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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Tier4 visa to spouse visa

Resolved Question:

Hi I would like to inquire about my situation. Im on tier 4 visa which will expire on 2014 April. Now I got married to a british man (English - born and raised in England) last Nov 2012 and im also expecting a baby this Feb 2013. My university said that I cant continue my school for this semester (FEB-MAY 2013) because I have to give birth soon for reasons of health and safety. They asked me to apply for a suspension of studies (like a leave of absence) where it was indicated there that I will go back or resume my studies on Sept 2013. The school registrar approved my application however, the international office does not.The international office emailed me and told me that they can only approve my suspension if I already applied for spouse visa coz they said 1 semester is too long for me to be suspended, if I cant provide spouse visa application they will withdraw me from Uni and report to the UKBA SO i told them what if I just enroll this sem, they dont want it coz of safety reasons. I said Im still in the process of applying for it and I plan to do so after I give birth since im already in my 38 weeks anytime of the day I can deliver (WHO knows when will my baby wants to go out). And I still have to apply for another English test since my last IELTS result already expired last DEC 2012. My questions: 1.) if they withdraw me from Uni will I be forced to go home? 2.) Is it possible to apply now for my spouse visa and let my english test be send later on? 3.) I was thinking of applying for premium service so that I can prove to my Uni that I'm on a que for spouse visa application what are my options 3.) Im on maternity leave pay is it ok to show that to UKBA when applying ? Im a NON EEA

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

When have they threatened to withdraw you by?

Tom
Customer: replied 1 year ago.

hello


 


they will report me on 13th or 14th feb 2013.


 


 

Expert:  Thomas replied 1 year ago.
Hi

If they informed the united kingdom border agency of their withdraw home then the ukba would write to you to advise you that they have curtailed your visa. You would at this point cease to have leave to remain in the united kingdom they would give you 28 days to leave the united kingdom of the witch you would become an overstayer. If you did not leave within this time then the united kingdom border agency would be at liberty to apply for removal directions to have you posted. It seems the best way forward is for you to apply as soon as possible.

You cannot send your english language test later. You need to pass this as soon as possible.

I would expect that your university would accept proof that you have used the premium service to apply so that they can approve your suspension.

Provided that you have observed the terms of your tier 4 visa you should be okay disclosing the fact that you receive maternity pay.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your questions.

Kind regards.

Tom
Customer: replied 1 year ago.

However, the time to apply not iOS not enough. I'm heavily pregnant And I haven't apply for my IElts test. What about maternity leave option in Uni? I have to go home even though I'm on full term?

Customer: replied 1 year ago.

I've checked this website regarding tier 4 visa. http://www.ukcisa.org.uk/student/info_sheets/protect_t4_status.php#attendance is this sufficient enough to look into?

Customer: replied 1 year ago.

Waiting here

Expert:  Thomas replied 1 year ago.
The 60 days referred to in the link that you posted is afforded to persons that attempt to find another college to transfer to. If this does not apply to you then it's not of use to you unfortunately.

If you are able to get a doctor to write a letter for you confirming that you are too heavily pregnant to travel then you can use this to apply for a short period of further leave to remain to have the child and then apply for a spouse visa thereafter.

You would have to apply using form FLR(O).

Please rate my answer. You have not yet.

Tom
Customer: replied 1 year ago.

The fact is I really have to go back to university after I deliver to finish my BSc with overseas nursing program(I already have my decision letter from nmc), that's the reason y it's important for me to have suspension of studies not withdrawal. My husband is British and when my baby is born she will be British too, I'm 38 weeks preg and there is no doubt about that, my Uni knows about my situation even before coz I've been attending my school last sem and my course leader suggested a suspension for next sem which is this feb. I will apply for spouse visa FLR(m). My visa has not yet expired so why apply for FLR (o) that's to extend?


 


Is there maternity leave in University Probably I will ask for that so I have time to sort out my papers after I deliver coz right now with my situation I too tired to travel nor be stressed with these. It's not easy to be in your last term of preg.(I know u can't relate With that).

Expert:  Thomas replied 1 year ago.
Please rate my answer and I shall reply.

Tom
Customer: replied 1 year ago.

I'm not satisfied with the ans coz all I could think now is I have to leave my husband here and give birth to my country even though I'm goin to give birth 3 weeks from now. Human rights? Maternity rights? They are all not covered bec of tier 4 visa? I know a lot of people having tier4 visa and was able to give birth here without even having a British husband both partners are in tier4 visa A non EEA. How come I can't give birth here? I wanted To enroll this sem but they don't want to. what and where to go? 38 weeks to 40 weeks preg is critical. Do u think airplane will let me travel? another health and safety issues to consider and that's common knowledge. Then FLR (o)? After I apply for this what happen what happen next I can't apply for spouse visa? It's just making me more confused. All I would do now is talk to my Uni. If they say they will withdraw me then let them do it as long as they put the reason due to pregnancy. Anyway I have the suspension letter of my studies that has been approved. They should give me maternity leave for 2 mos or 6. That's all. then when I go back to my school in sept I'm already my vis would be spouse visa... It's better to talk to them than seeking some advice that will further stress me out and confused me. I think I just resolve my issues


 


 


 


 


 


 


 

Expert:  Thomas replied 1 year ago.
FLR(O) is the form for further leave to remain for other reasons. It's a catch-all form where there is no other form to apply for.

You can make your application for a spouse visa now wihtout your ILETS test if you wish, simply to show you have made an application has been submitted. It will be rejected of course, but it will give you )hopefully) enough time to give birth and pass the ILETS>

If you are married and (will) have a child then your have an Article 8 right to a family and private life, so it's not likely that you will be deported. However, you may be required to assert that right on appeal if you overstay your visa once they curtail it. That is stressful and demanding, which is something that I am sure you can do without.

If you apply for your spouse visa now, your university will give you the suspension, which is fine but the applicaiton will be rejected. They university may not find out which woudl be fine provided you apply again for the spouse visa.



PLease rate my answer now. I have certainly answered your question.

Tom
Thomas, Solicitor
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I will apply for my IELTS For a minimum band score of 4 which is very attainable. I already have my previous IELTs that I used for NMC application and Uni application but unfortunately it expired last Dec 2012. So need to take again. All these FLR (m) and FLR(o) needs English tests. I will sit for this test after I give birth ( 5 days after normal spontaneous deliver hopefully). I already have my application for the test Just waiting for my delivery to get me going.


 


Time is the only thing I need if Uni will let me. If not then I will find A new school. Where I can request for online lecture for 2 mos till I adjust for my new life as a mother then go back for regular schooling With spouse visa on hand. I need to finish my course for my nursing career no matter what happen.


 


I will talk to my Uni again and again this week. I will find a way.


 

Expert:  Thomas replied 1 year ago.
I will answer tomorrow morning. Please rate my answer now though

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