Pregnant on a Visit Visa

[ssanjuan]

I met my boyfriend in Dubai and I got pregnant. It is against Dubai Law to get pregnant outside marriage and I will end up in jail if got caught.

Now I am here in UK on a visit visa, 26 weeks pregnant and my Visa is about to expire 1st week of May.

I applied online for my visit visa so we don't have any idea that I cannot apply for any other visa like fiance visa whilst in UK, which I only find out after visiting the Law Centre for advice.

I am due on 2nd of June and stuck at the moment. I am worried because I do not want to jeopardize the chance of bringing my 4 year old daughter here who is currently in the Philippines.

I will appreciate any advice from anyone.

[raynaputi]

The only thing I can advise you is to go back to the Philippines before your visa expires. That's the only legal thing you can do. You also can't get married in the UK while on a visit visa. Then, once you are back in the Philippines, apply a settlement visa (fiancee visa or spouse visa if you and your bf will get married in the Philippines) to stay here in the UK.

[ssanjuan]

Hi Joe.

the law centre told us to leave the country before the visit visa expires and i cannot switch to any visa.

[joebloggs]

So what did the Law Centre tell you to do ?

How long did you state you were going to stay in the UK on your visit visa application ?

You know you're 26wks pregnant and the cut off for flying while pregnant is btw 32-36wks for most airlines, so you need to seek professional advice asap.

[ssanjuan]

We actually plan than one, however my pregnancy is really bad with altitude as I have shortness of breathing. Aside from that they want me to deliver the baby here and not in the Philippines.

[marksroomspain]

We actually plan than one, however my pregnancy is really bad with altitude as I have shortness of breathing. Aside from that they want me to deliver the baby here and not in the Philippines.

Please dont underestimate how serious it is to overstay on your visitors visa.

Take the advice of the Law Centre and return home before it expires as its not possible to switch from visitor to fiancee visa here in the UK.

Also, to add to what Joe said, is that if you do overstay your visa it could seriously jeopardise any future applications for settlement and incur a 10 year ban from entering the UK.

Just to confirm that one airline Ethiad does carry pregnant women up to the end of the 36th week of pregnancy but only with medical clearance and with a single uncomplicated pregnancy.

I don't mean to frighten you Ssanjuan, but this is the situation and further legal advice is what I think you should seek. Overall, I am just saying what I know from knowledge.

Any further questions - feel free to ask, and good luck...

[joebloggs]

You know if you leave it too late to fly back and the baby is born here, you will probably have to pay the NHS fees, if you have a caesarian the cost of that could be a lot of money .

Remember on your visit visa application form, the questions about medical treatment, if you've not paid that could have a negative effect on getting a future visa until the money is paid..


If you wanted the baby born here you should have applied for the correct visa, either a medical visit visa or a fiancée visa.

If the father is British the child will be British, you should google 'Zambrano' and best interests of the children, thou I'm not sure you qualify

But get professional advice

[ssanjuan]

If the father is British the child will be British, you should google 'Zambrano' and best interests of the children, thou I'm not sure you qualify

but get professional advice

Thanks Joe, I am now googling about Zambrano though will definitely seek for legal advice...

Can't sleep now.

[grahamw48]

You need to book a flight back to the Phils as soon as possible.
This won't alter the fact that the baby will be British (once registered), but it will save you from one hell of a black hole of problems in the future.

Once back in the Phils, you may apply for a settlement visa, as previously pointed out.

DON'T take the advice of so-called immigration specialists here in the UK, or give them any money.

The rules are quite clear, and (unlike in the Philippines) there is no buying your way out of the situation.

Good luck.

[ssanjuan]

Thank you everyone for your advice and hopefully I'll be able to sort things out quickly.

The fact is, I only made my visa application online, and wanting to leave Dubai asap, I wasn't able to get any advice.

[tiger31]

My question is what will happen if doctors decide she can,t fly and has to have the baby here? This will put her into a whole new scenario because then the baby cannot be deported and no judge will be allowed to separate mother and baby. So the best solution hopefully will be to go back to Philippines if fit then apply for settlement visa bearing in mind this will also be expensive. This is going to be one very expensive babba that,s for sure.

[joebloggs]

My question is what will happen if doctors decide she can,t fly and has to have the baby here? This will put her into a whole new scenario because then the baby cannot be deported and no judge will be allowed to separate mother and baby. So the best solution hopefully will be to go back to Philippines if fit then apply for settlement visa bearing in mind this will also be expensive. This is going to be one very expensive babba that,s for sure.

'Zambrano', I know it can be used by people outside the UK, but I can't remember if it can be used by someone already in the UK

Sure she could try and hang on and try and stay because of best interest of the child, but it might not be the best way, that's why i said seek legal advice

Also the NHS might want the cost back and that could be expensive, also maybe problems with UKBA, I presume she didn't tell them in the additional info she was pregnant


Also the Law Centre has told her to go back, and that's probably the best advice if she wants it to be easy

[Terpe]

.....also the law centre has told her to go back, and thats probably the best advice if she wants it to be easy

I'd have to agree, that's the best option.

The mind boggles with this situation. If the mum-to be-is told not to fly for medical reasons--and the baby is born here--what happens next?

Having the baby born here would present a number of serious immigration issues.
I'm not suggesting that extensive legal arguments could not be used to allow her to remain.....but the outcome would not result in any stable residence or settlement. Most likely some form of discretionary leave that could continue for say 10 years under constraints. I can't see any time when full ILR would be granted.

It's out of my experience so can't give any meaningful advice other than go home for the birth.

If it's medically dangerous to fly back to Philippines for the birth a certificate needs to be secured soonest and legal advice sought.

[Jentobeharrison]

If she will be prohibited to ride a plane going back to Philippines, is there any country where she can just deliver the baby? I mean, countries where she doesn't need to ride a plane. She has lots of time to apply for visa to other countries though?

[Terpe]

The Zambrano case could only be applied if the dependent child's only carer had no right to remain in the UK.
Since the husband is here and presumably with access to work and/or benefits then it's not a route that can be taken.
Technically 'Zambrano' can only come into play when the primary carer leaving UK would force the dependent British citizen (child) to also leave.

[tiger31]

The Zambrano case could only be applied if the dependent child's only carer had no right to remain in the UK.
Since the husband is here and presumably with access to work and/or benefits then it's not a route that can be taken.
Technically 'Zambrano' can only come into play when the primary carer leaving UK would force the dependent British citizen (child) to also leave.

Well the easy way round that is to say she and the baby,s father are no longer together so that route is,nt really airtight so having the baby here is an advantage if you ask me. The alternative is going to be go back and go through the process meaning a long time apart and lots of money to get back in, and I know the more they are loved up, the harder it will be to send her home.

[Terpe]

....Well the easy way round that is to say she and the baby,s father are no longer together so that route is,nt really airtight so having the baby here is an advantage if you ask me...

The regulation isn't that basic in detail and most of the potential 'loopholes' would be covered otherwise 000's would be following.

Just my simplistic explanation

[bigmac]

The mind boggles with this situation. If the mum-to be-is told not to fly for medical reasons--and the baby is born here--what happens next?

Also--we aren't getting any input from the daddy--what's his viewpoint?

[ssanjuan]

The baby's daddy and his family doesn't want me to leave the country and want to have the baby here and have bought stuff for the baby. They told me to just leave it at the moment and we'll sort it out once the baby's here.

Im spending time reading UKBA website and I know my only option is to go back home.

I dont know how to tell them. I'm scared and I know it would be hard for them to put themselves on my shoe. But I also dont want to put myself in these situation cause in the end I am only jeopardizing myself alone.

Staying here illegally and be banned 10 years to apply for any other visa plus being receiving care from NHS then later on receive a massive bills for everything.

I just dont know what to do and how to tell them.

[rani]

I'm afraid that you really have to talk to them asap. If you don't, you're the one who loses in the end

[grahamw48]

With all due respect, the 'daddy's' family are being naive and selfish.

You need to book a flight back to the Phils ASAP !

[Terpe]

....You need to book a flight back to the Phils ASAP !

Yes agreed.

Don't ever think that UKBA are a compassionate and caring organisation.......they are not.
Many families get split up regularly.

The future for you is not at all secure if you remain her as an illegal.
Don't jeopardise future settlement family life.....follow the laws.

[ssanjuan]

With all due respect, the 'daddy's' family are being naive and selfish.

You need to book a flight back to the Phils ASAP !

They are not being selfish, they always asked me what I want to do and and will always respect my decision. But it's really hard for me to decide because it is not easy being pregnant - especially being away from someone you expect to be with you in the birthing room.

And I understand that going back home is the only option I've got.

[tiger31]

Its ok for all us chaps to give advice to go home, but if you were the father to be i,m sure you would take a rather different view as he is possibly not going to see his child or g,f for a long time. If it was me i,d fight tooth and nail to stay in the country and fight the system as we all agree when it comes to partners from outside the e.u they are treated badly compared to e,u countries who can come and go and have babies at no cost having paid no contribution whatsoever.

[raynaputi]

Its ok for all us chaps to give advice to go home, but if you were the father to be i,m sure you would take a rather different view as he is possibly not going to see his child or g,f for a long time. If it was me i,d fight tooth and nail to stay in the country and fight the system as we all agree when it comes to partners from outside the e.u they are treated badly compared to e,u countries who can come and go and have babies at no cost having paid no contribution whatsoever.

This forum will never advice to do stuff illegally. She must do the legal way to not get any further headache from this country's government. It'll do her good if she do it the proper & legal way.

[tiger31]

This forum will never advice to do stuff illegally. She must do the legal way to not get any further headache from this country's government. It'll do her good if she do it the proper & legal way.

If the doctor decides she,s not fit to fly then the law would be on her side, so from my point of view I hope that this will be the case and they get to live a happy life together right, we all make mistakes in our lives. And on the other side of the fence mr choudry our islamic buddy who continues to spout his hatred and venom about killing non believers and wanting sharia law is allowed to stay in this country

[raynaputi]

if the doctor decides shes not fit to fly then the law would be on her side ,so from my point of view I hope that this will be the case and they get to live a happy life together right ,we all make mistakes in our lives .And on the other side of the fence mr choudry our islamic buddy who continues to spout his hatred and venom about killing non believers and wanting sharia law is allowed to stay in this country

The forum still stands to advice people on doing things the legal way. The forum is not here to do the opposite.

[ssanjuan]

Everyone's view was great and I am taking everything into consideration.

Its ok for all us chaps to give advice to go home ,but if you were the father to be i,m sure you would take a rather different view as he is possibly not going to see his child or g,f for a long time .If it was me i,d fight tooth and nail to stay in the country and fight the system as we all agree when it comes to partners from outside the e.u they are treated badly compared to e,u countries who can come and go and have babies at no cost having paid no contribution what so ever .

That's right tiger it is really hard for us specially for him to understand everything 'cause my boyfriend is in his early 20 and don't wanna be bothered by the immigration rules and regulations you guys have here.

There's a chance of a long time apart for us if I go back home 'cause he doesn't meet the financial requirement for me to apply a fiance visa. He jut recently started working and the required amount is way too high.

I am very glad though with the support we're getting from his parent. I am well loved and so grateful to be with the family where I was treated as their own.

[tiger31]

Everyone's view was great and I am taking everything into consideration.

That's right tiger it is really hard for us specially for him to understand everything 'cause my boyfriend is on his early 20 and don't wanna be bother by the immigration rules and regulations you guys have here.

There's a chance of a long time apart for us if I go back home 'cause he doesn't meet the financial requirement for me to apply a fiance visa. He jut recently started working and the required amount I way too high.

I am very glad though with the support we're getting from his parent. I am well loved and so grateful to be with the family where I was treated as their own.

Well, he will have to confront Immigration Rules at some point That,s why you must seek an expert immigration lawyer to look at all the avenues. They may find a loophole in the law, it,s not about advising to break the laws it,s about finding a legal loophole if there is one that,s all i,m going to say. It,s even more desperate situation now that you mentioned finances won,t qualify you. Maybe your boyfriend,s family will help you financially to pay for a lawyer because it sounds like they don,t want you to leave, so ask them for help.

[ssanjuan]

Well, he will have to confront Immigration Rules at some point. That,s why you must seek an expert immigration lawyer to look at all the avenues. They may find a loophole in the law its not about advising to break the laws its about finding a legal loophole if there is one that,s all I,m going to say. It,s even more desperate situation now that you mentioned finances won,t qualify you. Maybe your boyfriend,s family will help you financially to pay for a lawyer because it sounds like they don,t want you to leave, so ask them for help.

My boyfriend's mum sent an email to an MP to seek help and we have been given a contact for an immigration solicitor. But we haven't taken that action yet, and now I know we have to get it touch with the solicitor soon.