Delaying return to UK until after birth of 1st child

Old Dec 22nd 2018, 7:57 pm
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Default Delaying return to UK until after birth of 1st child

Hello all, I was hoping someone could clear up the following question for me.

Firstly let me make clear that when we applied for my wife's visa she was not pregnant so the visa has been issued on that basis.
In the last couple of days my wife ( a Chinese national) has finally been granted a family settlement visa for the UK. However we are now considering delaying departure to the UK to allow for the birth of our first child. This delay would likely be anything up to 7 months from now. Is this something we will be able to do?

Thank you in anticipation of your response.
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Old Dec 23rd 2018, 10:25 am
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Default Re: Delaying return to UK until after birth of 1st child

As you can see from your wife’s visa she has a 30 day window to travel to the UK to collect her BRP. I would recommend doing this. She can then either choose to remain in the UK to give birth or return to China and give birth there.

Are you British-born?
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Old Dec 23rd 2018, 10:53 am
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Default Re: Delaying return to UK until after birth of 1st child

Hi, yes I'm a UK resident myself.

Thanks for your response. I'm not sure if this is something we would consider doing, primarily due to the issue of having my wife make two 12 hour flights in a relatively short period of time but she is also still in work at present and would be unable to take the time off from that. One of the reasons that we are considering remaining in China is because she would receive 5 months paid maternity leave if she has the child whilst still employed by her company so would only want to leave the job if not returning to China. We have not collected the 30 day visa from the visa office yet, can we delay doing this indefinitely?
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Old Dec 23rd 2018, 11:47 am
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Default Re: Delaying return to UK until after birth of 1st child

Originally Posted by onepercentof1
Hi, yes I'm a UK resident myself.
Born in the UK?

Thanks for your response. I'm not sure if this is something we would consider doing, primarily due to the issue of having my wife make two 12 hour flights in a relatively short period of time but she is also still in work at present and would be unable to take the time off from that. One of the reasons that we are considering remaining in China is because she would receive 5 months paid maternity leave if she has the child whilst still employed by her company so would only want to leave the job if not returning to China. We have not collected the 30 day visa from the visa office yet, can we delay doing this indefinitely?
No. The vignette will expire whether you decide collect it or not.

You could forget the whole thing and reapply at a time that suits you better but you will lose your fee and would need to start the process from scratch. Whether that’s worth five months of paid maternity I leave up to you.
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Old Dec 23rd 2018, 9:05 pm
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Default Re: Delaying return to UK until after birth of 1st child

Just one final question. I have noted that another vignette can be applied for should the 30 day validity of the initial one expire. Do you know if this would be a possibility for us?
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Old Dec 24th 2018, 12:14 am
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Default Re: Delaying return to UK until after birth of 1st child

Originally Posted by onepercentof1
Just one final question. I have noted that another vignette can be applied for should the 30 day validity of the initial one expire. Do you know if this would be a possibility for us?
You could apply for a Transfer of Conditions (vignette replacement), but the new vignette will need to be applied for before the current one expires, and will also have a 30 day validity date. See number 3 in the linked document https://www.gov.uk/government/public...g-a-visa-ecb17

For reference if you need to ask further questions - if you wish to receive the most accurate information for your particular circumstances, then you need to provide the information requested.

Last edited by spouse of scouse; Dec 24th 2018 at 12:17 am.
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