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Due to Birth 2 days before visa expired

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simple.but.honest
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Joined: Fri Feb 12, 2010 6:44 pm

Due to Birth 2 days before visa expired

Post by simple.but.honest » Sat Oct 29, 2011 6:39 pm

Hi,

My friend Mrs is pregnant and due to birth 2 days before her visa get expired. At the moment they have PSW Visa. What they need to do in this situation e.g. what application should they put forward? etc.

Thank for any suggestions and Advice in advance!

Lucapooka
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Location: Brasil

Post by Lucapooka » Sat Oct 29, 2011 6:49 pm

What application would they like to put forward? The expected birth of a child is not an unexpected event and so they should make plans for this. What would they apply for in the event of there being no pregnancy? If they have no plans to apply for leave to remain in another category then it's best if they leave early before the 32 week no-fly threshold.

simple.but.honest
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Post by simple.but.honest » Sat Oct 29, 2011 7:00 pm

she cannot fly at the moment due to her last stages of pregnancy. They don't want to be over stayer as well. Her spouse might get sponsorship from his company but he is her dependant.
Last edited by simple.but.honest on Sat Oct 29, 2011 7:19 pm, edited 1 time in total.

Lucapooka
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Location: Brasil

Post by Lucapooka » Sat Oct 29, 2011 7:18 pm

Well it's normal to be given up to nine months notice so I can't imagine they are surprised to find themselves in this situation. I suggest they apply for leave to remain using FLR(O) and wait for that to be refused, but not for at least a month or more. This will buy them time as their existing leave will continue to be valid while the application is pending so this will give them enough time to have the baby and then leave the UK without having overstayed.

simple.but.honest
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Joined: Fri Feb 12, 2010 6:44 pm

Post by simple.but.honest » Sat Oct 29, 2011 10:20 pm

Lucapooka wrote:Well it's normal to be given up to nine months notice so I can't imagine they are surprised to find themselves in this situation. I suggest they apply for leave to remain using FLR(O) and wait for that to be refused, but not for at least a month or more. This will buy them time as their existing leave will continue to be valid while the application is pending so this will give them enough time to have the baby and then leave the UK without having overstayed.
Can her dependent spouse apply inside the UK for Tier 2 general?

geriatrix
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United Kingdom

Post by geriatrix » Sat Oct 29, 2011 10:24 pm

No.
Life isn't fair, but you can be!

simple.but.honest
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Post by simple.but.honest » Sat Oct 29, 2011 10:51 pm

sushdmehta wrote:No.
Thanks

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