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Pregnancy

Panic: 32 weeks pregnant and visa may expire

18 replies

Saku · 22/10/2016 21:12

Hi every one .. dont know is this is the right place to ask this concern..
as matter is related to pregnancy .. I am posting this here under this topic.

DH is on work ICT visa in UK .. I am on dependant visa on him... and 30 weeks pregnant.
But there are situations are getting created that he got his current employer notice of 1 month... he is trying his best to get another job and sponsor to get another visa .. but he is not successful yet ..
I am wondering with his visa my visa will also expire as dependent.. but that time I will be heavily pregnant.. to travel back in air journey to my home country.. what I will do .. we dont want to be an illegal immigrants.. what are the options we can take if DH does not get job and sponsor by that time???
very much worried Sad

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Saku · 22/10/2016 21:15

Sorry for subject mentioned 32 weeks ... I am currently 30 weeks pregnant

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YuckYuckEwwww · 22/10/2016 21:16

Are you able to travel home now until he has another job so that you're not in a position of risking becoming illegal because you're too far gone to fly? that way you won't put your future chances of being here with him at risk?

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Liara · 22/10/2016 21:21

You can fly until 36 or 37 weeks if it's not twins, so you should be OK. How does your dh's visa work? I doubt it gets revoked the very day he stops working for his employer?

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Saku · 22/10/2016 21:40

Ohh that means either We need to get separated when our baby will arrive Sad OR he need to compromise with his career if he also come with me Sad
he has his career continuity here .. if he also returns for me .. I know he has to struggle very much

Liara : he has ICT visa that the sponsor company provide .. and I think it will be valid until he is on notice period

Me going back is the last option I want to choose..
I am more interested in other legal options or appeals to stay until baby gets delivered .. if possible Confused

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YuckYuckEwwww · 22/10/2016 21:42

are you not in a better position leaving within your visa and returning on a visa afterwards, than hanging on until possibly having to leave, as that would then be on your record for future visa applications?

not ideal short term but surely puts you in a better position long term?

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Saku · 22/10/2016 21:50

Thanks for reply...
yes returning back is the last option .. we know it.. Sad Sad Sad we will not stay here on expired visa for sure...
I was just wondering for any other options available or someone faced similar situation???

I Hope!! DH get a new job soon .. so our this miserable condition end immediately.

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hungrywalrus · 23/10/2016 00:35

Is there an immigration lawyer you could contact for guidance? I think this is your best bet so you can make a plan. This must be such a stressful situation to be in. Really feel for you.

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hungrywalrus · 23/10/2016 01:07

Perhaps try the Citizen's Advice Bureau.

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Saku · 23/10/2016 09:33

Thanks for replies and help.. I will see these options. :)

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GreenGoblin0 · 23/10/2016 10:56

Immigration Advisor here...you won't get much help at the citizens advice bureau not many have specialist immigration advisors anymore. You need to get advice from a specialist immigration solicitor. if you indicate which area of the country you are in I can give you a list of suggested reputable firms. (there are many immigration solicitors/advisors and not all are good)

It is not possible to change sponsor on a Tier 2 ict visa. his only option in this respect is getting an employer to sponsor him under tier 2 general meaning a new immigration application.

you also don't get a right of appeal if your visa is curtailed due to your husband's employer terminating his employment.

Unfortunately I think you need to think very seriously now about returning home so you can prepare to have the baby there as your options visa wise are very limited. you have time to do this if you are 30 weeks at moment. Sorry to sound negative but you need to be realistic. you also need to consider what might happen for example if your visa is curtailed and when it is too late for you to fly home -meaning you will be here without a visa and giving birth here (and having to pay for nhs treatment)

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AnchorDownDeepBreath · 23/10/2016 11:01

I can fully understand why you don't want too, but I think you need to return home. If you overstay your visa, you'll be very stressed, you'll have to pay for NHS care and you'll have it recorded that you failed to leave on time, which can have a big impact on future visa applications. Essentially that may mean that you can give birth here but then don't get permission to come back.

You could go home now and DP could follow when you're 36/37 weeks? He can fly to join you much later than you can fly. He can then keep trying to look for a job here.

I am sorry you are in this situation and I hope he finds work soon.

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Saku · 24/10/2016 23:38

Hi all ..FYI ..I contacted immigration board.. they told I dont need to make any stay appeals.. as we can legally stay 60 days after visa expires (which covers my due date.. but have to pay NHS)..

GreenGoblin0 yes DH is trying for a job with other employer who will sponsor; as you said.. That is why it is taking this much time and being difficult.
AnchorDownDeepBreath : yes we are(only me moreover mentally getting ready) getting prepared for returning .. but need to sort out .. bills and house(rented.. he will not need so big house if I leave) etc.
We are still giving us 2 weeks time.. for us to make final decision..
he has got some calls .. hope in these 2 weeks he gets success..

Otherwise we need to operate last option left(being separated when I need him) Sad ... I never thought that my pregnancy .. last trimester will be so stressful and gloomy..

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Liara · 25/10/2016 20:23

Wish you best of luck, hope he manages to get another job!

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YuckYuckEwwww · 25/10/2016 20:26

best of luck with it all x

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Saku · 02/11/2016 08:46

Thanks for all support... with God's grace.. DH got a job, sponsor and visa now.. Smile

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Rulerruler · 02/11/2016 08:50

That's great! Good luck with the rest of your pregnancy x

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YuckYuckEwwww · 02/11/2016 11:53

fantastic news! Grin

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virenptl40 · 10/02/2017 23:03

Hi Saku. Congratulations.. and lucky you for everything sorted.
Mine is the same situation and we stuck at the moment.
I have some queries here. Appropriate if you can help me.

  1. My husband is with ICT Tier 2 Short term visa, He may not be able to change the sponsor. If there is any way to get it then please help us with the reference.


  1. You said there is a law or clause that you can stay for 60 days after visa expiry, can you share any link or reference?


Thanks.
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