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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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Good morning, I'm a British born citizen currently in the

Resolved Question:

Good morning,
I'm a British born citizen currently in the UK with my wife since the start of April. My wife has a family visitors visa for a year which allows her to stay in the country for 6 months (she has currently visited the UK twice totaling 4 months), her visa expires on the 16th of this month.
My wife had a baby by c-section in the UK that was born on the 1/7/15, all medical treatment was paid for privately. The problem we now have is that to register the baby we have to wait until the 20/7/15 and after that apply for her passport which can take a few weeks, therefore my wife needs to stay longer. We are thinking of going to a premium visa appointment next week to extend the visa using the form FLR(0) and stating that the reason my wife needs to stay is because we are waiting for the appointment at the registry office (and mother shouldn't be separated from her baby), is this a good strategy or is there anything else we need to do?
How much extra time could they allow her to stay in the UK?
If the application was turned down could we appeal against the decision immediately?
Thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

This is not a straightforward case and the application should be made by post and not via the premium service.

The FLR(O) form should be sent off by post together with supoorting documents and reasons why your wife needs to stay for longer.

Hope this helps
Customer: replied 2 years ago.

The problem is that we need my wife's passport for registering the baby on the 20th of July, therefore we can not send the passport by post as this service can take up to 8 weeks, also we ideally want to leave the UK on the 12th of August for business reasons.

If my wife was turned down with the premium service, can she appeal and stay in the UK? Could we use another reason such as medical reasons for my wife as she had an operation?

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
Okay noted. The Premium service will advise you that they cannot work on the application the same day and that you will hear from them by post.

All valid reasons should be included e.g. medical, child registration etc.

All the best
Customer: replied 2 years ago.

Do you know if they will give her passport back the same day, or will we have to wait while the visa is being processed?

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
You can ask for the passport to be returned, they can take a copy of it, but it is their discretion.
All the best, ***** ***** feedback
Customer: replied 2 years ago.

If we used use a letter from her private doctor that confirms my wife has paid for all treatment privately and she will be attending a checkup for mother and baby in 6 weeks times (the end of her treatment) with the return flight ticket two days after, could she use this to extend the visa on medical grounds?

Thank you

Expert:  UKSolicitorJA replied 2 years ago.
Yes, she may use all this evidence to support her application for further leave to remain on compassionate grounds.
All the best
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