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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife is Brazilian and she is on her 2nd tourist visa 6 months

Customer Question

My wife is Brazilian and she is on her 2nd tourist visa 6 months with me. She is 24 weeks pregnant and we have 2 yr old son. She is flying back on 13th dec to have baby and then apply for settlement visa 2 yes ok.
However I want her to stay and have baby here. Is it possible?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  GSenmartin replied 5 years ago.
Are you a U.S. Citizen? What was the last date that she entered the U.S.?
Customer: replied 5 years ago.
No uk citizen. I live in uk
Expert:  GSenmartin replied 5 years ago.
Ok, sorry about that. I need to Opt Out of your question and transfer it to the UK Immigration Law forum. Please be patient as I am not sure there is anyone logged on at the moment. Thank you.
Customer: replied 5 years ago.

Yes. My apologies I did not mention I am a UK citizen.

Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

I’m afraid that it is a term of a visitor’s visa that the visitor should not seek to secure a more permanent stay longer than the term granted by the visitor’s visa. Any attempt to do this would be viewed as, in effect, a deception and could have serious implications for any future applications she might choose to make.

The only exception to this is where a person makes an application on a discretionary basis to for an extension. However this is usually only done in exceptional circumstances, for example where another health condition means that their health would be prejudiced if they were required to leave the country and are granted further leave to remain until they recover, or where a pregnant woman could not be expected to fly safely on the advice of her doctor.

I believe that she would be permitted to fly given where she in her pregnancy but you should take her to see a doctor for specific advice on this, perhaps there are some other health conditions applicable to your wife which mean that is less safe to travel by plan at this point. If you can get a doctor’s note stating that it would not be safe for her to travel then you can apply on a discretionary basis via a solicitor for leave to stay here but there would be issues regarding the fees for hospital/insurance..

If you cannot get a doctor’s note then should would have to return. If the child is born in Brazil she will be eligible for British Citizenship by descent, which means she can apply for a UK passport but would not be able to pass her citizenship on to any of her children themselves born outside the UK.

Sorry it could not better news.
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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 7617
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 5 years ago.
Thank you for your answer. I think It would be best for me to send her to Brazil and then she can apply for the Settlement Visa after Birth of our child. If we have a Doctor's note and we are willing to pay for health costs of baby being born here, could we apply for her Citizen without Asylum and humanitarian Route? You have given a good answer already and I will click accept once you can give me further details on above. I thank you for your prompt response.
Expert:  Thomas replied 5 years ago.
Hi,

Sorry, I'm note sure what you mean by "could we apply for her Citizen without Asylum and humanitarian Route?" - are you referring to the child here and under what circumstances?

Tom
Customer: replied 5 years ago.
My son was Born In Dubai and has British Citizenship already. We met and lived there before coming to UK. I mean If under medical reasons it was not safe for her to travel we can apply for her settlement without her going back via solicitor lawfully.. And she couldhave baby here if we pay for the costs of nhs.
Expert:  Thomas replied 5 years ago.
Hi,

If you applied for discretionary leave to remain, obtained it for the purpose her staying here and having the child then the UKBA would still require her to return to Brazil in order to make her application for settlement.

The rules here are applied very, very strictly for better for worse. It's because of the high incidence of persons overstaying their visitor's visas.

Kind regards,

Tom
Customer: replied 5 years ago.
Understood. When she applies for a settlement visa when I sponsor her, Should I wait for the Child to be born and would they need to apply for Britishs Citizen ship before entering the UK being my new daughter or son?
Expert:  Thomas replied 5 years ago.
Hi,

I would wait until the chlid is born, apply for the child's passport in Brazil, prepare the mother's settlement application in the meantime then once the passport is received apply for settlement.

This would increase her chances of approval upon application (having a passport holding child).

Kind regards,


Tom
Customer: replied 5 years ago.
Thank you Tom for your advice,. Very much appreciated.
Expert:  Thomas replied 5 years ago.
You're welcome.

Kind regards,

Tom
Customer: replied 5 years ago.
In Dubai, We gave the British Embassy UAE Birth Certificate for my son and then I applied for his British Passport. Could the same not be done in Brazil?
Expert:  Thomas replied 5 years ago.
Yes, that is precisely what I am suggesting.

Tom
Customer: replied 5 years ago.
Alright :) Sorry to take your time. If I need further advice from you I will pay again.. Very kind of you...
Expert:  Thomas replied 5 years ago.
No problem.