# Tier 5 Youth Mobility - Pregnant



## joshyboi88 (Jun 27, 2013)

Good afternoon,

I was wondering if you could assist me with the below:

I am living in Sydney on a Working Holiday Visa (417) which expires 28/10/2013. I am a British National, and hold a British Passport. I have been with my Australian partner for 6 months, we have lived together for 6 months and can provide proof of this. We have just found out that she is pregnant, the baby is due around mid February 2014.

We both want to go to England to have the baby. I have been informed that we need to have been together for 2 years before we can apply for citizenship for my partner; is there no sort of waiver for compassionate circumstances?

If not, my partner is eligible for a Tier 5 Youth Mobility Visa. The website states that she mustn't have any dependents under the age of 18. Even though she is pregnant, this still stands. Could you please confirm if she could travel to England on this visa, have the baby (using the NHS), then return to Australia with me before the 2 year visa has expired?

Your assistance would be greatly appreciated.
Many thanks.


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## robynxo (Jun 25, 2013)

joshyboi88 said:


> Good afternoon,
> 
> I was wondering if you could assist me with the below:
> 
> ...



Hi, I found this information on http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier5youthmobilityguidance1.pdf:


The Department of Health regulations
currently allow Youth Mobility Scheme
participants to be exempt from charges for
NHS hospital treatment after they have spent
a period of 12 months in the United Kingdom.
They will also be exempt during periods of
employment (including self-employment) in
the first 12 months of their stay, but not during
periods in that first 12 months when they are
not working. Information on entitlement to free
hospital treatment can be accessed via the
link:
www.dh.gov.uk/
overseasvisitors


The only issue is it will be hard to be employed while she's pregnant?

I also found this on http://uk.answers.yahoo.com/question/index?qid=20120323121330AAJ7qbe:

(_If you want to be covered by the NHS and be able to stay in the UK after your baby is born, then you will need to get married._ - no longer true after new rules were introduced.) On a Tier 5 visa you are only covered by the NHS while you are employed. I doubt your employer is going to keep employing you when you are 9 months pregnant and after delivery. As you will not be employed, you will not be eligible for NHS treatment and are looking at minimum £5000 for delivery in a private hospital for normal childbirth if there are no complications or the baby does not arrive prematurely. If there are complications, you need a caesarean or the baby is born prematurely, then you could be looking at £15,000+ in medical expenses. However if you are married and switch to a spouse visa, then you will be covered by the NHS no matter what the circumstances. As long as the father is a British citizen and on the birth certificate the child will be eligible for UK citizenship


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## robynxo (Jun 25, 2013)

I am currently researching ways in which to live in the UK with my partner. If you like, you can research the Surinder Singh method, have a look at this page, they have a baby too:
Surinder Singh Route into the UK, Freedom Of Movement & EEA family permit? - Yahoo! UK & Ireland Answers


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## Joppa (Sep 7, 2009)

joshyboi88 said:


> Good afternoon,
> 
> I was wondering if you could assist me with the below:
> 
> ...


Citizenship (naturalisation) for her is something well into the future - at least 5 years from now. More immediate concern is getting the right kind of visa to come to UK.



> If not, my partner is eligible for a Tier 5 Youth Mobility Scheme visa. The website states that she mustn't have any dependents under the age of 18. Even though she is pregnant, this still stands. Could you please confirm if she could travel to England on this visa, have the baby (using the NHS), then return to Australia with me before the 2 year visa has expired?


Falling pregnant while in UK on Tier 5 YMS is one thing. Applying for Tier 5 while she is already pregnant is another. Though she doesn't have to declare her pregnancy, and giving birth to a child while on Tier 5 isn't against its rules, there is prohibition on accessing public funds (but since the child will be a dual national, he/she will be eligible for certain help). Then there is a tricky business of having a child on NHS while on Tier 5, as stated. To stay longer in UK, you need to get married and switch to partner route, meeting £18,600 income requirement among others. To return to Australia, you will need separate visa for Australia, which won't be easy or cheap. Post on Australia forum for more on this.


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## modzy78 (Jan 15, 2010)

Some NHS trusts won't accept you for antenatal care unless you can prove both a valid resident visa status and 12 months residency prior to the pregnancy. With all the public sector cuts from austerity, the government is really encouraging hospitals to be stricter on checking eligibility. So you'd really need to be prepared to go private.

I'm honestly a bit uncomfortable with your plans. You want your pregnant girlfriend to come over to the UK on a visa that specifically states it's not for those with dependents (i.e. children). And your whole reason for this is so that she can use the NHS to give birth before you both return to Australia. It sounds a bit like benefit tourism, and it completely goes against the spirit of a tier 5 visa. She probably would have little time to work, if any.

Also, please don't underestimate the stress and cost of a long distance move while pregnant, followed by another with a young baby. It might be better for all of you to look into getting a visa to stay in Australia if that's your ultimate goal. Whatever you eventually decide to do, think long and hard about what's best for your family in the long run.


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## Crawford (Jan 23, 2011)

modzy78 said:


> Some NHS trusts won't accept you for antenatal care unless you can prove both a valid resident visa status and 12 months residency prior to the pregnancy. With all the public sector cuts from austerity, the government is really encouraging hospitals to be stricter on checking eligibility. So you'd really need to be prepared to go private.
> 
> I'm honestly a bit uncomfortable with your plans. You want your pregnant girlfriend to come over to the UK on a visa that specifically states it's not for those with dependents (i.e. children). And your whole reason for this is so that she can use the NHS to give birth before you both return to Australia. It sounds a bit like benefit tourism, and it completely goes against the spirit of a tier 5 visa. She probably would have little time to work, if any.
> 
> Also, please don't underestimate the stress and cost of a long distance move while pregnant, followed by another with a young baby. It might be better for all of you to look into getting a visa to stay in Australia if that's your ultimate goal. Whatever you eventually decide to do, think long and hard about what's best for your family in the long run.


I must say I agree with these sentiments. 

The OP is suggesting that his girlfriend applies for a visa which has conditions she cannot fulfill, and to give birth to the child under the NHS for which she is not eligible.

I would suggest the OP stays in Australia, gets a job and supports his girlfriend there.


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## AmyD (Jan 12, 2013)

I agree with Crawford and Modzy78.


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## joshyboi88 (Jun 27, 2013)

Hey,

I appreciate the thoughts and advice guys.

PLEASE NOTE! I have not and am not applying for this visa, I just wanted more information on the rules and regs. I am not planning on using my pregnant partner on swindling the UK system, trust me. I just wanted to have some things clarified before making decisions on our next steps.

The issue I'm faced with, is once (or even if) I'm granted a Bridging Visa whilst here in Australia, it will be difficult to find work. Not many employers will offer work for someone who could be ordered to leave the country at any given time. 

I earn a significant bit more than my partner, so if we had to choose one or the other, it would make sense for me to work.

Once again, appreciate your comments.


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## robynxo (Jun 25, 2013)

joshyboi88 said:


> Hey,
> 
> I appreciate the thoughts and advice guys.
> 
> ...


Hey, you had every right to ask questions, it helps you decide on your future, just sorry that there isn't an easy answer for you. How about recruitment agencies, or jobs with high turnovers like hospitality? My partner is currently working 50 hours a week as a waiter and earning enough that would support us both if I wasn't working. I know you have a child on the way but are you deciding whether you should stay in the UK to work and send over money? I think that idea has it's reasons but I think you should take the risk and be with your partner  is the bridging visa the one before partnership visa? I'm on a 1 year work permit but recruitment agencies are seeming keen to register me (I only have office experience). Permanent positions aren't available to me, but there's loads of temp jobs out there, hopefully in Australia too


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## joshyboi88 (Jun 27, 2013)

robynxo said:


> Hey, you had every right to ask questions, it helps you decide on your future, just sorry that there isn't an easy answer for you. How about recruitment agencies, or jobs with high turnovers like hospitality? My partner is currently working 50 hours a week as a waiter and earning enough that would support us both if I wasn't working. I know you have a child on the way but are you deciding whether you should stay in the UK to work and send over money? I think that idea has it's reasons but I think you should take the risk and be with your partner  is the bridging visa the one before partnership visa? I'm on a 1 year work permit but recruitment agencies are seeming keen to register me (I only have office experience). Permanent positions aren't available to me, but there's loads of temp jobs out there, hopefully in Australia too


Hey Robynxo,

It's all good, I will definitely be there with my partner, one way or another. I've been advised that I can indeed apply for a Partner Visa here in Australia, just unsure of how long I'll be on the bridging visa. At the moment though, my Working Holiday Visa doesn't expire until end of October, and I'm contracted until end of September with my current job that pays well enough.

We'll manage, somehow 

Cheers all!


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