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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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UK Visa question

Customer Question

, I'm a British citizen currently living in Peru with my Peruvian wife, we are planning on moving back to the UK this year after we have sold some assets (we already meet the financial requirements spouse visa but need to wait five months before applying). We have a property in the UK which is currently rented. My wife currently has a 1 year family visas visa which expires in July, she is pregnant and we want to have the child in the UK (privately). The baby is due the start of July. Can we go to the UK and have the baby in a private hospital with this visitors visa? Also would we be able to extend the visa few more months if necessary when we are in the UK? Thank you

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
,

Yes, you may have the baby in the UK on this visa provided that your wife is allowed entry to the UK at the airport/border.

If she is allowed into the UK, she may deliver the baby in the UK and an application may be made to extend her visa on medical or compassionate grounds using form FLR(O).

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Customer: replied 2 years ago.

Thank you reply, could we have problems at the airport if my wife is 7 months pregnant? Is there a way to avoid this? having proof that the medical treatment is being paid.

Expert:  UKSolicitorJA replied 2 years ago.
There is a risk of having problems at the airport as the visitor visa is and not and there is no way around this I am afraid. It is all down to luck. I am aware of many cases where expectant mothers have not had problems at the airport whereas some have been turned away, depending on the discretion of the immigration officer. I assume the ones allowed in did not disclose that they were pregnant and intending to deliver in the UK.

If she is allowed into the country, she is fine to deliver.

Having proof of payment will not help in this case.

All the best
Customer: replied 2 years ago.

Would extending the family visitors visa from inside the UK because she gave birth (or was about to), risk her being accepted spouse visa in the future?

Also is it possible to cancel the family visitors visa, and then apply medical visa to give birth in the UK? Or do you think this could complicate things more!

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
It would complicate things more as a medical visa is and pregnancy is not an illness.

Applying extension from within the UK will not affect her spouse visa application in the future.

All the best

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