How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My fiancee is on a student visa, currently 21 weeks pregnant

Resolved Question:

My fiancee is on a student visa, currently 21 weeks pregnant and still waiting for the result of her divorce paper. She is having difficulty with her pregnancy and always not feeling well. The problem is, her college wanted her to enroll for this semester knowing that she won't be able to finish the term, the baby is due on February 2012. She recently requested the college for the postponement of her enrolment this semester. She hasn't received any answer yet. College is asking for nearlly £2000 now..her father in the Philippines was her financial sponsor who died suddenly 2 months ago so she returned home and got back here recently after time with her family . We are very worried about what position we are in. I am British. Hopefully we'll get married in 6-8 weeks when her divorce papers come (due this month). I have spoken to UKBA about this and they said they are separate from school issues. May I ask what are the possible things that we must do to prevent any action from the college against her which we know may affect her stay? I also need an advice as to where we should stand with the college and if she must enroll.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.


Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When does her visa expire
  • 2. Where do you intend to marry

Kind regards.


Customer: replied 5 years ago.


Thank you for your reply. Her visa expires December 2012 and we'll get married here in London.

Expert:  Thomas replied 5 years ago.




Are you the father of the child?

Kind regards,


Customer: replied 5 years ago.
I am the father of the child.
Expert:  Thomas replied 5 years ago.



If the college refuse to postpone her studies, will she not enrol/study for this semester?


Customer: replied 5 years ago.

She wanted to but she's having a difficult time on her pregnancy. Another thing is, if she will enrol this semester she won't be able to finish it that's why she's planning to enrol after giving birth. She will undergo CS (caesarian) so it will take more months to rest.

Expert:  Thomas replied 5 years ago.


Thanks for your reply.


Given that even if she enrols she will be unable to complete the course of study then I cannot see the benefit of not applying on a settlement basis since presumably the long term goal is for her to settle permanently in the UK with you.


I would attempt to negotiate a postponement with the college and considering how to apply for settlement. This can either be by way of a fiancé visa or a spouse visa

Alternatively, you can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement). Two applications, two application fees.

You can either marry where she is and then apply directly for a spouses visa at the UK embassy in your home country; Once application, one application fee.



The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.


Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-


  • You plan to marry within 6 months of her arriving here
  • You plan to live permanently together here
  • You have met each other
  • You can support each other without the need for public funds
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-

  • If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
  • Bank statements from both you and your wife going back 6 months showing the income/capital you have available
  • Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
  • Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
  • Marriage certificate, Birth Certificate, passport
  • Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
  • Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
  • Evidence that she can speak English:

Further information here:-



The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.


You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website



You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.


If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


I will answer your follow up questions you may have.

Kind regards,


Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
My fiancee is here with me. We are living together.

Related UK Immigration Law Questions