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Q. My partner is a Canadian citizen who has been in the UK on a tier 5 youth mobility scheme since April 2009. We have been together for around 3 years and we spent the first year traveling back and forth from Canada & Scotland to be together (I am a UK citizen). We have recently fallen pregnant together and we are planning on getting married in January 2011, with the baby being due around May. My partners visa runs out April 2011 (1 month before our due date) and we are wondering if anyone can give us any ideas about her staying in the UK to have the baby.
The youth mobility scheme doesnt seem to offer too much options from what I have read on the government websites so we are wondering if anyone out there has been in the same situation or if anyone else has a better knowledge than us.
We would be grateful if you could give us any guidance from the above information and let us know what our options are about my partner remaining in the UK after April 2009. Can we apply to have her visa status changed? Is she entitled by law to remain here to have the baby as I am a UK citizen? Any information/guidance anyone can give us will be greatly appreciated.
Thanks in advance
Thanks for your answer Ozmaniac.
We are both older than 21 so that shouldn't cause a problem.
As the father of the child and myself being a UK citizen, why on earth would the person who is carrying my baby not be allowed to have the birth in th UK. Basically the government are telling me that I dont have any rights have the birth of my child in my homeland. Does that seem right? It seems very very steep to me.
This is one of the many reasons I have been thinking about leaving this country, never to return.
The youth mobility scheme doesnt seem to offer too much options from what I have read on the government websites so we are wondering if anyone out there has been in the same situation or if anyone else has a better knowledge than us.
We would be grateful if you could give us any guidance from the above information and let us know what our options are about my partner remaining in the UK after April 2009. Can we apply to have her visa status changed? Is she entitled by law to remain here to have the baby as I am a UK citizen? Any information/guidance anyone can give us will be greatly appreciated.
Thanks in advance
Thanks for your answer Ozmaniac.
We are both older than 21 so that shouldn't cause a problem.
As the father of the child and myself being a UK citizen, why on earth would the person who is carrying my baby not be allowed to have the birth in th UK. Basically the government are telling me that I dont have any rights have the birth of my child in my homeland. Does that seem right? It seems very very steep to me.
This is one of the many reasons I have been thinking about leaving this country, never to return.
Answer
The YMS section of the UKBA website states:
"While you are in the United Kingdom under the youth mobility scheme, you are not allowed to switch into any other category of the points-based system or in to a visitor route."
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/youthmobilityscheme/eligibility/whocanapply/
Applying for permission to remain as the partner of a British citizen is neither on the points-based system nor is it a visitor route so after your marriage, there is nothing in the YMS restrictions to stop her applying to remain as your partner if all other requirements are met. You must both be over 21.
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/
Because your partner is subject to immigration control, she will probably need to apply for a Certificate of Approval to marry. The procedure and any grounds for exemption from the requirement are detailed on the following:
http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/
She has no entitlement to stay in the UK just because she is having a child with a British citizen and I can't see any other way for her to stay if she is under 21 and therefore ineligible to stay as your partner.
EDIT:
I know it's difficult to accept, but every country has the right to control as far as possible, who stays in that country and they do that by the issuing of visas to enable them to stay legally. If they simply allowed people who were part of a couple that was expecting a child to stay purely on that basis with little or no evidence of commitment to the relationship, the floodgates would open and every second student and visitor would be doing it. I know that Australia, Canada, the USA wouldn't allow her to stay unless she qualified for a spouse/partner visa and don't know of any other developed country that would be any different.
You intend marrying in January and your partner's visa doesn't expire until April so sorry, but I really can't see any problem. Just have her apply to stay on the basis of her marriage to a British citizen and she
will not only be able to stay for the birth but for as long as she wishes after that and, if I understand correctly the way things work in the UK, she'll even be able to have the NHS pick up the tab for the last stages of the pregnancy and the birth. Have I missed something?
EDIT:
My apologies for confusing the issue further, but it has just been pointed out to me (by Maggie, arguably the most knowledgeable authority on UK immigration on Answers), that elsewhere on the UKBA site, it states "there is no right to apply to live permanently in the United Kingdom (known as 'settlement' or 'indefinite leave to remain') if you are here under the youth mobility scheme under tier 5 of the points-based system.
You cannot apply for settlement from tier 5 and the time you spend in any tier 5 category will not count towards any settlement you may apply for in the future."
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/youthmobilityscheme/settlement/
I believe that the statement above is very ambiguous because applying for limited leave to remain for a spouse is not applying for settlement, but I confess that I'm no longer sure that your partner will be able to stay on as I suggested above. I think you need professional advice. Start with the UKBA, but be prepared to pay for advice from an immigration lawyer or agent.
Good luck to both (all!) of you - hope it all works out without too many problems.
The YMS section of the UKBA website states:
"While you are in the United Kingdom under the youth mobility scheme, you are not allowed to switch into any other category of the points-based system or in to a visitor route."
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/youthmobilityscheme/eligibility/whocanapply/
Applying for permission to remain as the partner of a British citizen is neither on the points-based system nor is it a visitor route so after your marriage, there is nothing in the YMS restrictions to stop her applying to remain as your partner if all other requirements are met. You must both be over 21.
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/
Because your partner is subject to immigration control, she will probably need to apply for a Certificate of Approval to marry. The procedure and any grounds for exemption from the requirement are detailed on the following:
http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/
She has no entitlement to stay in the UK just because she is having a child with a British citizen and I can't see any other way for her to stay if she is under 21 and therefore ineligible to stay as your partner.
EDIT:
I know it's difficult to accept, but every country has the right to control as far as possible, who stays in that country and they do that by the issuing of visas to enable them to stay legally. If they simply allowed people who were part of a couple that was expecting a child to stay purely on that basis with little or no evidence of commitment to the relationship, the floodgates would open and every second student and visitor would be doing it. I know that Australia, Canada, the USA wouldn't allow her to stay unless she qualified for a spouse/partner visa and don't know of any other developed country that would be any different.
You intend marrying in January and your partner's visa doesn't expire until April so sorry, but I really can't see any problem. Just have her apply to stay on the basis of her marriage to a British citizen and she
will not only be able to stay for the birth but for as long as she wishes after that and, if I understand correctly the way things work in the UK, she'll even be able to have the NHS pick up the tab for the last stages of the pregnancy and the birth. Have I missed something?
EDIT:
My apologies for confusing the issue further, but it has just been pointed out to me (by Maggie, arguably the most knowledgeable authority on UK immigration on Answers), that elsewhere on the UKBA site, it states "there is no right to apply to live permanently in the United Kingdom (known as 'settlement' or 'indefinite leave to remain') if you are here under the youth mobility scheme under tier 5 of the points-based system.
You cannot apply for settlement from tier 5 and the time you spend in any tier 5 category will not count towards any settlement you may apply for in the future."
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/youthmobilityscheme/settlement/
I believe that the statement above is very ambiguous because applying for limited leave to remain for a spouse is not applying for settlement, but I confess that I'm no longer sure that your partner will be able to stay on as I suggested above. I think you need professional advice. Start with the UKBA, but be prepared to pay for advice from an immigration lawyer or agent.
Good luck to both (all!) of you - hope it all works out without too many problems.
What do y'all think of Africa now..?
Q. I read off the news that Africa is having a starvation a child at the age 5 is 20.2 pounds a 4 year old is 15.3 pounds and a baby is as light as a feather, The people have no water or food..I feel bad. What do y'all think..?
Answer
As much as it is a tragedy that people are starving, I would rather the issue be handled locally. First off. a lot of first world nations are going through an economic crisis. Perhaps African nations could put together a pan-African fund to help those people in poor condition.
A major problem is the leadership of a lot of Africa. They don't seem to want to help their own people, but are in favor of enriching themselves. I read a piece on Robert Mugabe who had already spent $20 million on travel this year alone.
Mugabe spends US$20 million on travel in 6 months
By Tererai Karimakwenda
28 July, 2011
Figures published by a daily newspaper in Zimbabwe have revealed that Robert Mugabe spends an extravagant amount of money on foreign travel, gobbling up over US$20 million so far this year. According to the Daily News, that amount is âway beyondâ Mugabeâs US$15 million travel budget for the year.
In comparison the paper said Prime Minister Morgan Tsvangirai and his deputies have so far spent just US$3, 7 million, or almost three quarters of their US$5 million travel budget for the year.
Using statistics from the World Health Organisation (WHO), the paper calculated that travel expenses for government officials were âenough to finance anti-retroviral treatment for almost 600 000 people for six straight months in a public health system.â
Also you have to question to yourself why this issue is being reported on. They want people to donate aid...but given the political instability of Somalia, there's no guarantee of aid reaching the people who need it. They need stable governments and some agricultural policy changes.
As much as it is a tragedy that people are starving, I would rather the issue be handled locally. First off. a lot of first world nations are going through an economic crisis. Perhaps African nations could put together a pan-African fund to help those people in poor condition.
A major problem is the leadership of a lot of Africa. They don't seem to want to help their own people, but are in favor of enriching themselves. I read a piece on Robert Mugabe who had already spent $20 million on travel this year alone.
Mugabe spends US$20 million on travel in 6 months
By Tererai Karimakwenda
28 July, 2011
Figures published by a daily newspaper in Zimbabwe have revealed that Robert Mugabe spends an extravagant amount of money on foreign travel, gobbling up over US$20 million so far this year. According to the Daily News, that amount is âway beyondâ Mugabeâs US$15 million travel budget for the year.
In comparison the paper said Prime Minister Morgan Tsvangirai and his deputies have so far spent just US$3, 7 million, or almost three quarters of their US$5 million travel budget for the year.
Using statistics from the World Health Organisation (WHO), the paper calculated that travel expenses for government officials were âenough to finance anti-retroviral treatment for almost 600 000 people for six straight months in a public health system.â
Also you have to question to yourself why this issue is being reported on. They want people to donate aid...but given the political instability of Somalia, there's no guarantee of aid reaching the people who need it. They need stable governments and some agricultural policy changes.
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