Did I apply for the right visa?

As far as withdrawing the FLR(M) app...does that then look better than allowing it to go through and be refused as far as ongoing history and future visas/citizenship?

Also, just a thought...would FLR(O) be an option...maybe for discretionary leave since the little one is now in the picture?

Yikes- I think you'd be best to see an immigration solicitor for the best advice possible!

Definitely a case where you want to use a solicitor. The very well-informed and helpful people here can point out potential problems with an application (age, switching, NHS use), but no one can offer any definitive advice if you want to try to stay in the country.

The only *legal* route is to return to the US and apply from there after you turn 21, like most here are saying. This doesn't mean that you can't try another approach, but for something like that you'll want a professional advising you.

The problem is the age. 

Have we seen anyone granted a visa being under 21, even with kids involved? 

The problem is the age. 

Have we seen anyone granted a visa being under 21, even with kids involved? 

No. Even well publicised cases with refusals where the applicant was under 21 the decisions were upheld during appeal.

This is definately a case where legal representation (and not the CAB) is strongly advised and should be heeded.

Thanks for all the help everyone, even though it's made me a worried mess!
As for the NHS stuff someone said it was our responsibility to find out if I am entitled to it and when we asked at the surgery they said that since I'm married to a british citizen that makes me automatically entitled to it for free. Now how do I find out what I need to pay back, I wasn't sent any bills for anything.

You need to contact the Private Patients Department of your NHS Primary Care Trust, explain to them that you are only a visitor and do not have a spouse visa to be present in the UK and are not eligible to free NHS Services and would like to have your services since your first arrival in the UK billed to you. This page clearly explains (under who is entitled to free NHS Hospital treatment) that even though you are the spouse of a person that is eligible (your husband) you yourself are not because you are a 'visitor': http://www.dh.gov.uk/en/Healthcare/Entitlementsandcharges/OverseasVisitors/Browsable/DH_074379


For those interested in further information on the 'Under 21' age rule there is a report from the House of Commons that was published earlier this year: http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-04927.pdf

For those interested in further information on the 'Under 21' age rule there is a report from the House of Commons that was published earlier this year: http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-04927.pdf

I didn't know there was an exemption introduced in April for members of the armed forces. Interesting.

... when we asked at the surgery they said that since I'm married to a british citizen that makes me automatically entitled to it for free.

This is essentially correct, and would be true as far as most NHS employees are likely to know.  People who are married to British citizens and have legal status in the UK (ie spousal visas or FLR(M)s) are automatically entitled to free-at-point-of-service care.  However, since you have only visitor status, your marital situation isn't relevant in terms of NHS.  Visitors, of any kind, will receive care but have to pay for it.  NHS employees are not immigration experts, and it's not their job to determine whether someone gets free care or not.  They weren't trying to mislead you, they just didn't have the relevant background knowledge. 

It is crucial to consider the source when you are taking advice about something as delicate as immigration.  Most people don't have a clue.  Read what the newspapers have to say about immigrants, and you'll see what I mean.  Always, always go to a professional who specialises in your particular situation.  You can possibly sort this all out, perhaps not entirely to your satisfaction, but it doesn't have to be a calamity IF you find the right person to advise you.     

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.

Do you know what the cost is for having a baby? I only had two midwife visits before she was born so I didn't have much antenatal care to pay for. Is there a site where I can find out the cost of it all without having to call somewhere and ask?

Do you know what the cost is for having a baby? I only had two midwife visits before she was born so I didn't have much antenatal care to pay for. Is there a site where I can find out the cost of it all without having to call somewhere and ask?

The charges would be different charges based on your Primary Care Trust. You need to speak to the Private Patients department with your Primary Care Trust in order for them to switch you to private pay and send you the appropriate bills. Plus you need to be switched over to private pay so that any treatment, prescriptions or other services (including family planning) must be paid for by you as well (until, if and when, such time you receive a proper visa). So there's no option of not contacting them plus it will look VERY BAD to UKBA as well that you've abused the system and continue to do so by not taking the proper steps to correct the situation.


Each of my antenatal visits with my midwife were £200 each (I had 3) and then I had a scan which was about £500. I subsequently left the UK and returned on a spouse visa and my private pay status wasn't updated properly when I registered for NHS as a spouse and I received a bill for the birth for almost £5,000.

In order to know what your charges will be you need to contact your Private Patients department of your Primary Care Trust.

I just have one more question: Now that I know my visa situation isn't going to work as it is I'm going to go ahead and pay the nhs bills and wait for my application to come back and say I'm denied then go back to america. My question is when I am 21 and I apply for a spouse visa do you think it will be approved, or would it be denied because of all this visa trouble I have now?
I want to put off going back to america for as long as I can so I don't have to be away from my husband for so long, but I don't want to be denied later because of it.

I'm no expert, but i'm inclined to say you should withdraw your application now BEFORE you're denied, as everything becomes much more complicated and takes longer once a visa denial is on record.  You're also in the country illegally once you pass 6 months, so it seems like it would be wise to leave sooner rather than later.

If you square away everything with the NHS, then the refusal won't prevent you from getting a spousal visa once you're eligible.  However, I'm inclined to agree with Lilybelle that the sooner you leave the better.  You applied wrongly but in good faith, based on bad advice.  Now that you know the rules, you should base your actions on that knowledge.  If you withdraw your application with a letter explaining your situation and saying you will apply properly once you're eligible, that could only help your case in the future.

I'm no expert, but i'm inclined to say you should withdraw your application now BEFORE you're denied, as everything becomes much more complicated and takes longer once a visa denial is on record.  You're also in the country illegally once you pass 6 months, so it seems like it would be wise to leave sooner rather than later.

About being here illegally after 6 months, I thought since my application is pending I'm allowed to be here until a decision is made? I read that somewhere on the UKBA website so I was sure at least I had that bit of information right.