Extending my wife's stay

chuba · Post by **chuba** » Tue Jan 16, 2007 8:27 pm

I am currently employed on SEGS due to expire in may 07, my company is ready to do a work permit for me, but according to new rules that can only be done when the SEGS is about to expire. My wife came on a 6 month visitor visa which will expire in feb 07. How can i extend her stay because she is 3 months pregnant and I dont want her to go back now.
If she goes back now she may not be able to come back until my own work permit be ready and I would like her to deliver here. Can the form FLR(O) be used, I noticed that it includes visitors. Notwithstanding that I have just four months stay left. Please advise urgently.

chuba · Post by **chuba** » Tue Jan 16, 2007 9:34 pm

Has any one had a similar experience or heard of a similar experience????Please any little info will be helpful, pleaseeeeeeeeeeeeeeeeeeeeeeeeeee.

chuba · Post by **chuba** » Tue Jan 16, 2007 9:36 pm

here is a copy of the FLR (O) I came across, for extension of stay as a visitor, I can do with an opinion.
http://www.ind.homeoffice.gov.uk/6353/1 ... r00606.pdf

chuba · Post by **chuba** » Tue Jan 16, 2007 9:46 pm

I just read somewhere that you can only extend your visitor visa if you were given less that six months in the first instance, is this true?

chuba · Post by **chuba** » Tue Jan 16, 2007 10:01 pm

am sh***ing bricks here. taking her back is just something i dont even want to think of,because it will take time before she comes back.

Post by **John** » Tue Jan 16, 2007 10:42 pm

How can i extend her stay because she is 3 months pregnant and I dont want her to go back now.

I would very much doubt it. She has already had a 6-month visitor visa, and in order to get an extension in the UK it would have to be truly exceptional. Being 3 months pregnant is hardly likely to be in that category.

Why did she come here on a visitor visa, rather than as your dependant?

By the way, posting a reminder message after merely 67 minutes is not appreciated. Everyone here posts freely and is not compelled to reply. Seeing that reminder I almost decided to leave my reply until the morning, on principle. Your constant posts could explain why no one else has replied.

chuba · Post by **chuba** » Wed Jan 17, 2007 3:45 am

Thanks John, I was getting desperate there. Her pregnancy is why I dont want her to go back. Am not trying to use it as a reason to extend the visa. Because if she goes back now I dont see how she can come back and deliver here. I know that if she was up to 28 weeks pregnant then at least I know the Stupid may not allow her travel.
I would prefer her to deliver here and witness it. And now I have to travel there myself to witness it and probably wait and come back with her, not an option am happy with.

Post by **John** » Wed Jan 17, 2007 8:48 am

Why did she come here on a visitor visa, rather than as your dependant?

The answer to my question is?

chuba · Post by **chuba** » Wed Jan 17, 2007 1:48 pm

Thats another story. Thats what they gave her and we had to take it. She was refused a visa while I was studying because they claimed I did not have enough funds to support her. She applied like four times, one reason after the other the applications were rejected.
The problem started when I left for studies, half way through my studies I went back and got married. I came back hoping she would join me but she was refused every step of the way, the first time being the officer believed she was not my wife, I used an affidavit, they do not recognise an affidavit. So a marriage certificate was processed and they said lack of funds. So I gave up and I was on my way back when I was offered a job even before graduation I stayed back and did SEGS, got a letter from my employer to the BHC, she again applied for a dependant spouse, but was given a visit VISA for six months. We had to take it after what we have been through.

Post by **John** » Wed Jan 17, 2007 2:11 pm

she again applied for a dependant spouse, but was given a visit VISA for six months.

Don't think for one moment that I am not believing you, but I find that very strange!

Was there are discussion about the sort of visa to be issued, or was it simply the case that a visitor visa was put into the passport, and then you did not complain?

chuba · Post by **chuba** » Wed Jan 17, 2007 2:41 pm

Well, everything is strange about the visa application. I am positive that she applied to come as a dependant. But how do you protest such.
All my mates that I came to study with were able to bring their wives, about five of us. I was the only one that faced this problem. The only difference in our applications was in our initial application for student visa, i was the only one that was not married at the time. So i am just guessing that as the reason, because the entry clearance officer said they do not recognise affidavits and will recognise only a marriage certificate when the application was first rejected. By the time we presented the second application with a certificate, the doubt has already been entrenched in their minds. The mistake I made then was I did not appeal the decision, instead she re applied with the document they requested.

chuba · Post by **chuba** » Wed Jan 17, 2007 8:17 pm

John, this one is for you pleaseeeeeeeeeeeee.
Please what do you advise I do when she goes back. Does she apply for a dependant visa (my SEGS will expire in four months) or a visitors visa? The reason is she could be rejected for the dependants visa based on my remaining stay and that means she has to wait for at least another 5 months before applying after I get my WP. If she applies for visitor however there is a good chance she will be given 2 yrs multiple entry almost immediately. And then I can arrange for that to be changed later even if it means sending her back home to re apply. Is their any letter that my employers can give to support her application. I have an overdraft with my bank and my account igoes into debit towards the end of the month most of the time in the last three months, how will that affect the application, should i include my payslips in addition?

Post by **John** » Wed Jan 17, 2007 8:38 pm

The past :-

instead she re applied with the document they requested

So she actually ended up applying for a visitor visa, which was granted?

The present .... I can see that it is tempting to apply for a visitor visa ... but I think there are two reasons why not. Firstly each visit must not exceed 6 months, and secondly as a visitor she would not have free use of the NHS. Do you know how expensive it would be to have the baby delivered privately in the UK?

So what to apply for now? Given just 4 months left on the SEGS, I would like others to post their opinions about that ... what to apply for? Anyone any thoughts what to suggest?

chuba · Post by **chuba** » Wed Jan 17, 2007 8:49 pm

Hmmm.
So the best is for her to stay at home till she delivers. I should be able to sort her delivery here, that will put me back a yr or two. I was just wondering about her coming with a child might be more difficult. As difficult as it is I have to tell her to go home and stay put till I sort my WP, then I will come down. Thanks a lot.

Post by **John** » Wed Jan 17, 2007 8:58 pm

Chuba, can you answer :-

So she actually ended up applying for a visitor visa, which was granted?

I am still wondering if she applied for one type of visa and was instead issue with something totally different ... a visitor visa? Or alternatively, did she end up actually applying for a visitor visa?

In other words I wonder whether some terrible mistake was made at the BHC, which is might be possible to rectify in the UK.

chuba · Post by **chuba** » Wed Jan 17, 2007 9:14 pm

Thats another angle I did not think of. I am very sure she applied for a dependants visa. I just went over it with her. I think giving her a visit visa was intentionally done, though I dont know why. Will the HO listen to me? I mean about rectifying it. Is there a way?

Post by **John** » Wed Jan 17, 2007 9:23 pm

Anyone else any thoughts on that? If the application was for a dependant's visa and a visitor visa was granted, the question is, is it possible to get that rectified in the UK ... by now applying for an extension in the UK?

Chuba, just to make absolutely sure what type of visa your wife has, and certainly don't quote her name or any other identifying details, what is actually printed on the visa? Can you post that detail please.

chuba · Post by **chuba** » Wed Jan 17, 2007 9:50 pm

John,
My apologies, it seems we are the architects of our problems, the visa the she applied for was family visit. I verified from the receipt, luckily it is still in the passport. Thanks for all the help. What is on the passport is C- VISIT, she made a mistake I suppose. I remember wondering why she was given a visit visa.

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Extending my wife's stay

Extending my wife's stay