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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am British citizen, my wife came to the UK on a visit visa

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I am British citizen, my wife came to the UK on a visit visa from Bangladesh. We got married in the UK in January 2014 and before her visa expired she applied for a Spouse Visa on February 2014, while still being in the UK. The application was rejected and we were given an appeal date of October 2015. In that period, my wife got pregnant and we tried to put a case forward for her to be allowed to have our baby in the UK during our appeal hearing. Subsequantly, the appeal was rejected and we filed a second appeal. We are currently awaiting decision on that appeal. Our child was born in January 2015 and I wanted to know if my wife has any right to apply for leave to remain due to birth of our child in the UK.

I would suggest that she makes a new application for discretionary leave to remain on the basis of her private and family life.

The application should be made on form FLR(O):

She has no automatic right to remain in the UK, it is a discretionary matter for the Home Office.

Hope this helps
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Customer: replied 3 years ago.

Thank you for your response, it's really helpful. One quick follow up question is if she does decide to go back to Bangladesh with our child and apply for a spouse visa from there, what are the chances that her application for a spouse visa which was made from the UK in February 2014 will count against her? I ask because her original visit visa expired in May 2014 and she remained in the UK while her case was pending.

There will be no negative implications if she goes back home and applies for a spouse visa.

The fact that she overstayed and made an application to remain here will not be held against her but her pending appeal will be treated as withdrawn when she exits the UK.

All the best
Customer: replied 3 years ago.

Thank you very much, your advice has been helpful.