On Spouse Visa, 8 weeks pregnant, called PALS, still denied entitlement

Thank you everyone.  My husband and I will be treating this with the same sort of over-documentation recommended for the visas themselves.  

Its been really frustrating seeing so many here not having these issues; having my baby's pre-natal delayed because my appointment time was spent by the midwife making phone calls and the office staff scrambling to figure out whether to treat or bill me-- that resulted in no treatment; compounded by fear of measles and losing time on that front; 'out of the blue' phone calls after I thought everything was settled; and Sue asking for proof and documentation above and beyond what Home Border Agency requires.  

We'll be trying the CAB.  We're including documentation, even if Sue on the phone said she wouldn't accept it (because my husband and I believe it is relevant to proving my intent to stay in England), statements from friends and family on both sides of the ocean about what they believe our intentions in England are, nursery registration for our 12mo son, nursery registration for the baby growing inside of me, the works.... including evidence files from my fiance visa, my old marriage visa, and this current spouse visa.

Keep any additional comments and resources incoming... hopefully this can go a long ways to helping people after me.

Is the OP being refused for reasons that would be the same for UK citizens?  For example, UK citizen goes to live in US, falls ill, health insurance doesn't cover it, so they hop over to the UK to try and get treatment, with the intention of returning to the US once they are well again.

Yes I would assume so, but her visa should surely be proof that they aren't planning on doing that.

I suspect its what historyenne said:  I suspect they're giving her a hard time because UKBA is cracking down on NHS abuse and they're afraid of making a mistake.

Just to give you guys a quick run down of my story overall... my husband and I met online in 2005, were friends until 2006.  On New Years 2006/7, he wanted to come meet me in person, so he came to visit me in St. Louis.  We hit it off and after his visit, he turned right around and came back.  We lived this way with him revolving on back to the US until March 2008 when I went to meet his family in England, on a visitor waiver.  

I moved to England in May 2008 on a fiance visa.  We were married July 7, 2008.  I was working from Sept 2008 until Jan 2010 when I was getting very homesick, so we decided to move back to the US to my hometown in Houston, TX.  We made that move in March 2010.  

In June 2010, I found out that I was pregnant with our son A.  A was born in the US in Feb 2011.  My husband's parents came to visit little A when he was 6 weeks old.  MIL is disabled; she wears leg calipers because she lost her leg to polio as a child; FIL is very arthritic.  Travel was hard for them and it was heartbreaking when they had to go back home; plus, they're not getting any younger.  My husband and I made the decision to move back to England so that our family could be all together and so that our son would know his grandparents.

My spouse visa was granted in July 2011; we applied for a British passport for my son; and once all of the paperwork was settled and a house was ready for us in England, we moved over in Oct 2011.

Then I discovered that I was pregnant in Feb.  So that should catch you all up to speed.  It is my intention to live forever in England where I want to raise our family, close to my husband's family.

Just for the sake of clarification, you did get your FLR(M) after you were married in 2008, right? 

Yes... that FLR(M) was my 'marriage visa', granted July 21, 2008 -- amazing how these dates stick in your head!  Though I did forget to mention it above-- its been a long day 

Well, as far as I can see, you've done everything right and there's no reason you wouldn't get NHS treatment.  But did you never see a doctor during the two years you lived here the first time?  Never registered with a GP or anything?

I agree that most people don't know the immigration rules thoroughly. I mean look at us who are sorting through it everyday and trying to get a grasp on it. It is easily confusing so I reckon it will require those of us with more than the average experience to get a bit firm.

Best wishes for all that have a right to NHS and need it!

Well, as far as I can see, you've done everything right and there's no reason you wouldn't get NHS treatment.  But did you never see a doctor during the two years you lived here the first time?  Never registered with a GP or anything?

The first time I lived here, I didn't need to see a doctor, so I didn't register with a GP.

Last November, I did get private care from the family GP for PPD.  Then when I discovered that I was pregnant in Feb, I went back to my GP for advice on my prescription and there was the sign posted in the waiting room about booking with the midwife.  So I made a booking, waited two weeks and then the rest is recorded here.

While I was waiting for my first midwife booking, I actually came back to these boards to see if there was any information on what I could anticipate from the midwife.  That's when I spotted the thread on Spouse Visa Free NHS Entitlement.  I figured that if there was an issue with my booking, they would have either not booked me at all or they would have gotten it sorted with me in the weeks before my appointment.  I was sorely mistaken there.

Well, it's only recently that UKBA has started leaning on GPs to be vigilant about NHS abuse, so possibly they are being overly cautious until they are more sure of how to handle different visa types.  I wish we could offer better advice, but really the best thing to do is arm yourself with documentation and insist on your rights.  I hope you get it sorted soon!

having my baby's pre-natal delayed

You are getting good advice already on how to fix this but I wanted to address your immediate worry.  As you are only 8 weeks along, there isn't really pre-natal care that you are missing. 

You are getting good advice already on how to fix this but I wanted to address your immediate worry.  As you are only 8 weeks along, there isn't really pre-natal care that you are missing. 

Yes, I wanted to mention that as well and Sara beat me to it. Unless you have some concerns or issues you experienced from your first pregnancy, not much is going to happen until... oh, about 12 weeks? It varies from area to area but in general, things are much more hands off in the UK.

Yes, I wanted to mention that as well and Sara beat me to it. Unless you have some concerns or issues you experienced from your first pregnancy, not much is going to happen until... oh, about 12 weeks? It varies from area to area but in general, things are much more hands off in the UK.

Yup, and I'm good with that except that measles has been spreading through Merseyside.  A child at my son's nursery came down with measles.  Tuesday the 6th of March, I received a courtesy call from the nursery as a heads up.  The nursery has been trying this past week to contact the child's parents again to find out of its just common measles or if its rubella.  Rubella in pregnant women poses significant risk of cognitive defects in the baby that's developing inside of them.  

My son received his MMR only Monday the 5th of March, so there's no way he has the full benefit of the vax.  Reviewing my own prenatal records from his birth in the US, there was a screening done on me to make sure my old 1979 MMR booster was still working... that was 18 months ago, and at that time, it was still in effect.  

I made the midwife aware of these Wednesday the 7th of March at what was supposed to be my first booking and asked for bloods to be taken.  That's when she told me that they would simply be unable to process the lab work because they needed a NHS number to tie back to me... and I didn't have one at the time.  I asked for a private referral and she said they'd still encounter the same issue.

I'm currently rebooked for March 21 and no one's taking me very seriously on this issue.  I'd be perfectly fine with waiting until 10 weeks for my first midwife appointment and 12 weeks for the ultrasound scan if it weren't for this potential measles exposure.

Maybe its a matter of, if there was something wrong caused by this potential exposure, there isn't anything they can do for me anyways... except that I'd know now and could start preparing for it.  But its very disconcerting that I have this little person, a British citizen, inside of me who's not protected against measles unless my immune system did everything meant to (and there have been failures recorded for pre-1990s MMRs... those cases, its cited, are based on the individual).  There's a good chance we've dodged this bullet.  There's a good chance we've not.  Either way, my baby's care has been delayed because of issues that have nothing to do with care itself.

Thank you for your advice, regardless.  Its really nice to feel like I'm not completely alone in this.  We'll keep working the issues today.

Oh you poor thing. How stressful this whole situation is!

I have no advice except maybe asking your husband to contact your MP? Citing that  last paragraph exactly?

Finally... here's a note from my husband... and I'll be copying this to the sticky thread...

-------------------------------------------------------------

This is the Department of Healths guidelines as of December 2011.  The section you are looking for is on Page 24, or rather Section Reg 8(2)(e) or point 3.42.  I have highlighted the parts that apply to us

http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_131966.pdf


Regulation 8(2)(e) – Taking up permanent residence

3.42  A person present in the UK (and other designated places specified in the Charging Regulations) for the purpose of taking up permanent residence is exempt from charges. This will include former residents with a right of abode who return to the UK to resume their permanent residence. Anyone who has been granted indefinite leave to enter/remain, or has a route to settlement, will also be entitled to take up permanent residence.  This exemption category will apply from the first day that a person is in the UK in accordance with the relevant immigration requirements. Appendix 6 sets out some of the ways a person can lawfully reside permanently in the UK.  See paragraph 3.46 for spouses/civil partners/children.

Examples of evidence:
- (a) proof of right to live permanently in the UK – e.g.
- UK national or EEA/Swiss national with right of abode in accordance with the Immigration (European Economic Area) Regulations 2006;
- has right of abode in the UK;
- non-EEA family member of EEA national exercising EU treaty rights;
- has a route to settlement with a spouse/civil partner/fiance visa;
- has appropriate entry clearance issued by HO, e.g. indefinite leave to enter/remain stamp in passport; and
- (b) resuming permanent residence – anything that will confirm their intention is to reside permanently e.g. –
- forging ties with the UK – e.g. acquiring housing; children are attending school; looking for work; job seeker’s allowance; application/granted benefit; transfer of assets to the UK; or 
- cutting ties with former place of residence – e.g. sale of goods and properties overseas; receipts to show shipping of goods; ending of a rental agreement; end of an employment contract.

-------------------------------------------------

My husband called Sue after calling up the Dept of Health-- the first person he talked to at DoH was like, "Of course Spouse visas are exempt!" as if it was a fact everyone knew.  Sue's accepted this notice and we're supposed to go to her office tomorrow with my visa so that she can make a copy.

If anything else happens, I'll let you guys know.  Thanks again for the ideas and support.