Married to UK, on tier 5, pregnant?? HELP!!

[dinosauuuuuur]

Hi guys,

I'm currently in a bit of a situation - 4.5months pregnant. On a Youth Mobility Visa (Tier 5) from New Zealand, been here for 4 months - married to a UK citizen for almost 3 years. I'm 22 years old.

I have not been working and will not be working probably the entire duration of my stay. I have received medical care since being here and had to go to an interview at the hospital to determine whether I was entitled to NHS care for free and they determined that I was.

The baby will be born here and as I understand be a full UK citizen because of my husbands citizenship. I did not know I was pregnant until a month after I arrived here.

Am I breaching my visa conditions by having this baby? I know it states you can't have dependent children. My husband has a good steady job and we have money/car/apartment etc to support ourselves.

Should I switch to a spouse visa - and if so - can I do this from inside the UK? I plan on travelling with the baby and husband end of the year (2010) and don't wish to encounter any difficulty re-entering the UK. We also have a holiday planned very very soon to Egypt, am I going to get questioned on re-entry to the UK because of my visa and that I am pregnant?


Thank you for any advice on what I can do

[The Station Agent]

I don't know why the consulate issued you a YMS Visa as it was clearly inappropriate to your situation. You should have applied for and been granted a spouse visa. I don't think you can switch from YMS direct into marriage visa (check please, I'm not an expert on that). If not then you may need to request a change of status outside the rules. If they won't allow that then I'm afraid you'd need to get entry clearance again from your home country, which is not something you'll relish at this difficult time.

[ouflak1]

It's incredible that you got that YMS visa. I'd think any officer handling your case would immediately think you're coming to stay with your husband for good or atleast be very suspicious that this was the most likely possibility. You did mention you were married when applying for that visa, right?

Anyway, yes you can switch visas within the UK under a 'special conditions' clause. You have to demonstrate that leaving to simply do this visa change is too much stress on your situation or otherwise unreasonable (in your case being pregnant, the further along, the better). My wife switched from a student visa to a WP dependent. In our case, this was a bit more innocent as we genuinely had no idea that you couldn't normally switch. If you call to talk to the UKBA on this, you will get conflicting answers, I guarantee it. This caused us a lot of stress. Just show all of you medical documents and that your marriage is genuine and apply. Unfortunately, I can't say which form it is, but I do believe you will want to apply as a spouse of a UK citizen. My first guess would be a Further Leave to Remain application. Hopefully the 'special conditions' provisions will hold up for the spouse type of visa as well. Good luck.

[ElenaW]

if you can switch it's form FLR(M).

[andyb123]

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.