Any immigration experts able to advise?

Ithaca

I would appreciate any advice re. an immigration question my wife's family is dealing with.

Here's the position as best I understand it (it's all a bit unclear, so I appreciate giving proper advice if details are missing will be hard... please let me know if so and I shall go back and ask).

TL;DR: Brother-in-law's partner of less than a year is pregnant but has to return to her own country in South America before the birth as her visa will run out; they don't earn lots of money and he has absolutely no connection with South America so him moving there would be a massive challenge. Is there any way she can legally stay in the UK to have the baby (and then remain afterwards)?

Situation in summary is:
- Wife's brother is mid-20s and is a British citizen (from birth)
- His partner, also early- to mid-20s, is from South America and is in the UK on a short-term work visa; she has been working in the EU for a couple of years as an au pair with regular trips back to her home country (I assume to renew work visas).
- They have been together for approx. 1 year; they are not married (and have no plans to get married) and only started living together 4-5 weeks ago.
- She is pregnant and is due in summer 2018 (first child).
- Wife's brother has never been to South America and wouldn't know where to start if he moved there.
- Her visa runs out in a couple of months and she would need to return to South America before her due date.
- I don't believe he earns more than £18k/year but ought to get able to find something that pays over £20k/year if he pulls his finger out; she doesn't currently work at all.

From my reading around so far I believe that because they have been together less than two years, have no firm plans to marry, and probably don't earn over £18,600/year between them she will struggle to qualify for a family visa?

Couple of immediate questions:
1) I did read a statement that there can be an exception to the two year rule if "there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that couldn’t be overcome". Would his having absolutely no connection with South America or marketable skills to find work over there qualify for this?

2) Could she return home, re-apply for a short-stay visa and have the child in the UK (assuming processing times allow)? Does the two-year "living together" rule allow for breaks to re-apply for a visa (i.e. is the two years cumulative or consecutive, and if the latter what is the maximum reasonable break allowed)? Seems like a catch-22 if not.

3) Am I also right to assume that the child, even if born in South America, would be a British citizen by descent (assuming no issues with confirmation of paternity)?

4) And finally is there an option for other family members (e.g. wife's parents) to "sponsor" or act as guarantors in lieu of them meeting the earnings threshold?

Thanks for reading this far - wife's family are from a small valley village in South Wales so this is very uncharted territory for them, and we are trying to work out what steps to take first.

miriamac

You/he/they need to get specialist advice to cover your questions on

- immigration/visas/staying here/ leaving and trying to come back

- nationality

- access to the NHS

The individual issues are complex enough. Put them all together and you really need to talk to a specialist to get your answers.

Savvy_Sue

Plus I believe it's an offence to give immigration advice if you're not suitably qualified to do so.

jetplane

Savvy_Sue is correct you need a licence / registration to give immigration advice... and all of the facts and evidence, not hearsay. Any misleading advice, however well intentioned can jeopardise a case.

chesky

They will definitely need a solicitor specialising in immigration law. If they don't know of one, their local CAB should be able to refer them to one who will give them free initial advice.

silvercar

On the face of it -

short term relationship

visa running out

no plans to marry

the only long term connection is that she is having his kid.

Ithaca

Thanks all. As per Silvercar's point, on the surface it's a great example of exactly what the rules are there to scrutinise (short-term relationship, not financially stable etc).

It sounds like an initial consultation with an immigration lawyer is the most sensible next step so we will encourage them down that path.

pinkshoes

A friend of mine had a similar situation except that they were married. She was also pregnant.

She had to return to her native country to renew her visa and had it declined!!!

It cost them a small fortune to get the decision overturned and prove the whole thing wasn't a set up for a uk visa. Pregnancy snd marriage wasn't sufficient!

They are still together 12 years later with two kids and living in the uk.

Comms69

Savvy_Sue wrote: »

Plus I believe it's an offence to give immigration advice if you're not suitably qualified to do so.

presumably paid advice, anyone can still say whatever they like as an individual.

BorisThomson

Comms69 wrote: »

presumably paid advice, anyone can still say whatever they like as an individual.

Not just paid advice, the limitations apply to the voluntary sector also.

Comms69

BorisThomson wrote: »

Not just paid advice, the limitations apply to the voluntary sector also.

Fair enough, I guess 'professional' would be more apt