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Topic: Spousal visa denied-appeal in process, arrived on visitor's visa, now pregnant!  (Read 7166 times)

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I need some with knowledge of the UK system to help me before I loose my mind.
I am a US citizen married to UK citizen. 11months after DH and I got married, we applied for a spousal visa after several headache from the UK immigrations as I was visiting him regularly on visitors visas. The spousal Visa was denied few days before I was due to fly back to the UK. We started the appeal process immediately with the help of a company that deals with issues as such. I still had a 6 months multiple entry visa (5 months prior) that I applied for which wasn't due to expire for another 10 days. We assumed since it was a 6 months multiple entry visa that as far as I entered the country before it expires, I would be allowed to stay a maximum of 6 months.
When I arrived, Immigration had a field day with me and the DH (interviewing us separately), fingering printings and many more. I was finally released after 10hours!
My passport was stamped but they didn't put a date to depart by (as they had once done before), and I was verbally told that I should leave the country before the visa expires in 10 days. The next day my husband spoke to an immigration solicitor who asked my husband to come in with my passport so he can verify the stamps. He explained to us that I could stay in the country for up to six months because the stamp that was placed in my passport was the normal 6 months stamp and not one which limits your stay i.e. leave by 27/3/2011. He said that it is a sort of unwritten rule, code, etc.
We received the letter confirming that our Appeal has been received and we should get a hearing date before the end of may 2012. I do have plans of leaving the UK around the same time so we are hoping things will work in our favor so I can be back into the country within a few weeks.
The issue now is we just found out we are pregnant and I would like to know what options I have in regards to NHS maternity care? I have read a link someone posted saying that one is entitled to NHS if they are in the process of an appeal? If I am visiting my husband who is self employed?
Other places say the it is up to the GP if they will see you. Some say I have to pay out of pocket. The people at the GPs offices seems clueless of proper NHS regulations. Some keep saying is at the discretion of the GP. But isn't there a law that explains what every GP should do in a situation like this?
Please kindly share your knowledge, Thank you.


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How many weeks pregnant are you?

You maybe be able to just pay for a scan or two as you'll be back in the USA by time the baby is due?

With regards to doctors etc, a lot of GPs will see you as private patient for about £50. 


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You are NOT entitled to use the NHS for free while on a visitor's visa. It doesn't matter that your DH is a British citizen, you are still not eligible. You will have to pay for any services you use and a lot of times, that means insisting on paying, even when the people at the office tell you you don't need to. Failing to do so can get you in hot water with immigration down the road. On a visitor's visa, you are only eligible for free emergency care in A&E and at family planning clinics. Nothing else and don't let anyone tell you any differently.


Just to echo here.

You're not entitled to use the NHS for any maternity care...only treatment in an A&E department or urgent care or family planning clinic.

You will have to pay out of pocket for any services and if you don't it can result in further visa troubles which it sounds like you really don't need.

Just an FYI I had maternity care as a visitor and the initial appointment with a midwife and a scan at the maternity clinic was near £800. I just had to make sure that when I returned on my spouse visa I contacted the Overseas Visitors department of my local PCT and provided them with my spouse visa showing that I was entitled to NHS care.


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Just to echo what everyone else has said already:

‘Health tourists’ will pay the price for their NHS debts

'The NHS is designed to meet the healthcare needs of the UK and we won't tolerate abuse of this service.

'We welcome overseas visitors, but those who use NHS facilities need to pay for them, or they will be barred from coming here.

'It's very simple - pay up or you won't be welcome in the UK.'
August 2008 - Tier 4 - Student Visa
February 2010 - Tier 1 - PSW
January 2012 - FLR(M)
June 2014 - ILR (finally!)


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Just an FYI I had maternity care as a visitor and the initial appointment with a midwife and a scan at the maternity clinic was near £800. I just had to make sure that when I returned on my spouse visa I contacted the Overseas Visitors department of my local PCT and provided them with my spouse visa showing that I was entitled to NHS care.

Presumably you still had to pay the £800?


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  • Yorkshire Yank
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You are NOT entitled to use the NHS for free while on a visitor's visa. It doesn't matter that your DH is a British citizen, you are still not eligible. You will have to pay for any services you use and a lot of times, that means insisting on paying, even when the people at the office tell you you don't need to. Failing to do so can get you in hot water with immigration down the road. On a visitor's visa, you are only eligible for free emergency care in A&E and at family planning clinics. Nothing else and don't let anyone tell you any differently.

This is true... the NHS is only for UK residents, and since your visa was denied and you're in the UK as a visitor, you still wouldn't be entitled to free medical care.

If I may ask, what was the reason given for your visa refusal? If you posted the reasons given, preferably the exact wording of the letter, than maybe we could offer some advice on the best thing you can do to try and fix the situation?
Fiancee visa approved 17 Dec. 2010
Arrived in UK 23 Dec. 2010
Married 26 April 2011
FLR(M) application posted 17 May 2011
Received Biometrics letter 28 May 2011
Biometrics done 8 June 2011
Biometrics Residence permit received 23 June 2011
SET(M) application posted 6 June 2013
Biometrics letter received 22 June 2013
Biometrics done 28 June 2013
Received my documents and letter that my BRP is being issued 6 July 2013


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Presumably you still had to pay the £800?

I think she is saying she paid the 800.00 while here as a visitor and then when she returned she made sure they knew she was on a visa that entitled her to free care. 


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I think she is saying she paid the 800.00 while here as a visitor and then when she returned she made sure they knew she was on a visa that entitled her to free care. 

I thought that might have been the case, I just wasn't sure.

It's only £1000 or above then can/will refuse future visas over isn't it?


I think she is saying she paid the 800.00 while here as a visitor and then when she returned she made sure they knew she was on a visa that entitled her to free care. 
Precisely.


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You would only be eligable for the NHS while on appeal if you had a visa that allowed you to access the NHS in the first place.  You didn't, so you can't.

If only one appointment with a midwife and one scan cost 800.00 and that was a few years ago I would expect that it would be more now.

Also, while right now the limit is 1,000 that doesn't mean they won't change it in the future and apply it to future visas. So someone gets here on FLR but when they go to apply for ILR they get denied because now the limit is 100.00 or whatever.


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  • Britannicaine
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 To the OP, I would strongly recommend that you leave the UK when you originally stated you would, and not stay for the entire six months.  Especially with a spousal denial already on your record, you should not do anything that the immigration authorities could construe as untrustworthy.  This definitely includes using the NHS without paying.  They are cracking down on illegal NHS usage big time, and as Shandy suggested, if you run up debt in excess of £1000, they will refuse your visa until you pay it back.  Best not to push your luck.  
« Last Edit: March 06, 2012, 06:19:36 PM by CharmCityGirl »
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Tu seras mon unique projet.

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[Mod hat on]

I removed the messages that were posted regarding the OPs visa situation. She came to this thread to ask questions about receiving healthcare as a visitor, not for opinions on whether to appeal a denial or not. From what the OP told us, she applied for her visa properly and the advice given was unnecessary. If she wants visa advice, I'm sure she'll ask for it on the visas board.

Thanks!


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Thank you charmcitygirl for doing that. I was beginning to feel the cyber claws of some people :o
NHS from what many people are saying isn't that great and I am personally appalled by it all. It seems like everyone is reading from different rule books. I toast to the day healthcare in the uk will be privatized. Competition breeds excellence and consumers benefit more.
We have been looking into maternity insurance but all we've come across insists on a min. 10 months membership before it kicks in :(
does anyone know of an insurance company which covers pregnancy/maternity care?
I am only here until the appeal hearing. I do not plan on giving birth in the UK either.
This is my first time being pregnant and am only a few weeks gone. Can someone please share with me a breakdown of what I need to do in this early stage? We are still searching for a GP who will see us privately until I leave.
Thank you all for commenting. Five minutes of my time got me the answers hours on the phones with several "knowledgeable" people couldn't.
Cheers mate ;D!


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My sister in law has private health care through her partner and is pregnant right now - and she is still using the NHS for most appointments. Health insurance in the UK does not work like health insurance in the US - it's more like a suppliment to the NHS. Sometimes it covers things like care in private hospitals, sometimes it doesn't, and sometimes it just bumps you up the queue for treatment done by the NHS.

There is some private midwifery but from my search it doesn't seem that common (not a surprise really), and it seems to be centred around London: Regents Midwifery Practice, as an example.

I know at our local hospital, the Norfolk & Norwich University Hospital, they are quite aware and up to date with charging those who do not qualify for free NHS care. Maybe a little research on your end will let you know if yours does the same. I think in cases like these it may be best to skip the GP and go straight to the midwives at a local hospital.

Edit: Just found a private midwifery service that posts how much these services might cost, hope that helps.
« Last Edit: March 08, 2012, 08:09:33 AM by Cali Girl »
August 2008 - Tier 4 - Student Visa
February 2010 - Tier 1 - PSW
January 2012 - FLR(M)
June 2014 - ILR (finally!)


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