Tricky immigration situation - any advice, please?

Aztec99 · Post by **Aztec99** » Mon Dec 17, 2007 2:15 pm

Hi,

I'm a UK citizen, IT professional, frequent visitor to Russia. Met and married a Russian woman but this marriage failed and she returned to Russia over a year ago - I am in the early stages of petitioning for divorce but this will take months.

Meantime I have a new relationship with a woman from Saint Petersburg, who I have seen regularly and we are seriously involved. Her first application for a tourist visa was refused but I went to SPb a few weeks ago and she has been granted a tourist visa - we were planning to spend a lot of holidays together over the next months before applying for a fiancee visa.

However, life is never simple and we have just discovered she is pregnant. We are both delighted by this news, but obviously this is going to complicate things - I want to be with her as much as possible and ideally I would like her to be here with me during her pregnancy.

What on earth can we do about this?? Your advice would be greatly appreciated.

Thanks in advance, A.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 2:21 pm

Congratulations.

You only option is a fiancee visa, but she will only be able to get this once you are within six months of the divorce being granted.

If it is to early to get this, you are a bit stuck. I definitely would not rely on being able to extend her visit visa.

Victoria

Aztec99 · Post by **Aztec99** » Mon Dec 17, 2007 3:07 pm

Thanks for this, Victoria.

It is unlikely that I will get my divorce until end of April by which time it will be fairly obvious that she is pregnant! Is this likely to have an impact on her being granted a visa? If she stays here for say, three months and then returns to Russia, would it be possible to extend her tourist visa so that she could return here until after the child is born? I have no idea about the status of the child under these circumstances. Clearly I would have to pay for private medical care.

Also, I understand that airlines will not issue tickets to women who are more than 34 weeks pregnant, so I guess any application for a fiancee visa will have to be made before this time.

Thanks, A.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 3:26 pm

If the divorce is likely to be finalised by April then why not just go for the fiancee visa? This way she can come here and will be able to use the NHS.

Otherwise, your idea of coming for three months then returning to get a new visit visa may well work. But if they think she will give birth while int he UK they may refuse, as they may suspect that she intends to stay.

Victoria

Aztec99 · Post by **Aztec99** » Mon Dec 17, 2007 3:36 pm

Hi Victoria,

I see what you mean - but I thought that we could not apply for a fiancee visa until after my divorce came through - since I am not free to marry until then? If it is possible to apply before then this will undoubtedly be the way forward - she can come here maybe for a month or so and then we can both go back and apply for the fiancee visa before she starts to 'show'.

Regarding NHS - is she entitled to NHS treatment then under a fiancee visa? I thought 'no recourse to public funds' applied until after marriage?

Thanks again for your help - what a great forum!!

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 3:47 pm

I have just cheated and repaired the glaring error in my initial response...

"but she will only be able to get this once you are within six months of the divorce being granted. "

if you can supply a letter from your divorce lawyer to say that your decree absolute will be granted within six months, you can apply for the fiancee visa now.

NHS is available for those on fiancee visas, as it is a visa for those who are on a settlement route, and is not a public fund.

Victoria

Aztec99 · Post by **Aztec99** » Mon Dec 17, 2007 3:58 pm

Hi Victoria

Wow - all of my questions answered and now I know exactly what I need to do to organise everything! I wish there was a way to reciprocate - but for now I guess a sincere thank you will have to do!

Best regards A.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 4:07 pm

No probs.

If you want professional assistance with the application, let me know.

Victoria

frances2 · Post by **frances2** » Mon Dec 17, 2007 4:45 pm

VictoriaS wrote:If the divorce is likely to be finalised by April then why not just go for the fiancee visa? This way she can come here and will be able to use the NHS.

Otherwise, your idea of coming for three months then returning to get a new visit visa may well work. But if they think she will give birth while int he UK they may refuse, as they may suspect that she intends to stay.

Victoria

I didn't realise that you could apply for a fiance visa before a divorce comes through! My partners divorce is just waiting the decree nisi, its uncontested seperation type divorce.

So I take it there's nothing to stop us applying for a fiance visa. Overall do you think fiance visas are more likely or less likely to succeed than spouse visas?

Aztec 99. Good luck with the pregnancy.

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Tricky immigration situation - any advice, please?

Tricky immigration situation - any advice, please?