Pregnant Columbian Visa Options

Hi everyone!

Hope everybody had a nice thanksgiving!

I'm writing this as I have a works friend whose son is looking for some options after discovering his partner is pregnant

Here's his status:
- British
- Partner is Columbian
- Unmarried (but will be getting married soon)
- He does contract work on cruise liners (unsure whether he meets the financial requirements)

What I'm basically asking is if they're married with no visa but a child what are their options?

Thanks everyone

It's the same for everyone.  He needs to meet the financial (and accommodation) requirements to sponsor her.

It's the same for everyone.  He needs to meet the financial (and accommodation) requirements to sponsor her.

I wasn't sure if having a child waivered certain requirements.

So if he doesn't meet the requirements financially, the whole family can never live in the country together?

I wasn't sure if having a child waivered certain requirements.

So if he doesn't meet the requirements financially, the whole family can never live in the country together?

There are thousands of families across the globe separated due to the financial requirements.

Has he considered looking at the visa requirements for him to move to Columbia?

I wasn't sure if having a child waivered certain requirements.

So if he doesn't meet the requirements financially, the whole family can never live in the country together?

Yep, that's pretty much it.

In August 2017, the 10-year route rules were changed slightly so that if a couple did not meet the financial requirement, they may be able to use third party support or prospective UK employment to meet the requirement, but ONLY in 'exceptional circumstances'... generally, only in the case where they have a UK citizen child who is already living in the UK and whose wellbeing will be seriously compromised if they have to leave the UK... they would have to show there would be “unjustifiably harsh consequences” if the family were separated.

Two examples of “unjustifiably harsh consequences” are:

1. The applicant and their partner have a child in the UK with serious mental health or learning difficulties

2. The applicant’s partner has a genuine and subsisting parental relationship with a child in the UK of a former relationship, is taking an active role in the child’s upbringing, and the particular circumstances of the case mean that (taking into account the child’s best interests as a primary consideration) it would be unjustifiably harsh to expect the child to relocate overseas with the applicant’s partner, or for the applicant’s partner to do so without the child.
(https://www.freemovement.org.uk/home-office-makes-changes-appendix-fm-minimum-income-rule-following-mm-case/)

If your friend's son's partner is pregnant in Columbia and there is no child currently living in the UK, then they would not have a case for exceptional circumstances and would be given no special considerations.

If your friend's son's partner is pregnant in Columbia and there is no child currently living in the UK, then they would not have a case for exceptional circumstances and would be given no special considerations.

Does that mean if she gave birth in the UK she would have a case?

Could they move to an EU country, is there a way around it that way? She actually lives and works in Mexico but from Columbia.

Does that mean if she gave birth in the UK she would have a case?

Could they move to an EU country, is there a way around it that way? She actually lives and works in Mexico but from Columbia.

If she gave birth in the UK, she'd have a huge bill.
You can no longer use Singh to circumvent UK immigration rules.

Why don't you find out first if they can actually meet the financial requirement? If they can, then all of this is a moot point anyway.

Does that mean if she gave birth in the UK she would have a case?

No, because she would need to get the spousal visa first before she could come to the UK to give birth. My whole point was that there is no way she would be able to qualify that way because there's no way they would have a case.

If she entered as a visitor, she would not be covered by NHS healthcare and would have to pay out of pocket for her medical treatment. Also, if UK immigration realised that's what she was doing (coming to the UK to give birth so she can try to stay), she could be refused entry and sent back to Columbia.

If she did get into the UK and gave birth, she would then be trying to apply for a visa illegally in the UK as a visitor, which will be automatically refused, and they would have a long immigration battle ahead of them... possibly taking years and costing thousands... to try to make a case.

But then in order to have a case, they would have to prove that the child is severely disabled and cannot be moved or get medical treatment in any other country.

Could they move to an EU country, is there a way around it that way? She actually lives and works in Mexico but from Columbia.

They could move to an EU country, but then Brexit might put a stop to that possibility anyway, and also they would not be able to use the EU route to get back to the UK as they have now restricted/shut down the Surinder Singh route.

Whether she works in Mexico or Columbia is irrelevant. If her UK partner does not meet the financial requirements, and they have no other way to meet them (savings, non-employment income), they cannot move to the UK.

Thanks for your responses everyone. They all make perfect sense.

The reason I ask about ways around it is I don't think he earns over the threshold. Sad that a family can actually be split up (even with a child) due to our high-criteria rules

Thanks for your responses everyone. They all make perfect sense.

The reason I ask about ways around it is I don't think he earns over the threshold. Sad that a family can actually be split up (even with a child) due to our high-criteria rules

My husbands friend has a Japanese wife and child.  They haven't been able to live together in the UK because he can't meet the financial requirements. He sees them twice a year as he lives here and she lives in Japan.


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Wow that's really depressing .. it's sad that families have to be tourn apart due to certain situations .. if they have any money saved at all around 5-10 grand u should tell them to look at Germany ... pretty much all u need is a place to live and a job lined up with a littlebit of savings and u can get your work visa within the same week if not the same day though u have to apply in person !
But you must have a job and a place lined up to live before you do your in person interview .and some money saved not anywhere near the amount of uk requirements but something just to show you have something to fall back on . you don't even have to speak fluent German

Germany believe it or not has very liberal views on immigration .. and is a lot less stressful process then the UK ..

Wow that's really depressing .. it's sad that families have to be tourn apart due to certain situations .. if they have any money saved at all around 5-10 grand u should tell them to look at Germany ... pretty much all u need is a place to live and a job lined up with a littlebit of savings and u can get your work visa within the same week if not the same day though u have to apply in person !
But you must have a job and a place lined up to live before you do your in person interview .and some money saved not anywhere near the amount of uk requirements but something just to show you have something to fall back on . you don't even have to speak fluent German

Germany believe it or not has very liberal views on immigration .. and is a lot less stressful process then the UK ..

Or, as a current EU citizen, he can move to Germany using just his passport (no visa needed) and as long as he is exercising EEA Treaty Rights (working, studying, looking for work, or self-sufficient), he can bring his wife to live there for free under EU immigration rules (again, no visa needed, just an EEA Residence Card).

The problem with that is that we don't know what will happen when we leave the EU, so it's a risky move.

Or, as a current EU citizen, he can move to Germany using just his passport (no visa needed) and as long as he is exercising EEA Treaty Rights (working, studying, looking for work, or self-sufficient), he can bring his wife to live there for free under EU immigration rules (again, no visa needed, just an EEA Residence Card).

The problem with that is that we don't know what will happen when we leave the EU, so it's a risky move.

This is very true .. but technically isn't the uk still in the EU if they allow EU citizens through the same entrance as uk citizens ? Or maybe I'm wrong ...but have they OFFICALLY broke away as of present day ?   So maybe if they do it soon ... before the baby is born .. it may work out !!!
     honestly I wish my husband would just find a job in Europe he could work anywhere with his qualifications and work experience .. makes me annoyed really but that's a different subject

Or, as a current EU citizen, he can move to Germany using just his passport (no visa needed) and as long as he is exercising EEA Treaty Rights (working, studying, looking for work, or self-sufficient), he can bring his wife to live there for free under EU immigration rules (again, no visa needed, just an EEA Residence Card).

The problem with that is that we don't know what will happen when we leave the EU, so it's a risky move.

Unfortunately that wouldn't work for him as he has some complex medical problems (depression related) and had to move back here (from Japan) so he could get his medical care.

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Unfortunately that wouldn't work for him as he has some complex medical problems (depression related) and had to move back here (from Japan) so he could get his medical care.

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Ah, sorry... I was referring to the UK-Mexican couple in the OP.