Does my husband have the right to see our baby?
Answer:
Samantha - you need to state your own nationality before realistic advice can be given. If non EU - what is your UK status?
No - this is not a bad answer. I am a Chief Immigration Officer. If Samantha wants to know her options she needs to state these facts.
OK...thanks for the update. Now this is NOT legal advice nor official advice from the Home Office....it's just the way I see it from the information you provide. You have four options I think:
1) Apply for a SPOUSE visa for him. You say this is not an option so I guess you've checked out the requirements and found your personal circs wanting.
2) Apply for a VISIT VISA - more on that later.
3) Seek entry as a visitor without any entry clearance and tell the absolute truth. Could get in. Might not if the immigration officer is not convinced that short term visit is all that is intended. Very hard to convice that one is only coming to VISIT one's pregnant wife and (upon birth) child for a limited time.
4) Seek entry as a visitor and lie. This would be very very stupid. If attempted and discovered your husband would be refused entry.
So number 2 is your best option. If he has already applied for a Spouse visa and been refused then that would not help his cause as the entry clearance officer (ECO) might think he was trying to circumvent the spouse visa - but that would be a stupid thing to think because all an American needs to do is get a new passport (without any EC refusal endorsement) and travel to the UK - why ever would they apply for a visit visa.
I suggest that he needs to approach a UK embassy or consulate and be up front. "I'm married. Wife is a Brit (PROOF). She is in the UK. She's looking to emigrate to the USA to live with me (PROOF) but this will take a good while yet. She is pregnant and the baby is due on.. (PROOF). I don't want to live in the UK - my home and job are here (PROOF) but I want to visit for (less than six months) to suport my wife and be there for the birth of our child. I have no intention of circumventing the UK immigration controls but obviously - given my unusual circs - there is a possibility that a UK IS arrival officer might not believe me and refuse me entry. I wish therefore to apply for a visit visa - even though as a USA citizen I don't categorically need one. I appreciate that with such an EC I would be barred from switching visa category in the UK and that any application I made would be refused and I am 100% happy to declare that I have no intention of doing anything other than visiting for only a limited period before returning to the USA. I will provide any evidence that you require."
A visa IS your permission to enter and you cannot be refused entry unless it can be proven that you lied to obtain it. Get one - get in. Don't get one - take your chances. I think it's worth it.
Update your question if this doesn't give you the info you desire.
Children should be given a start in life and it's the responsibility of the parents to sort there mistakes out for new life's sake.
Thank George Bush and the "war on terror" for you woes.
Lucas V is an unintelligent, ignorant SOB who blames Bush for things totally unrelated to his actions, due to the fact that thats what other unintelligent people like to do.
The War on Terror has absolutely no correlation to immigration laws.
He also doesn't realize that hundreds of other political figures make the decisions in addition to Bush.
Finally, you should have to have your Visa in order to come into the US, as we are currently dealing with an immigration problem and broken borders.
Tell him to go on line and apply for a UK Visa before he comes and visits, he will tell them the situation and reason for visit. Then they will give him an appointment and he will go to the British Embassy and he will again explain how long he wants to stay and the reason for his stay and then they will decide. My husbands (and my hubby is not a US Citizen) sister was ill in the UK and he went to the embassy and explained the situation and they gave him a Visa on the spot, it might help if you send a letter and proof that you are pregnant and that you are married. I hope I helped Good Luck with the baby and I hope your husband can come and visit.
it would help if you told us where your from, if your outside UK just move to somewhere to London or Birmingham, illegal foreigners are going there all the time
I dont understand why if he has a passport he cannot come and visit you? I know of a couple here ,my brotherinlaw married a gal from UK,and brought her to America. And they are not with child.She waited for her visa and everything worked out.
I have to agree, LucasV is an idiot!!! Bush is the least of who is to blame for this war!!! It is the international banking owners which includes the Federal reserve bank here!! They want the control of the oil fields so they are trying to force it out from them and using all citizens of the members of the UN to carry it out, because they are the UN and we are their puppets untill we stand together and fight them in return!!! Now I am married to a woman from Barcelona and you can travel on your passport for up to I think 60 days, which that is the visa of stay!! Now longer then that you are risking, but I was over there for awhile myself and there are ways of doing it to stay longer periods, they have problems with illegals just like EVERY other country out there people!!! I have seen it and lived it!!! So start from there and ask people in Spain that can help you!!!
i thought the UK was part of the visa waiver program? can you not come in for 90 days?? or...did they deny you that right because you overstayed?? i am REALLY sorry for you!! i really think your husband will get his visa....just have faith and wait and see, don't get worked up until you know for sure. wish you the very best and congrats on your marriage and baby!
I don't think the right to see his child is an issue.
Hi,he can apply for a holiday visa.Think your best bet is to contact the British Embassy.Good Luck
The immigration information post by website user , MyTend.com not guarantee correctness