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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2042
Experience:  I am a qualified solicitor and an expert in UK law.
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I work in the UK under PSW visa, which expires in December

Resolved Question:

I work in the UK under PSW visa, which expires in December 2013.
My wife also has one and hers expires in March 2014.

My current employer is likely to support me as a sponsor for my Tier 2 visa application,
and my wife would be staying in the UK as a dependent in that case.

One thing I heard was that a person has to go out of the UK once if he or she wants to switch from PSW to a dependent visa, which means she will have to apply for her dependent visa from her own country. She is now pregnant and a baby is likely to be due around the time her current visa expires. I am wondering if she has to leave the UK before it becomes difficult for her to take an airplane, and come back to the UK (with her baby) after successful application of her dependent visa. Would there be any options for her to stay in the UK throughout her pregnancy?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 11 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

What you may wish to do is submit an application from inside the UK in any case and then wait for the outcome, you should give reasons for why you have applied from inside the UK and ask the home office to exercise their discretion.

You should state reasons such as how you would want to witness the birth of your child and also the issues that the child may have travelling after just being born. If the application is refused the process would haven give your wife at least 3 months from the date of submitting the application. By the date of refusal your child would be able to travel back home and your wife would be able to re apply from her home country without fearing for the child's condition.

If the home office exercise their discretion then a visa may be granted if they do not then your wife will have to return home with the baby and apply from outside the UK.

The point of view of the home office can be that if the wife knew that she was pregnant then she should have left the UK and given birth to the child in her home country and then reapplied to come to the UK. So this is something you need to address in her application from inside the UK.

I hope by giving you both side of the coin you are able to make a suitable decision.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2042
Experience: I am a qualified solicitor and an expert in UK law.
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