Did I apply for the right visa?

I was advised by LoveMyBrit to come here and explain my situation and get some feedback on if I'm doing it right. I'll tell it from the start:
January 2009 - We met online playing a game and were just friends.
September 2009 - He came to america to meet in person, I got pregnant! =)
January 2010 - He came to america again, we talked about getting married.
February 2010 - He came to america again and we got married on the 24th!
April 2nd 2010 - I came to england on a 6 month tourist visa to check it out and decide if we will live here or in america. I loved it!
June 2010 - Our baby girl was born here in Durham! She's a british citizen =)
September 2010 - I called the CAB and was told the form I need is FLR(M).
October 1st 2010 - I sent out my form FLR(M), one day before visa ran out! Was sent a letter about getting biometrics done soon after and got all that done too.

More details: I'm 19 years old, will be 20 next month. My husband is 23.

Oh dear.  Sorry to tell you but no, you cannot switch to FLR(M) from a visitor visa.  Unfortunately, you are not eligible for a spouse visa either because you are too young.  The minimum age is 21.  I'm really sorry

Here's the Immigration Law on the Under 21 rule:

Spouses and civil partners

277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 21 (or aged under 18 if either party is a serving member of HM Forces) on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted.

 and the No switching Rule:

3.1. Key points

As stated above all of the relevant provisions must be referred to when considering applications for leave to remain in this category, but in general caseworkers need to be satisfied that:

-the applicant has limited leave to remain in the United Kingdom in accordance with the Immigration Rules, other than limited leave to enter for 6 months or less (unless the leave in question is limited leave to enter as a fiancé(e), in which case 6 months is acceptable) and has contracted a valid marriage, which is recognised in this country, to a person who is present and settled here;

-the marriage is subsisting and that the couple intend living together permanently as husband and wife.

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.

ETA: I hope that you've made arrangements to pay for the birth of your child and all your pre-natal care as well because as a visitor you're not eligible to NHS treatment either and using the NHS when you're not eligible can be used to refuse visa applications under Immigration Law section 320(11).

April 2nd 2010 - I came to england on a 6 month tourist visa to check it out and decide if we will live here or in america. I loved it!

Just curious, because many American tourists get grilled when they come over here...how was the questioning by the IOs when you entered?

Did they know you were coming to look at potentially living here, or did you tell them you were just coming as a tourist? In fact, did they know at the time you were married?

Does the bambino make a difference in this case?
I thought that they normally wont split up families that are together even if one parent isn't in the country legally...

Does the bambino make a difference in this case?
I thought that they normally wont split up families that are together even if one parent isn't in the country legally...

It will probably be an automatic refusal and will need to be taken to appeal which can take about a year to resolve. If so, I would recommend professional assistance from an Immigration Solicitor.

ETA: I've seen appeals granted on the no switching rule and descretionatory leave granted, but never on the under 21 rule which is pretty hard and fast. But I see no way this application will be successful and it probably will have to go to appeal in order to have any chance.

It will probably be an automatic refusal and will need to be taken to appeal which can take about a year to resolve. If so, I would recommend professional assistance from an Immigration Solicitor.

An appeal will be expensive and take ages, the OP will not be allowed to work during that time, plus she is liable for the hospital costs as Weby said, honestly if I were in those shoes, I would withdraw the FLR(M) app right away and go back to the US until I could legally apply for a spousal visa.  Or, might it be an option for you to live someplace else in the EU, Ireland  say, for a year until you can return to the UK?

I just posted a reply but it seems to have disappeared, sorry if I'm posting this twice.
Coming in the IO didn't ask much at all, I came in through the Newcastle airport it seemed like a small place not very busy so maybe he was just lazy! The conversation went just like this:
IO: What's the reason for coming here?
Me: I've just got married and I want to see what it's like here, I've never been outside the states!
IO: Is your husband traveling with you today?
Me: Yes he's right over there *points to him*
IO: *stamps my passport* Alright, have a nice trip!

And as for the NHS stuff, why didn't they tell me I wasn't allowed to use it? I just walked in the surgery and signed up, was sent an NHS number, seen my a midwife and all that. I even told the midwife and health visitor that I was here on a tourist visa and they never mentioned anything about it leading to me being in trouble over it.

Are they going to deport me and take me away from my baby? Can they do that? What should I do?

I don't know much about newborns, but what sort of hospital costs?

The OP has stated the baby has already been born. I've not had a baby myself, but do babies have to go back into the hospital, or we talking regular checkups for a newborn via the NHS presumably?

Or are we talking about the fact that the baby was born at the NHS and was not eligible for heathcare? Sorry I'm confused but learning more about the NHS myself at the moment.

An appeal will be expensive and take ages, the OP will not be allowed to work during that time, plus she is liable for the hospital costs as Weby said, honestly if I were in those shoes, I would withdraw the FLR(M) app right away and go back to the US until I could legally apply for a spousal visa.  Or, might it be an option for you to live someplace else in the EU, Ireland  say, for a year until you can return to the UK?

I can't go back to the US now I would be homeless and I would be torn to pieces leaving my baby girl here without me. She isn't registered in america she's a citizen here and she has no passport. This is scary now I was told everything would be fine and I thought I was doing everything right, now suddenly I could have my whole family ripped away from me and be left on the street alone. Bad day!

I wouldn't automatically assume the worst case scenario. I think the folks here are quite knowledgeable and just trying to get the information to help direct you. /hug!

Relax, you can get your baby registered with the US embassy and get her a passport.  She is a US citizen and you don't have to leave without her.  Do you have any family you could stay with in the US?  You are unlikely to be deported, but as I said, were I in your shoes, I would try to get out of the UK as soon as I could. 

And as for the NHS stuff, why didn't they tell me I wasn't allowed to use it? I just walked in the surgery and signed up, was sent an NHS number, seen my a midwife and all that. I even told the midwife and health visitor that I was here on a tourist visa and they never mentioned anything about it leading to me being in trouble over it.

Are they going to deport me and take me away from my baby? Can they do that? What should I do?

Unfortunately the NHS thing is one of those "ignorance of the law is no excuse" situations. i.e it was your responsibility to work out if you were entitled to free at point of contact NHS, not your health visitor etc. To be fair, they may not even know, lots of people in the NHS just don't think about billing, it never occurs to them.
But yes, you are responsible for your NHS costs and it may complicate applying for visas in the future.

They may have you removed, I don't know. I think because of the baby it makes it much more complicated. I would get your baby their US passport ASAP.

You should consult a proper immigration solicitor as webyJ recommends as your case is going to be very complicated whatever you choose to do.

The simplest solution I could see would be to return to the US and wait until you are 21 to and apply for a spousal visa.


x-posted with historyenne

I don't know much about newborns, but what sort of hospital costs?

The OP has stated the baby has already been born. I've not had a baby myself, but do babies have to go back into the hospital, or we talking regular checkups for a newborn via the NHS presumably?

Or are we talking about the fact that the baby was born at the NHS and was not eligible for heathcare? Sorry I'm confused but learning more about the NHS myself at the moment.

The baby is eligible for NHS as a British Citizen. However the mother, as a visitor, is not so any treatment the mother received or is receiving needs to be delt with as a private pay patient. It's what I had to do with my antenatal care as a visitor a few years back and it hasn't changed. Thankfully I returned to the US and got my spouse visa to return to the UK and was able to register as an NHS Patient before the birth of my daughter.

It is the individuals responsibility to not use a system they're not entitled to use. The OP could have still had her midwife and birth, she just needs to pay for it herself not the British Taxpayer.

As always Weby, thank you for the clarification and your guidance!