UK Immigration & Nationality Lawyers

Family immigration

Do I need a visa for my child who was born in the UK? This was a question of a Tier 2 migrant who has been living in the UK for the last three years and has a valid visa for another two years. His wife is in the UK as his dependant.

Since neither parent is a British citizen or has indefinite leave to remain in the UK at the time of the child’s birth, the child is not born a British citizen. But does the child need leave to remain?

Strictly speaking, no. Yet, there are two potential reasons to apply. The first is if the parents want to travel abroad and then come back to the UK with the child – in this case, the child will need a visa to enter the UK and it makes sense to apply for leave to remain before leaving the country rather than apply for entry clearance from abroad.

Another, less obvious, reason to apply for leave to remain is the child’s entitlement to the NHS. Payment of the Immigration Health Surcharge provides for free use of the NHS facilities, but the IHS can only be paid as part of an application for leave to remain or entry clearance. According to the NHS Fee recovery policy, a child born in the UK is entitled to NHS treatment for the first three months after birth provided the child has not been out of the UK. The IHS (immigration health surcharge) has to be paid to ensure entitlement to any NHS treatment after the age of three months, or if the child leaves the UK and returns with a limited leave to enter.

It should be noted that primary care, including local GP services, is available to everyone and there is no minimum duration of stay prior to registration with a GP. However, you may be billed for any specialist advice if IHS has not been paid. There is a way around this, if you buy a medical insurance for the child and do not need to rely on the NHS, otherwise, you may choose to pay privately for any medical treatment for the child.

Even if you choose not to apply for the child’s visa, the child is not in breach of the immigration rules, is not an overstayer or illegal entrant. Independently of whether you have chosen to apply for the child’s visa or not, the child can be registered as a British citizen as soon as one of the parents becomes settled.

If you need help with the child’s immigration status or registration of the child as a British citizen, book a free 10-minute online meeting with a consultant. We will confirm your child’s entitlement and give you an accurate quote for our services. In more complicated cases, will offer you a more in-depth consultation. Please contact us, we are here to help.


11 Comments » for Do I need a visa for my child who was born in the UK?
  1. Jo says:

    Good day

    My husband and I have been living in the UK for 3 years. He has dual citizenship (Italian & South African), I have an EEA visa with SA passport. We have a 5 month old baby who has already received her SA passport and we have applied for her Italian passport but not yet received (10 weeks and waiting). We are travelling to SA in less than 2 weeks. What do we need if the Italian passport does not arrive in time? Will she need a UK visa in her South African passport to re-enter the UK or will all of our documentation (including UK birth certificate and proof of Italian passport submission) suffice?

    • Helena Sheizon says:

      You will need a family permit for your daughter. In theory, the birth certificate and your husband’s Italian passport should suffice, but in practice, you may have difficulties boarding the plane without a family permit.

  2. Rose says:

    I have a New Zealand passport have been living in the UK on an ancestry visa for 3 years and I need to apply for a visa for my baby soon to be born in the UK as we intend to travel later this year. I understand I have to complete form FLR(IR) for the baby but I am not clear how exactly I complete the form e.g. do I complete the entire form on behalf of the baby i.e. Section 1 is the baby’s details and and Section 2 (for dependents) would be left blank because the baby doesn’t have any dependents? Or do I complete Section 1 with my details and Section 2 with the baby’s details? The latter option seems wrong since I am not re-applying for my own visa. Also, how do I complete the home & finances section for the baby? Can I just write “not applicable” on account of the application being for a newborn?

  3. Marat says:

    Hello,

    Does getting a Tier 2 Dependent visa for a child stop them from being eligible for British citizenship for the time when one of the parent does obtain an ILR?

    Thanks

    • Helena Sheizon says:

      No, not at all. The child can have can have Tier 2 Dependent visa or no visa at all (if born in the UK and never travelled outside the UK) – entitlement to registration arises independently of the child’s immigration status.

  4. Adhesh says:

    Hi ,

    We are applying for ILR in September 2019. We are expecting our 2nd kid in November 2018. We are not planning to travel with the new born outside UK until we finish our ILR next year. Is it really necessary to apply for the national passport for the new born? . The reason for asking is to avoid uncessary expenditure and trip to consulate. Thank you

    • Helena Sheizon says:

      There is no mandatory requirement for the baby to have a national passport and you can apply for registration of the child as a British citizen when you get ILR. Please note that the child will not be entitled to the NHS (other than GP services) if you do not apply for the child’s immigration status document. A private medical insurance may be a sensible alternative.

  5. Ayush says:

    Me and my wife have Indian passports and living in the UK on Tier-2 general visa and Tier 2 general PBS dependent visa for 4 years. We have a 2 year old child who was born in the UK and living with us on tier 2 General pbs dependent. Our second baby is soon to be born in the UK (Dec18). Both me and wife are eligible for ILR application in May 2019. Do i need to apply ILR for my first child together with us? Is it mandatory to register second baby’s birth with the Indian authorities and get their passport? I believe we also need to apply Tier 2 Dependent visa within 3 months of birth. Can we directly make an application for a british citizenship for both of our children in case of both of me and wife apply for ILR first?

    • Helena Sheizon says:

      Hi Ayush, you may apply for registration of both children as British citizens as soon as the parents get their ILR independently of the immigration status of the children. This applies only if the kids were born in the UK. You do not have to apply for an Indian passport for the second child. In fact, I understand that a child born in the UK to Indian parents does not get Indian citizenship automatically – the parents have to apply to the Indian authorities to register the child first. If you don’t want to do that, you don’t have to. But you will benefit from legal advice as these matters may get quite complex.

  6. Mandeep says:

    Hi my baby born in uk we both me and my husband have leave to remain of 30 months we have registered our baby in Indian embassy and made his passport too.We want to travel. How can get visa for baby.

    • Helena Sheizon says:

      You have to make an application to bring the baby in line with your and your husband’s status. We will be happy to help with this. You can contact us on 020 8930 9503 or send an email to info@kadmos.org.uk with your contact details and we will get in touch.

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