ILR with the spouse expecting a baby

[Elena Babintseva]

Hi there!Hope you can advise on this matter.

My husband and I got married on the 29th of July 2009 here in London.He is applying for ILR in March 2011 under 4 years of HSMP service.I m going to apply for the dependant visa again as I came here again in February 2010 as his dependant.
I found out I was expecting a baby in October 2010 and due to the 8th of June 2011.By March 2011 I ll be on 7 months of pregnancy.In case of the refusal do I really have to travel back to my country being 8 or 9 months pregnant? The thing is I ve got the midwife here and everything is recorded in English.Also women in such a position are not allowed to travel.

It s a bit confusing for me.Appreciate if you can help.
Thanks in advance

[vinny]

It should be possible for you to be included in his ILR application.

[Elena Babintseva]

Thank you.That s what we were planning to do.To include me as a dependant in his ILR application.What I meant was...Does HO really consider such delicate circumstances like late pregnancy?

[rajathwp]

Sorry I might be wrong but can you add your spouse when she has not lived in UK for 2 Years ...Ta

Though GOD forbidden if they refuse ILR you can appeal which in most cases take upto 6 months or more and you can stay in UK ( answer to your query) and u don't need to go back to your country ....

[Elena Babintseva]

I guess I cant apply for ILR along with my partner cos I ve been here as his dependant since March 2010(10 months).I used to study here before but I think those years can not be included.So I ll be added to his application form as a dependant again till my 2 years are complete.Can anyone just clarify if I got the right information please?

Thanks a lot

[vinny]

Did you live with your husband in the UK before you were married?

Try clicking on my link above for for more information.

[Elena Babintseva]

No we didnt.Was a bit old-fashioned.We got married in July 2009 and I left the UK in August 2009 to apply for being his dependant.So basically we lived together for a month before I came back in March 2010.

[vinny]

I still think that it's possible for you to be included in his ILR application.

[Elena Babintseva]

Do u think I m required to get The Life in the UK test in this case?

[vinny]

No, if your husband is applying under the HSMP Forum judicial review (settlement in the United Kingdom). However, there's no harm in passing it if you can as you would require it for citizenship.

[ouflak1]

Just a specific point about the traveling during pregnancy. My wife was able to change her status from student to dependent (work permit) without leaving the country due to 'special circumstances'. Those circumstances were that she was 6 months pregnant and in otherwise healthy condition. I believe that if your ILR did not go through (I suspect it will be no problem), you would be able to apply for FLR under those same special circumstances. I should let you know that we did not find out the successful result of this application until 3 months later, 2 days after our daughter was born. This was a cause for some concern for us.