URGENT: IMMIGRATION ADVICE NEEDED

[Fnm]

I need urgent help. My employer offered me an job contract (extension contract) and my Tier 2 General application was refused on the basis of inapporopriate salary. I applied for an administrative review as my employer still believed that the decision is wrong and I received my outcome today, the review was unsuccessful. Unfortunately, the employer is not willing to increase my salary and at the same time my current visa is expiring in 2 weeks time.

To make matters worse, I am heavily pregnant to travel within two weeks. My partner is on DLR (refused asylum) he was given 2.5 years last year and been in the UK since 2002. I understand that I am not in a position to apply for any right to stay as his dependant, if someone can confirm it's correct. Kindly advise how I can legalise my stay for the time being (since I can give birth anytime) rather than falling into the overstayer category.

Been in employment for 2 years in the UK and I have a clean record. The Tier 2 visa refusal was unexpected as the employer had given assurance that I met the requirements. I am now in a difficult position and anyone's help/advice will be greatly appreciated.

[Obie]

You could use FLR(FP) and ask for consideration outside the rule.

[Petaltop]

my current visa is expiring in 2 weeks time.

To make matters worse, I am heavily pregnant to travel within two weeks.

Can you afford to pay the NHS for your birth and aftercare? When your visa ends then so does your free access to the NHS. Putting in frivolous applications to try to remain in the UK doesn't give you access to the NHS for free.

[Fnm]

my current visa is expiring in 2 weeks time.

To make matters worse, I am heavily pregnant to travel within two weeks.

Can you afford to pay the NHS for your birth and aftercare? When your visa ends then so does your free access to the NHS. Putting in frivolous applications to try to remain in the UK doesn't give you access to the NHS for free.

Thanks for your reply, I am asking for advise not opinions. NHS fees is not the issue here, life comes first and I have paid my taxes in the UK in full. NHS fees will be paid for, if they have to.

[Fnm]

You could use FLR(FP) and ask for consideration outside the rule.

Thank you very much Obie for your help. I will look into that ASAP.

[Petaltop]

my current visa is expiring in 2 weeks time.

To make matters worse, I am heavily pregnant to travel within two weeks.

Can you afford to pay the NHS for your birth and aftercare? When your visa ends then so does your free access to the NHS. Putting in frivolous applications to try to remain in the UK doesn't give you access to the NHS for free.

Thanks for your reply, I am asking for advise not opinions. NHS fees is not the issue here, life comes first and I have paid my taxes in the UK in full. NHS fees will be paid for, if they have to.

Don't shoot the messenger. It wasn't an opinion, it is a fact. There are many who pay taxes and who can't use the NHS for free as free use of the NHS doesn't work like that.

As a visa holder, your access to free NHS ends when your current visa does. You paying taxes in the past doesn't change that. There are Brits state pensioners who have paid UK taxes for 44 years who can't have free NHS when they visit anymore from April 2015.

From 6 April 2015, under the new laws the NHS can now add 50% to your bill if you don't have insurance and they will be fined if they don't bill.

Unpaid NHS bills of 1k or more can stop any future visas until the bill is paid.

As you have the money to pay it isn't a problem, but I was just warning you in case you thought you could continue to have free NHS after your work visa has ended.

[Obie]

The government has implemented a new NHS Surcharge system.

In this current time, the OP is entitled in Law to NHS until her visa expires, which is not the case yet , is it?

[Petaltop]

The government has implemented a new NHS Surcharge system.

In this current time, the OP is entitled in Law to NHS until her visa expires, which is not the case yet , is it?

No, she said her visa ends in 2 weeks time and that was what I was concerned about. She said she was heavily pregnant, but didn't say when her due date is. If she gives birth before her current visa expires, they she won't be billed and everything I put was waste of my time.

Those overstaying a visa never could have free NHS but most NHS were incompetent and never checked. Now that new law means they will get fined if they don't bill, but can keep the bill money and that 50% extra if they do. Stick and carrot.

[Obie]

I think your concerns appear premature and misconceived

With the utmost respect, I believe there appear to be no basis for you to be so concerned.

The OP's visa expires in 2 weeks, and if an application is made before the end of that period, there will be section 3C, and then whiles an application is considered, section 3C will still be engaged.

In the absence of a statement from the OP , undertaking yo overstay her visa, I don't believe there is any legitimate basis for your concerns, with the utmost respect.

In my view the OP appear to be doing things by the book, seeking to find a way to regulate her status , rather than contemplating overstaying her visa.

You post, with the utmost respect, appear to be a distraction from the topic on the thread.

[Petaltop]

The OP's visa expires in 2 weeks, and if an application is made before the end of that period, there will be section 3C, and then whiles an application is considered, section 3C will still be engaged.

3c doesn't extend to free NHS.

We have already seen a post on here from a Tier 4 who was trying to stay in the UK after her visa ended and putting in applications on time. She was refused free NHS at several places as her tier 4 visa had ended.

I don't think knowing about the NHS now checking, when the OP is trying to stay in the UK to give birth, is a distraction.

[Casa]

Petaltop, with respect I think the OP may be upset by your comment "Putting in frivolous applications". I don't think that the imminent birth could be considered 'a frivolous' reason and in any event, I don't think she has any choice. No airline would accept her for travel at this stage of her pregnancy.

[Fnm]

The OP's visa expires in 2 weeks, and if an application is made before the end of that period, there will be section 3C, and then whiles an application is considered, section 3C will still be engaged.

3c doesn't extend to free NHS.

We have already seen a post on here from a Tier 4 who was trying to stay in the UK after her visa ended and putting in applications on time. She was refused free NHS at several places as her tier 4 visa had ended.

I don't think knowing about the NHS now checking, when the OP is trying to stay in the UK to give birth, is a distraction.

Petaltop, you seem to be more concerned about NHS fees more than anything. From everything stated in my initial post all you have picked is "pregnancy". I doubt you even know what Tier 2 General means. It is utter waste of time to argue with you. For you to understand anything, you need to understand where you came from in the first place. With all due respect, will stop disturbing the thread and let those with advise post while you revisit your history. Been legitimate and was in the process of legitimising my stay when the visa was refused and I still want to be legitimate, without risking my life and my baby's life. So if NHS matters to you that much, why not call and warn them about me in advance while those who understand my situation post valuable advise. The caseworker will deal with my case accordingly even if I put in my "frivolous" application as you state. Probably you are even the one milking the system left, right and centre. And again, revisit your history... while you contact NHS beforehand. Thanks.

[Fnm]

The government has implemented a new NHS Surcharge system.

In this current time, the OP is entitled in Law to NHS until her visa expires, which is not the case yet , is it?

No, she said her visa ends in 2 weeks time and that was what I was concerned about. She said she was heavily pregnant, but didn't say when her due date is. If she gives birth before her current visa expires, they she won't be billed and everything I put was waste of my time.

Those overstaying a visa never could have free NHS but most NHS were incompetent and never checked. Now that new law means they will get fined if they don't bill, but can keep the bill money and that 50% extra if they do. Stick and carrot.

Petaltop, you seem to be more concerned about NHS fees more than anything. From everything stated in my initial post all you have picked is "pregnancy". I doubt you even know what Tier 2 General means. It is utter waste of time to argue with you. For you to understand anything, you need to understand where you came from in the first place. With all due respect, will stop disturbing the thread and let those with advise post while you revisit your history. Been legitimate and was in the process of legitimising my stay when the visa was refused and I still want to be legitimate, without risking my life and my baby's life. So if NHS matters to you that much, why not call and warn them about me in advance while those who understand my situation post valuable advise. The caseworker will deal with my case accordingly even if I put in my "frivolous" application as you state. Probably you are even the one milking the system left, right and centre. And again, revisit your history... while you contact NHS beforehand. Thanks.

[Petaltop]

the employer is not willing to increase my salary and at the same time my current visa is expiring in 2 weeks time.

My partner is on DLR (refused asylum) he was given 2.5 years last year and been in the UK since 2002. I understand that I am not in a position to apply for any right to stay as his dependant,

Kindly advise how I can legalise my stay for the time being (since I can give birth anytime) rather than falling into the overstayer category.

Probably you are even the one milking the system left, right and centre.

The words "pot" "kettle" and "black" spring to mind.

[Obie]

Petaltop, Section 3C ensure that people under the old Tier4 system continue to retain all their entitlement they once have, which includes access to NHS, until their case is decided.

Petaltop please drop it.

OP i understand that you may be upset about his comments, but it is not acceptable or dignified for us to have squabble over these matter which have been dealt with.

I recommend we call it a day.

[Petaltop]

Petaltop, Section 3C ensure that people under the old Tier4 system continue to retain all their entitlement they once have, which includes access to NHS, until their case is decided.

Obie, with all due respect, we have already seen posts on here where they did not get free NHS after their visa expired and while they waited for their case to be decided and therefore the NHS isn't covered under 3c.

There are often articles in the papers with the same and the hospital realised they didn't have a visa and wanted to bill them. Didn't the Pakistani community raise funds to pay for the operation for one case that appeared in the papers?


Here is another case.

The Ahmeds were contacted last November and asked for proof they were entitled to treatment by the National Health Service. Muhammad Ahmed had been working legally in the UK since July 2008 on a work permit, but the hospital withdrew all treatment after it discovered the permit had expired in August 2009. Sanika’s parents have applied to stay permanently in Britain, but with the hearing not set until next month,

The RNOH claims, “In February 2013, we received a letter from Mr. Ahmed’s legal representatives regarding this matter and we replied offering to treat Sanika as a private patient. We received no reply to this offer.”
http://www.wsws.org/en/articles/2013/03 ... a-m25.html

[vinny]

If Section 3C/3D was still in-force, then they should not have been charged.

[uchida]

It's quite a shame that this thread has been hijacked by a belligerent "adviser". The poor OP hasn't received the advise she was seeking. This has become the bane of this board these days, and I find it quite sad. Please moderators, can you suspend or ban "advisers" that use this forum as a medium to peddle their hateful opinions. If you have nothing constructive to say, please say nothing. No one needs your judgemental, better-than-thou, opinion.