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Engaged to a British citizen on a visit visa and now pregnant, how can I stay back in the UK during my pregnancy?

My stepdaughter arrived in UK 13th June 2016 on a standard visitor's visa expiring 19th December 2016. A Mauritian national. Return ticket 12th October met up with her partner, a British citizen (also 28 year old) via facebook then progressed to a genuine and subsisting relationship. Both side of parents are in favour and happy. My step daughter is living with her new partner and the parents who are very much involved 7th Sept 2016 disclosed that she is pregnant 9th sept 2016 took and passed English language test. Has the certificate 10th Sept 2016 both got engaged with close families present a religious wedding is now planned for the 9th October 2016 Baby due 18th May 2017 (28 weeks) On expiry of visa 19th Dec 2016 she will be 14 weeks pregnant. Due to her pregnancy and both parents want her to remain in UK Can you see a solution? Please help us with a good immigration advice on this matter.

Our response

To summarise your enquiry, I can see that your step daughter is currently engaged to a British national and they are both expecting a child and are planning to get married. However she is currently on a visit visa.

A few options are available to you: -

Option 1 - Fiancé visa - This visa route helps your step daughter apply for a 6 months visa to remain in the UK with the intention to get married within 6 months after which they can switch to a spouse visa in the UK. Please note that your step daughter would have to make this application from outside the UK.

Option 2 - Spouse visa - Your step daughter and her partner can also make a spouse visa application after they have gotten married. Please note that religious marriages may not count unless they are legally recognised in the country in which the marriage was conducted.

The only time she can make any application from inside the UK whilst on a visit visa is if she can show that she is not fit to fly. Either as a result of her been pregnant for more than 7 months or any other such thing including medical conditions preventing her from flying.

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