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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6661
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear XXXXX,I have been in the UK for the last five years.

Customer Question

Dear XXXXX, I have been in the UK for the last five years. First two years as a student and last three years as a hospital doctor. My visa expires on the 20th of august, 2013. However, my wife is 7 months pregnant and the GP advised her not to travel to prevent any complications as she is already having a complicated pregnancy. How can we extend our visa to stay till the baby comes (october)?


 


I have heard about FLR(O) visa. Do I have to apply for it ? or does my wife apply as a main applicant and I apply as her dependent? How does it work?


Thanks


Asif

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

Is the reason why you cannot extend your current visa?

Tom
Customer: replied 1 year ago.

I dont have a job after my current contract expires on the 6th of August 2013. Our visas are expiring on the 20th of August 2013.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply.

If you cannot extend your visa and there is no other of the s category of work visa switch into it then you have correctly identified the applications that you should make.

This would be an application based upon your wife's pregnancy. It would be for further limited further leave to remain so that your wife can give birth in the united kingdom in the united kingdom.

You good argue that the complicated pregnancy constitutes exceptional compassionate circumstances which means that the united kingdom border agency should exercise their discretion and allow the application.

Provided you are able to produce evidence from your doctor explaining that it would be too risky for her to travel then you should be successful.

The drawback to this is that it would be very limited in that it would likely be 6 months leave to remain and you would then have to leave the united kingdom. However in this time it will give you an opportunity search for further employment say that you can make another application from your home country.

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 question

Kind regards

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6661
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear XXXXX,


Thanks for your reply. Two quick questions


1. Is my wife going to be the main applicant and I am going to be the dependent?


2. If I get a job offer in the meantime, Can I apply from within the UK to change my visa category


3. Can you make that application for me?


 


Thanks!

Expert:  Thomas replied 1 year ago.
Hi

Either you or your wife could be the main applicant it does not really matter.

Whether you could apply would depend on what decisions I make but unfortunately I would expect no such right to be getting on fortunately. I'm afraid I cannot represent you sent this is prohibited under the terms of the site usage.

Please remember to rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.

Thanks for your reply. I will rate your answer as excellent but you need to clarify about the answer to my second question. I could not make any sense of what you wrote in the second paragraph. Please clarify.


 


Thanks

Expert:  Thomas replied 1 year ago.
Apologies!

Voice recognition software..

Whether you would be able to apply depends on believe that you get from the u k b a. They may give you a right to apply or they may not. I would expect them to not give you the right though

Tom
Customer: replied 1 year ago.
Thanks for your reply. I was planning to apply for ILR but it seems like there would be a break in my 5 years period. If I get an FLR(O), would that count towards my 5 years to ILR?
Customer: replied 1 year ago.

Thanks for your reply. I was planning to apply for ILR but it seems like there would be a break in my 5 years period. If I get an FLR(O), would that count towards my 5 years to ILR?


Would I be able to work on this FLR(O)?

Expert:  Thomas replied 1 year ago.
Hi

I'm afraid that I doubt it would. In order to apply for my alarm you have to be in a category which is eligible for an ilr after 5 years. This sort period of limited leave to remain would not b a category of this type on fortunately

Tom
Customer: replied 1 year ago.

Thanks for your reply. Will I be allowed to work on this FLR(O)?

Expert:  Thomas replied 1 year ago.
Hi

Again, it depends what you receive from the u k b a but I would expect that they would not give you the right to work. Leave to remain of this type will only be for a short period so that your wife can safely give birth, it's not the same as a legitimate extension to your work visa that permits you a right to work and to ILR

Tom
Customer: replied 1 year ago.

does the five year period for ILR has to continuous or do they allow short breaks as well?

Expert:  Thomas replied 1 year ago.
Hi

Generally it has to be continuous. Short breaks can only be allowed by the u k b a discretion in exceptional circumstances. You may be able to claim this but it is a risk.

You will appreciate and agree I have answered your question sufficiently and spend more time on your question the value of your deposit now. If you have any further questions please submit one to the board requesting me via my profile or by marking your question to my attention.

Tom

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