Enganged to british citizen, pregnant with his baby VISA PROBLEMS

Hello,

I would really appreciate it if someone could be so kind as to help us with this situation...
My fiance and I are in our early 20s and currently expecting our first child,

Our plan was to apply for a fiance visa and go from there.... And although we meet ALL THE REQUIREMENTS, there is apparently a small detail that doesn't allow us to go the England.

You see my fiance and I met in Israel as we both were on a volunteer program here.

All as a mentioned we meet all the requirements needed but the detail is since we have been
volunteers we are not allowed to apply for a fiance visa because his income for the past SIX MONTHS doesn't meet the "minimun amount required" although he has been offered a job that does and covers EVERY OTHER SINGLE ASPECT FOR THE PAPERWORK TO BE IN ORDER FROM THE MOMENT WE DO GET TO ENGLAND,

We are desperate and heartbroken... because we are left with very few options, a much smaller source of income if we were forced to choose another country and this could deny our child the possibily of easily becoming a british citizen as it is his right since his father is one.

We would really like to know if there is NO OTHER WAY AROUND IT.
HOW IS IT POSSIBLE THAT ALTHOUGH WE CAN MEET EVERY OTHER REQUIREMENT WE JUST SIMPLY CAN'T BECAUSE WE DECIDED TO VOLUNTEER BEFORE IT?
WE WILL EVEN PAY FOR PRIVATE HEALTHCARE IN ORDER FOR THINGS TO GO SMOOTHLY..

BUT WE JUST SEEM TO BE STUCK and stressed.
I am almost 4 months pregnant now.

THERE HAS GOT TO BE SOMETHING WE CAN DO TO HELP OUR SITUATION.


Thanks in advance.

The UK has cracked down on immigration in the last few years, to the extent that a minimum of 18,500 GBP (if the partner is a non-EU citizen. It goes up with every child you have) needs to be earnt and that is after you have got a visa. THere is no easy way around it unless you work in another country and then after you have made some money you can try again.

Every sympathy but did you not think of all aspects and enquire to the British Embassy/Consulate in Israel rather than assuming that you would have the 'right of entry'.

I think that the only thing you can do is to make an appointment in Israel with the British Consulate and appeal to them as regrettably for you  it seems very difficult now to get into the UK 'automatically' any more as the average no of new arrivals EACH year is around 300,000.

This why they have tightened control of immigration. I can also see your point if the baby is born in 'say' Israel rather than the UK It MAY be more difficult for you to get citizenship in the UK.

There is perhaps a better possibility if you get  married but you would need to get expert advice on this as I don't really know.

Would your fiance marry you if it helped you to be together in the UK?

I really suggest that you go IN PERSON to the British Consul in Israel and ask the all these questions....and also ask your fiance the question above even BEFORE you go to the Consul.

Good Luck ...hope you get it resolved!
Tartan jimmy

You can read up on a family visa HERE.

Thank you for your response.

I did READ all of this before... and of course we did not assume we would get right of entry out of nowhere..
but this volunteering program IS how we met... we've been on it for almost a year.
and we didn't think that the past 6 months would matter when he obviously has a work position
waiting for him THAT MEETS the minimum amount required.
MEANING.. we do have the economic solvency that they are asking for
but it isn't there in the past 6 months BECAUSE we were volunteers.

And this too... would apply if we were to get married even then we would face the same problem based on the past six months.

That said it is absolutely unfair because he has an offered wage MUCH MUCH higher to work for
in the UK,
so basically because we decided to be volunteers i don't see how it is fair to have to give up that
job oppourtunity he was offered and have to go to my country with me where he..
-DOES NOT speak the language
- HAS NO JOB OFFER WHATSOEVER
The first one leaving him unable to work (until he acquires a high level WHICH COULD TAKE A COUPLE YEARS AND MONEY WE DON'T HAVE) and therefore unable to provide for our child.
and on top of that both our wages would be less than half the amount he'd be making in his own country.

Hi and welcome to the Forum.

Have you actually had a visa application rejected?

NO.
To be honest we are guiding oursleves at the moment with advice from different
lawyers who have told my inlaws we would be refused...
My in laws are working so hard for this to come out right because of course
they want to be able see their grandchild (this would not be possible with the small wage we would get in my country).
So we are trying our best to tick all the boxes.

I agree with the lawyer's opinion.  There is, however, a reference to an appeal process described in the Immigration Rules, but logically you can only appeal if you have been refused (hence my question).  My advice would be to get your fiance's parents to speak to their local MP; it will be a bit difficult as you haven't been refused, so at this moment they factually have nothing to complain about.

With regards to your unborn child; assuming birth abroad, you must get his/her birth registered in accordance with the local laws. but your fiance must also apply for a British Passport for him at the local British Embassy.  Your baby will have the right to UK citizenship by birth to a UK citizen; unfortunately, that won't help you, it's is very difficult to enter the UK at the moment and I can't see it changing much in the future

Cynic wrote:

it's is very difficult to enter the UK at the moment and I can't see it changing much in the future


If anything they will tighten it up, which they seem to be doing so as the government has more pressure to do so to tackle immigration.

The way I see it is that you have met this young British person and after only 2 months you have became pregnant (I assume this as you have not mentioned it in your topic how long you have know him?) ....did you know him before?
or now is he getting cold feet (I sincerely hope he would 'stand by you' no matter what)....best to ask him to marry you and see what his reaction is and also determine his opinion/feelings for you as  a couple if as  expected you don't get a visa to stay in the UK....if he is negative in any way you may unfortunately have to plan your life in alternative way.

You also don't mention which country you are from? I take it that you are NOT British perhaps you are not even from the EU...only that your partner is British and him knowing how difficult it is for a foreigner outside the EU to gain entry to the UK  both of you should have looked into the rules before you decided to have a baby.

If he really loves you he will settle with you ANYWHERE until you make another application in the way I suggest by both of you going to the British Council in Israel or in whatever country you are from???

If you are an EU citizen you would have a greater chance before the full tightening up of immigration after BREXIT.

Now if you both were responsible and had checked out all the laws and rules regarding immigration to the UK before you had a very binding relationship you would not have had these problems.

Let's be honest ....if I was considering settling in Japan Saudi Arabia Iceland USA or China etc etc I would certainly have checked all the current laws beforehand..
because if  I suddenly met say a Chinese or Icelandic person I certainly would NOT assume the automatic  right  to settle in that country.

You say it's not fair but really everyone has to look into all aspects before they make any serious commitment.

I repeat ...the very best thing to do is to ask for an appointment and go to the British Counsul in YOUR country preferably with your fiance and plead your case.

Also you could consider hiring an immigration lawyer in YOUR country but FIRST go in person to the British Consul in your country...and after a face to face meeting they will be able to advise you of your chances of being successful.

I may be sounding  'hard' and I do have sympathy but I am only trying to give you good advice as I see it.

I wish you GOOD LUCK and hope your fiance is with you 'all the day's  irrespective of which country you have to live in...'all the very best'
Jimmy

@tartanjim

She is from Equador, But even if she was from the EU, we would not be having this conversation because she would not require a visa. AS the UK is still in the EU.

CORRECTION...Last line....should be 'I hope your partner is with you 'all the way'

Cynic wrote:

I agree with the lawyer's opinion.  There is, however, a reference to an appeal process described in the Immigration Rules, but logically you can only appeal if you have been refused (hence my question).  My advice would be to get your fiance's parents to speak to their local MP; it will be a bit difficult as you haven't been refused, so at this moment they factually have nothing to complain about.

With regards to your unborn child; assuming birth abroad, you must get his/her birth registered in accordance with the local laws. but your fiance must also apply for a British Passport for him at the local British Embassy.  Your baby will have the right to UK citizenship by birth to a UK citizen; unfortunately, that won't help you, it's is very difficult to enter the UK at the moment and I can't see it changing much in the future


THANK YOU...
THIS WAS INCREDIBLY HELPFUL.!!!

LivdKellermann

No need to shout ;)

I wholly agree with Cynic.

But there are a few things you need to confirm.....

Where are the lawyers based, in The UK? Are both of you still in Israel?
Do you have the funds to support your visa application?

tartanjim wrote:

The way I see it is that you have met this young British person and after only 2 months you have became pregnant (I assume this as you have not mentioned it in your topic how long you have know him?) ....did you know him before?
or now is he getting cold feet (I sincerely hope he would 'stand by you' no matter what)....best to ask him to marry you and see what his reaction is and also determine his opinion/feelings for you as  a couple if as  expected you don't get a visa to stay in the UK....if he is negative in any way you may unfortunately have to plan your life in alternative way...


OK LET'S GET THIS IN PERSPECTIVE I DID NOT COME HERE TO BE JUDGED OR HAVE SOMEONE LURKING INTO GOSSIP ASKING ME ALL THINGS THAT ARE USELESS AND NOT AT ALL HELPFUL.

NO. WE DIDN'T LOOK IT UP.. SIMPLE, WE FELL IN LOVE AND I WASN'T AFTER A CITIZENSHIP THEREFORE... NO. WE DIDN'T LOOK IT UP.

WE DID NOT ASSUME WE WOULD GET ANY RIGHTS AND ALL WE ARE TRYING TO DO IS HAVE OUR FAMILY AND LIVE IN PEACE.

THE PROBLEM IS NOT GETTING MARRIED IS THAT IF WE APPLIED AFTER STAYING IN MY COUNTRY BECAUSE OF THE CURRENCY EXCHANGE AND EVERYTHING THAT COMES WITH IT (WAGE IN MY COUNTRY AND JOB OPPORTUNITIES ARE NOT AT ALL THE SAME.)

So if i ask my fiance to marry me tomorrow we would... and if you must know we agreed marriage
and then the baby surprised us, So we believe that it would be stupid to kill someone because a person like you thinks they are way better than people like us or whatever it is you got in your head.

I really don't find this helpful and if you don't like my thread or believe you can judge me because "I'VE SHOULD HAVE LOOKED WETHER I'D BE ABLE TO FALL IN LOVE OR NOT WITH SOMEONE FROM SOMEWHERE ELSE" is certainly the last thing that i will accept from a stranger.

You see we would settle in Ecuador.
my husband doesn't speak the language...
therefore he can't work for who knows how long.
therefore he can't provide for our baby...
My wage will not even be a quarter to what he was offered.
BUT THAT IS FAIR AND WE DESERVE IT CAUSE WE ARE DATING PEOPLE FROM ABROAD?
REALLY?

I BELIEVE THIS FORUM WAS MADE FOR SUPPORT AND HELP NOT TO SHAME AND SHADE PEOPLE WHO HAVE DONE NOTHING WRONG.

GOOD EVENING.

SimCityAT wrote:

LivdKellermann
Where are the lawyers based, in The UK? Are both of you still in Israel?
Do you have the funds to support your visa application?


Yes.. lawyers as my in laws are all based in the UK. we thought it would be easier since they know
how it works.
2. Yes we are still in Israel because traveling back to Ecuador is 2 days worth of airplanes and if
by any chance we go to England we will be closer.
As if...
The only reason i agree to go through all this is because my family would have better opportunities.
that is all.

LivdKellermann wrote:
tartanjim wrote:

The way I see it is that you have met this young British person and after only 2 months you have became pregnant (I assume this as you have not mentioned it in your topic how long you have know him?) ....did you know him before?
or now is he getting cold feet (I sincerely hope he would 'stand by you' no matter what)....best to ask him to marry you and see what his reaction is and also determine his opinion/feelings for you as  a couple if as  expected you don't get a visa to stay in the UK....if he is negative in any way you may unfortunately have to plan your life in alternative way...


OK LET'S GET THIS IN PERSPECTIVE I DID NOT COME HERE TO BE JUDGED OR HAVE SOMEONE LURKING INTO GOSSIP ASKING ME ALL THINGS THAT ARE USELESS AND NOT AT ALL HELPFUL.

NO. WE DIDN'T LOOK IT UP.. SIMPLE, WE FELL IN LOVE AND I WASN'T AFTER A CITIZENSHIP THEREFORE... NO. WE DIDN'T LOOK IT UP.

WE DID NOT ASSUME WE WOULD GET ANY RIGHTS AND ALL WE ARE TRYING TO DO IS HAVE OUR FAMILY AND LIVE IN PEACE.

THE PROBLEM IS NOT GETTING MARRIED IS THAT IF WE APPLIED AFTER STAYING IN MY COUNTRY BECAUSE OF THE CURRENCY EXCHANGE AND EVERYTHING THAT COMES WITH IT (WAGE IN MY COUNTRY AND JOB OPPORTUNITIES ARE NOT AT ALL THE SAME.)

So if i ask my fiance to marry me tomorrow we would... and if you must know we agreed marriage
and then the baby surprised us, So we believe that it would be stupid to kill someone because a person like you thinks they are way better than people like us or whatever it is you got in your head.

I really don't find this helpful and if you don't like my thread or believe you can judge me because "I'VE SHOULD HAVE LOOKED WETHER I'D BE ABLE TO FALL IN LOVE OR NOT WITH SOMEONE FROM SOMEWHERE ELSE" is certainly the last thing that i will accept from a stranger.

You see we would settle in Ecuador.
my husband doesn't speak the language...
therefore he can't work for who knows how long.
therefore he can't provide for our baby...
My wage will not even be a quarter to what he was offered.
BUT THAT IS FAIR AND WE DESERVE IT CAUSE WE ARE DATING PEOPLE FROM ABROAD?
REALLY?

I BELIEVE THIS FORUM WAS MADE FOR SUPPORT AND HELP NOT TO SHAME AND SHADE PEOPLE WHO HAVE DONE NOTHING WRONG.

GOOD EVENING.


Please Liv,

This site is not for judging people if anyone you feel has overstepped the mark you can report the post and our team of moderators will act accordingly..

.
""Please Liv,

This site is not for judging people if anyone you feel has overstepped the mark you can report the post and our team of moderators will act accordingly

-------------------------

It is alright, just that it literally added nothing positive or related...

Wether my fiance would marry me if ask or not is something that i don't think is relevant to this topic and it is something only I could know and should be concerned about.

I can imagine this man on a date... "SO.. WHERE ARE YOU FROM?... DAMN THAT IS FAR. VISA PROBLEMS SOUND LIKE TOO MUCH. WE CAN'T GO OUT ANYMORE" :huh::/

Nevertheless, i do appreciate the help and all helpful comments.. I have passed the information to my in laws and if anything works I WILL keep you posted so if anyone goes through the same can find something helpful.

Thanks again.

HI, you both can seek legal assistance. If your Fence has family members as: Father, Mother, Sister and brother and they can  send their Financial solvency - support, It will be beneficiary for you both in terms of financial requirements.

The current system really sucks and is totally unfair as it also splits up families and couples and creates all kinds of problems while giving preference to Brits married to Commonwealth or EU citizens. What it needs is for a change of government. Labour say they will allow couples like you into the country as well as make university education free, don't know how viable free university education is but I am keeping my fingers crossed for a change in Government and a major change in the Rights of non EU spouses to be able to come and live in the UK with their husbands. I honestly cannot understand how this Government can give their excuses for doing this. It shows zero compassion and zero understanding.

abdulkhalil wrote:

.... What it needs is for a change of government. Labour say they will allow couples like you into the country as well as make university education free, .....


I'd be a bit wary of any politicians "promises".  I tend to apply the "lip movement" test, i.e. check if their lips are moving; if they are, then they are probably lying ........... I have never been disappointed.

Yeah well, being a 60 year old Brit I pretty much know about all that having followed politics all my life.

Thing is, it isn't such a big deal to allow Brits who have married foreigners to come and live with their families in the UK. Slap on a few rules like have to be married for ten years, having kids who are British etc but for God's sake let them bring their foreign wives back no matter where they are from. I mean if the Government wants to block people coming here then block those Commonwealth people because they are not Brits, rather than the other way around. What they are doing is cruel, despite all their claims about preventing abuse of the system. Me, I'm 60 and married to someone who would not be allowed to come and live in the UK. However our kids have UK passports. I am retired so don't meet the financial criteria.

Promising free university isn't like it used to be in the 70's where we got big grants. Probably we're just talking about free tuition fees so parents still need to give a lot of support to their kids. But whether that ever happens is less important to me. But with Brexit, I am also hoping that either party will begin allowing non EU/Commonwealth foreign spouses to live in the UK without having to meet all these financial criteria. Not that I am anywhere near ready to move back.

The way it is now, I am actually hoping that Scotland leaves the UK because my grandmother was Scottish and perhaps an independent Scotland will offer the same as Ireland is doing so I could apply for a Scottish passport....interesting. And maybe they'd allow me to move my wife back here, being a little more compassionate than this current government.

Scotland has already voted, and they voted to stay, so they are not getting independence.

You are right, at least for the time being or until the next Referendum.

And recently the SNP seem to have quietened down quite a bit on calls for another Referendum.

Personally I always thought splitting the UK was daft, it would weaken both England and Scotland enormously, but I'm sure you're aware that there is a global move towards nationalism. So who knows what will happen in the future.

Anyway, when it affects us directly, as it does for many Brits married to not EU or Commonwealth citizens then there is something unfair with the system. When it affects us directly then we are more concerned than those sitting ion the sidelines.