UK Spouse Visa If Pregnant

What To Do If You Become Pregnant During The UK Visa Application Process

If you are a foreign national, who has applied for a visa to remain in the UK and, during the processing stage, you have become pregnant. The options available depend on your current visa, your partner’s immigration status, and your intentions for remaining in the UK.

If you have a valid UK Spouse Visa and become pregnant, there’s no need to inform the Home Office. Your child will automatically be eligible for UK citizenship once born.

However, if you have a valid Skilled Worker Visa, you can switch it over to a UK Spouse Visa and this avoids having to return back home to apply. 

To do so, you must meet the eligibility requirements. Such as, being married to your partner who must be a British citizen or has settled status here in the UK.

You will need to return to your home country to apply for the spouse/partner visa if you are in the UK and become pregnant on a visitor visa. 

In this case, while not mandatory, informing the Home Office about your situation can help to strengthen your Spouse Visa application. 

Being pregnant during your UK visa application can be a stressful time. With careful planning and expert advice from experienced immigration lawyers at IAS can ensure your visa application is successful. Contact us at 0333 305 9375 or message us online.

Applying For A Spouse/Fiancé Visa Inside The UK While Pregnant

To apply for a Spouse/Fiancé Visa while pregnant, you must meet the following criteria. This includes being married to or engaged to a British citizen or someone with settled status. For example, they have indefinite leave to remain, or proof of permanent residence.

Additional criteria include:

• You must both be at least 18 years old at the time of applying.
• You both must genuinely intend to live together permanently in the UK.
• You and your partner must be earning at least £29,000 (as of April 2024; this is set to rise in increments throughout 2024 and 2025).
• You must demonstrate sufficient English language skills. You may need to take a test.

Applying For A UK Spouse Visa From Abroad While Pregnant

The main eligibility requirements needed to apply for the partner visa from outside the UK remain the same if you apply from inside the UK while pregnant.

However, because you don’t live in the UK with your spouse, you may not have evidence that you live together as partners. In this case, you’ll need to prove that you have an ongoing commitment to each other by providing evidence that shows that you:

• communicate regularly with each other
• support each other financially
• care for any children you have together
• spend time together as a couple, e.g., on holiday or at events

When applying for a spouse visa from a foreign country, you must apply online, the same as when applying from within the UK. However, the processing time isn’t the same. When applying from within the UK, the processing time is 8 weeks but when applying from outside the UK, it’s 24 weeks. If you wish to be reunited with your partner before it’s time to give birth to your baby, it may be best you apply for a priority or super priority visa so you get a decision within 30 days or a day, respectively. Also, it’s advisable that you contact a lawyer to ensure your application is done right.

Application Process

The application process for the UK Spouse Visa is completed online. This applies when applying from abroad or from inside the UK. This step by step guide will help you apply.

Step 1: Gather documents:

To apply for a partner visa to come to the UK, you need to provide several documents, these may include:

• A completed application form and application fee.
• A valid passport with a blank page and two passport-size colour photos.
• Evidence of your genuine relationship (e.g. shared bills, photographs).
• Proof you meet the English language requirements (e.g. CEFR exam certificate).
• Proof you meet the financial requirements (e.g. bank statements, pay slips).
• Proof of your parents’ date of birth and nationality, if applying from outside the UK.
• Details of any previous immigration applications, if any.
• Details of any criminal convictions.
• Your partner’s national insurance number (if they have one).
• Proof of accommodation in the UK.
• Biometric information (fingerprints and a digital photograph).
• Depending on the country you are from, test results for the tuberculosis exam.

As part of the application, it is important to ensure that the documents are translated into English. Failure to do this may lead to your application being refused or delayed.

Step 2: Submit Application:

Whether you are applying from inside the UK or from abroad you will need to complete the online form at the UK Visa & immigration website. 

After completing the form, you will be able to pay the visa fee.

The fees are as follows, the application fee is £1,048 if applying from inside the UK. The fee is £1,846 if it is made from outside the UK.

Step 3: Biometric enrolment:

After completing the form, you are required to attend a biometric appointment at your local Visa application centre in your home country. They will take your fingerprints and a photograph.

Step 4: Wait A Decision:

Once you have submitted everything, the UKVI will assess your application and make a decision. Expect it to take longer when applying from abroad compared to the UK.

Learn How to expedite spouse visa

To speed up the process, you can choose the super priority service (costs £1,000). It is ideal if nearing your due date, as you get a decision the next working day. Alternatively, choose the standard priority service (costs £500), to receive a decision in 5 working days.

Step 5: Collect Visa:

If your application has been successful the UK Home Office will notify you. You can stay for up to 33 months on this visa, or 6 months as a fiancé(e).

If denied a visa, you can appeal. At this time, it is recommended to consult an immigration lawyer specialising in UK visas. The Immigration Advice Service can help prepare your appeal and ensure it has the best chance to succeed.

What If Your UK Spouse Visa Is Refused While Pregnant?

If your visa is refused while you are pregnant there can be several reasons why this has happened. Such as not meeting the financial requirements, proof of relationship, or the English language test has not been fulfilled.

Other reasons may include:

• Inaccuracies, missing documents, or issues with translations.
• Providing false or misleading information on your application.
• Having a criminal record that impacts your admissibility.

Appeal Process and Timeline

If denied a visa, you have 28 days to appeal the decision. If you wish to appeal, you will have to prepare and submit a statement outlining your grounds for appeal. You may also need to submit additional evidence that can help to support your case. It can take many months to receive an answer. Make sure that you are well prepared before submitting an application.

Reapplying for a Visa:

The good news is that you can reapply for the visa even before the appeal process is finalised, generally it is best to wait for the outcome of your appeal first. If you choose to reapply, make sure to address the exact reasons you were refused before.

At this stage, it is recommended to consult with an expert lawyer. The immigration Advice Service specialises in UK visa refusal matters. Contact us at 0333 305 9375 or message us online so we can submit an appeal. 

Giving Birth While Visiting The UK

Giving birth to your child when visiting the UK, you’re generally not entitled to free care from the NHS unless it is for an emergency, such as:

• The need for urgent treatment during pregnancy.
• Having a pre-existing health condition.

If you are not eligible for free care, you’ll be charged for any services that you receive from the NHS. The costs can vary depending on the level of care that you receive.

You can pay for private health insurance that covers pregnancy and childbirth. Only do this if you expect to face charges from the NHS.

Applying for a Visitor Visa Extension

You can apply for a visa extension if you are facing childbirth in the UK and your current visa is set to expire. However, this is only allowed if you are:

• a patient receiving medical treatment
• an academic and you still meet the eligibility requirements
• a graduate retaking the Professional and Linguistic Assessment Board (PLAB) test or doing a clinical attachment

Do ensure you don’t overstay your permission as a visitor, or else you may be barred from coming back to the UK. 

Visa extensions are not guaranteed, so you may have to leave the UK before the birth. In this case, you must:

• Check airline policies regarding pregnancy, especially in the third trimester.
• Assess options for prenatal and delivery care in your home country.
• Plan your return to the UK with a newborn, such as obtaining a UK passport and obtaining your spouse visa.

Rights Of A Child Born To A Parent On A Spouse Visa In The UK

Being on a spouse visa means your partner has British citizenship or settled status. As such, the child is automatically a British citizen at birth. However, if you were on some other visa, such as a dependent of a work visa, then the child will need to be registered as a child dependent as well.

Do You Need A Lawyer To Apply For A Spouse Visa If Pregnant In The UK?

While using a lawyer isn’t a mandatory requirement to apply for a visa to move to the UK, hiring one for advice can help your case when applying for a UK Spouse Visa while pregnant.

They can offer expert advice and have knowledge of UK immigration laws and regulations, and can help to ensure you have a high-quality application.

• The expertise and experience of lawyers who specialise in immigration law can help to ensure your case is of the highest quality.
• Expert Lawyers can ensure your application is complete and accurate.
• If you’re facing complications like financial constraints, travel restrictions, or other issues due to pregnancy, a lawyer can guide you through the process.
• In case of refusal, a lawyer can expertly handle the appeal process.

For expert support, kindly seek help from experienced lawyers at IAS. We can help to improve your chances of obtaining a visa. Contact us at 0333 305 9375 or message us online to discuss your visa application and the process.