my wife's appeal allowed to limited extent

[bappenadim]

Hi,let me describe you the fact first.i am here as a student since 2009 and my wife came here as general visitor in june,2013. Her visa supposed to expire end of december,2013. All in a sudden my cousin was murdered at back home and my wife got pregnant and her due date is on 29/07/2014.At that time i can not send her back as a matter of that i applied for her extension through FLRO (EXCEPTIONAL CIRCUMSTANCES) to extend another 9 months.But they (HO) refused her application on 20th january ,2014 and gave her appeal right to appeal against the decisions.i appealed for her to first tier tribunal on 1st of february and paid the fee.Tribunal asked me to submit some more documents if i want by 27th of april.But i did not.
Now tribunal sent me the decision on 2nd of may,the decision is
The appeal is allowed to the limited extent , the ukba 's decisions dated on 20th jan 2014 being not in accordance with the law, this matter remains outstanding before the secretery of state awaiting a lawful decision.
After getting the decision i got her appeal fee refunded from ukba on 21st of May then i did not hear from them at all.
Now my question is what is gonna happen to the decision and along with her pregnancy? as i mentioned earlier her due date is on 29/07/14 and which is near to that.
i am really looking forward to getting your quick response.thanks guys

[MPH80]

They'll reconsider the decision and depending on the facts may approve or decline the application.

Given your wife is so close to the due date - you should be discussing the payment of the maternity costs with the hospital regardless. Any outstanding NHS debts after the birth would rule out future visas.

[bappenadim]

thanks for your instant reply..do i still need to pay while she is registered with the GP?

[MPH80]

Just because she's registered with a GP doesn't mean she's not liable for payment.

You should discuss the matter with the hospital administrators.

Your wife is currently a visitor with extended leave - she is not entitled to free maternity care.

[bappenadim]

just few more questions please,
how long its gonna be to ge the decision from HO?
and if her visa refused can she still get the service from nhs? or does she need to go for the private medical?
thanks and wish you be happy.

[MPH80]

On the decision from the Home office - how long is a piece of string? You should expect weeks more at least.

On the NHS side of things - the NHS will not refuse her treatment - maternity it considered a 'necessary' procedure from that respect - but they will put a debt in her name if they realise they should. You are likely to incur costs either way.

Please keep in mind - and I'll keep repeating this - if there is an outstanding NHS debt of more than 2k - all future visas for her will be refused. Please consider this when making your choices.

[bappenadim]

thanks bro,thanks a ton for you advice..

[bappenadim]

this sunday its gonna be 8 weeks after allowing the appeal to limited extent,still decision is pending and my wife is now 35 weeks 2 days pregnant.
my enquery is about if her visa is finally refused by HO now,
1)does she require to leave the uk in this circumstances?
2)what could be done if they send a refusal and removal letter now?
3)if she can not go back what could be my son's visa status?
please let me know..thanks guys.

[bappenadim]

could anyone please let me help regarding my question?

[Obie]

If he visa is refused again, there will be a further right of appeal which she can exercise within the UK. Only if that is refused, will she be expected to leave.

[Petaltop]

Given your wife is so close to the due date - you should be discussing the payment of the maternity costs with the hospital regardless. Any outstanding NHS debts after the birth would rule out future visas.

Please keep in mind - and I'll keep repeating this - if there is an outstanding NHS debt of more than 2k - all
future visas for her will be refused. Please consider this when making your choices.

It's an NHS debt of 1k or more, not 2k. A basic birth plus pre and post care, will cost about 3k. If there are complications or the baby needs to go in a specail unit, then your bill will run into thousands bappenadim. Your wife is an illegal and illegals and visitors, have to pay for the NHS or it can affect their future visas.

[Obie]

Why do you say the OP's wife is an illegal.

Do you know the meaning of illegal?

OP's wife entered the UK legally. Made an application at a time when she had a valid leave. That application was refused. she went for an appeal and won. Still awaiting UKBA to give effect to that decision.

That does not seem like illegal to me.

[bappenadim]

Hmm that's true as she didn't break the rules or entered illegally . If Ho keep her decision pending until give birth then what's gonna be my son's status.

[Petaltop]

OP's wife entered the UK legally. Made an application at a time when she had a valid leave. That application was refused. she went for an appeal and won. Still awaiting UKBA to give effect to that decision.

That doesn't alter the fact that she in not allowed to use the NHS for free. Vistor to see her international student husband + getting pregnant + trying to stay on the UK, doesn't = free NHS.

[Frontier Mole]

The status of the child when born will follow that of the parents. If the father can not sponsor a dependent due to his tier 4 status then that will apply to the child also. If the mother has a pending decision then once the child is born the child can be included as her dependent on the current application.

The NHS side of things will come into play in any future consideration post the birth of the child. Assuming the HO is aware of the pregnancy at this stage & depending on the proactiveness of the caseworker they may contact the NHS to establish the birthing costs and payment.

What was the reason for the allowing of the appeal to a limited extent? That may give a better clue as to the likely decision-making going forward.

[dalebutt]

OP's wife entered the UK legally. Made an application at a time when she had a valid leave. That application was refused. she went for an appeal and won. Still awaiting UKBA to give effect to that decision.

That doesn't alter the fact that she in not allowed to use the NHS for free. Vistor to see her international student husband + getting pregnant + trying to stay on the UK, doesn't = free NHS.

Next time, before you jump onto someone's post, make sure you have understood what the poster was implying, Obie didn't say she was entitled to use the NHS, read very well, he was against the term "Illegal", I myself was about to comment on the post, a Guru like MPH80 to use the term "Illegal" to describe someone's spouse's status on the board is demeaning, there are other appropriate terms that could have been used, despite the fact that OP's wife isn't actually "Illegal" as has been found by Obie.

[Petaltop]

OP's wife entered the UK legally. Made an application at a time when she had a valid leave. That application was refused. she went for an appeal and won. Still awaiting UKBA to give effect to that decision.

That doesn't alter the fact that she in not allowed to use the NHS for free. Vistor to see her international student husband + getting pregnant + trying to stay on the UK, doesn't = free NHS.

Next time, before you jump onto someone's post, make sure you have understood what the poster was implying, Obie didn't say she was entitled to use the NHS, read very well, he was against the term "Illegal", I myself was about to comment on the post, a Guru like MPH80 to use the term "Illegal" to describe someone's spouse's status on the board is demeaning, there are other appropriate terms that could have been used, despite the fact that OP's wife isn't actually "Illegal" as has been found by Obie.

"Next time" you need to read what bappenadim and his wife are trying to do. She has to pay her NHS bill for her birth and not paying bill that will affect any visa. If they gave her pregnancy as one of the reasons to stay in the UK, then UKVI will know that she has an NHS bill of over 1k to pay.

I would have thought a french citizen like yourself, living in the UK and who knows a lot of about UK benefits and what you can get from the UK for free, would have known that.

[dalebutt]

Yet you failed to understand even more, it is the term "Illegal" I was referring to and as well as Obie, you seem to be over the moon passing comment without clear understanding of the debate, the term "ILLEGAL" is what's been condemned here not your rant about who can and cannot use the NHS.

[Petaltop]

Yet you failed to understand even more, it is the term "Illegal" I was referring to and as well as Obie, you seem to be over the moon passing comment without clear understanding of the debate, the term "ILLEGAL" is what's been condemned here not your rant about who can and cannot use the NHS.

The stress is getting to you. You're not so happy now it looks like the UK may leave the EU and that hop across the English channel for a life on UK benefits, might be ending. Like I said to you before, don't think we will make up the UK's lost money. We'll expect you French to start keeping your own country.

You have to be legally in the UK/ordinary resident/have permission to be in the UK on a visa of over 6 months, to use the NHS for free. bappenadim's wife is none of these things. I quoted the piece about unpaid NHS bills affecting future visas and replied accordingly, with respect to legal status and using the NHS.

Non-UK residents will also be charged for hospital treatments. If you are an overseas visitor to the UK you may be charged for some treatments and, depending on how urgent it is, you will usually have to pay in advance.

Hospital treatment is free to 'ordinary residents' of the UK. But if you are visiting the UK – to stay with family, on business, as a tourist, or if you are living here without proper permission – then you are likely to be charged by an NHS hospital for the treatment you receive. Not paying this charge may have an effect on any future immigration application you make and you risk being turned down.
http://www.nhs.uk/NHSEngland/AboutNHSse ... vices.aspx

[Wanderer]

Yet you failed to understand even more, it is the term "Illegal" I was referring to and as well as Obie, you seem to be over the moon passing comment without clear understanding of the debate, the term "ILLEGAL" is what's been condemned here not your rant about who can and cannot use the NHS.

The stress is getting to you. You're not so happy now it looks like the UK may leave the EU and that hop across the English channel for a life on UK benefits, might be ending.

You have to be legally in the UK/ordinary resident/have permission to be in the UK on a visa of over 6 months, to use the NHS for free. bappenadim's wife is none of these things. I quoted the piece about unpaid NHS bills affecting future visas and replied accordingly, with respect to legal status and using the NHS.

Hospital treatment is free to 'ordinary residents' of the UK. But if you are visiting the UK – to stay with family, on business, as a tourist, or if you are living here without proper permission – then you are likely to be charged by an NHS hospital for the treatment you receive. Not paying this charge may have an effect on any future immigration application you make and you risk being turned down.

http://www.nhs.uk/NHSEngland/AboutNHSse ... vices.aspx

You did say....

Do you know the meaning of illegal?

OP's wife entered the UK legally.

A statement which isn't true and you are choosing to not to retract by basically ignoring others' assertions to the contrary.

[Petaltop]

You did say....

Do you know the meaning of illegal?

OP's wife entered the UK legally.

A statement which isn't true and you are choosing to not to retract by basically ignoring others' assertions to the contrary.

I didn't say that.

[Obie]

OP's wife entered the UK legally. Made an application at a time when she had a valid leave. That application was refused. she went for an appeal and won. Still awaiting UKBA to give effect to that decision.

That doesn't alter the fact that she in not allowed to use the NHS for free. Vistor to see her international student husband + getting pregnant + trying to stay on the UK, doesn't = free NHS.

That was not the question I put to you.


I asked you how do you define illegal.

I take your response to be a concession.

[Obie]

Please dont insult other posters.

It is one thing saying someone is not entitled to a particular service and another to say they are illegal.

I was challenging the illegal aspect, because in law you are clearly wrong to use that, except you have something else in mind.

It was wholly unnessary and insulting to challenge the other posters challanging your baseless and groundless assertion.
No reason for insulting the posting , going into his nationality and the European Union.

What makes you form the view that the OP will lose out if UK pull out. He may already have PR, British Citizenship. In any event there is no evidence that he stand to lose more than the UK and its citizens in the event of a withdrawal.

[Usha]

Hello, my husband received his determination letter however the Entry Clearance Officer says they don't have the letter yet from the Home Office. I phoned the Courts and they said they posted it to the Home Office on the 10th of June 2014 and that the Home Office have not appealed it. What do you think has happened? Is there a number or email that I can contact at the Home Office to ask what they have done with the letter and when they will send it to Dhaka Entry Clearance Officer? I have called all the 0800 numbers and emailed the ukbaenquirieshomeoffice emails on their website but no replies. Please can someone share some info with me?

[bappenadim]

guys,still waiting for the home office decision.should i phone them up? after allowing the appeal 11 weeks gone.is that gonna be longer than this?