to see support for the full 27 months of the visa, the necessary sum for an adult couple (the unborn child won't be considered at the time of the application) is 13040. They may not ask for all of this, but that is at their discretion.

[bobgz]

That figure is do-able, the figure with the child maybe more difficult. Its a relief to know they will accept savings in place of income thanks. We are both highly employable too so I hope they will recognise that. I think we may need to do this very very quickly as the figure for support for 27 months after the baby is with us is more difficult.

[Lucapooka]

The child won't feature in the maths as it will not exist at the time of the application. The ECO can't justify including maintenance for something that may not ever be born. You might have a child or you may lose your job, or you may lose your accommodation during the 27 months of the visa's life, but only the situation at the time of the application is considered.

[bobgz]

The situation at the time, thanks. This is really good, better than what I read on any websites thank you.

Time is against me it seems, to get this all done before she is unable to fly. I wish we could get married tomorrow but in Hong Kong it takes up to 3 months and Manila even longer.

[Lucapooka]

Airline cut-off periods vary but it's up to 36 weeks of gestation. After 28 weeks a letter is often required from a doctor. After 36 weeks it's not possible to fly.

Have you considered a fiancee visa or unmarried partner?

[Casa]

Also bear in mind that your parents have offered accommodation and financial support. Even if you just take the offer of a place to live (assuming this will be rent-free) the financial aspect of your application will improve.
Under current regulations you only need £105.95 remaining weekly as a couple after rent, council tax and any loan repayments have been paid. You don't need to include other living expenses in the calculation.

[bobgz]

Are fiancée and marriage visas treated much differently? As in will there be circumstances where a fiancée visa would be refused but a marriage visa accepted.

[Lucapooka]

You won't have to wait 2 months to get married with a fiancee visa. You will, however, need the same evidence as the spouse visa with the added dimension of proof of the intention to marry. Also, the maintenance period will be the initial 6 months and then 27 months, so much longer.

Also its going to take us between a month and 2 months to get married in Hong Kong or Manila.

[bobgz]

OK, its going to take about the same time to sell the property to get the money to meet the maintenance requirement. Can be done by week 22 of the pregnancy I think so there is time I think.

Is it a bad thing to apply for a tourist visa, give birth and then return for a spouse visa before the end of the 6 months?

[Casa]

If you mean could your wife give birth in the UK on a visitor visa, it would be a very bad idea. Your wife wouldn't be entitled to NHS facilities for the birth and would be unable to apply for a spouse visa until any outstanding debt for medical treatment was repaid...and this could be substantial, wiping out a fair proportion of your savings. Unauthorised use of NHS treatment is now a reason for refusal of future visas.