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.

Does the baby need entry clearance?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.


31 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.

  7. Rija Abraham says:

    Hello,
    I am due to renew my tier 2 pbs visa on july 2019, im expecting a baby in dec 2018. When i renew my visa should i apply for myself, spouse and the baby as well?
    Thanks

  8. Ify says:

    Hello I am a student under tier 4 visa and I am about to have a baby my husband isn’t here as he doesn’t want to stay here so it is just me. What kind of visa can I apply for my baby when the baby arrives as my husband doesn’t have a leave to stay with me neither is he my dependednt.

  9. Murillo says:

    Hi guys,

    Myself and wife are under the TIER2 visa and we had a baby recently. First, we got her passport issued and a few weeks ago, we’ve applied for the dependent visa, that hasn’t been yet issued (the deadline of 8 weeks is almost being hit).

    The problem is that we wanted to go abroad on Christmas (we’ve bought the tickets already), but as per what I’ve seen, we will need her visa in order to enter the UK.

    The question is: is it possible to ask the officer to stamp her passport with a “tourist visa” and once we get her BRP, we sort it out?

    Thanks

    • Helena Sheizon says:

      No, unfortunately, you should sort out the visa before entering the UK. A visitor stamp will not be an option.

  10. Husna malik says:

    My husband has entrepreneur tier 1 extension visa and I am his dependent. My baby was born in uk on 12/06/17. Our baby has pakistani passport. We want to travel to Pakistan. What are the required documents for my baby to apply as a dependent child of entrepreneur tier 1 ?

  11. Alex Smith says:

    My wife and I just had another son. We are on a UK ancestry Visa. My first son is listed as a dependent. We are intending to apply for ILR status in December 2019 as our ancestry visa runs out August 2019. Does our son 2nd son need to have any paper work done before we apply for ILR status as long as we do not intend to leave the country. Thanks for your time.

  12. Aly says:

    If a baby is born in the UK to foreign parents, then leaves and comes with the parents while they are staying on a student visa about 6 months later, shouldn’t the parents be able to apply for a UK nationality for the baby after five years of presence in the country as the child should e staying in the country with a PR.

    • Helena Sheizon says:

      It will be best for you to seek legal advice on this. Five years of presence is not the test for eligibility for British citizenship. We can offer an online consultation to take more information from you and answer your question. Please email info@kadmos.org.uk or call us on 020 8930 9503.

  13. Judee L. Lazalita says:

    hello.just wanted to ask about my child who is 8 yrs old now.she’s born in UK whilst im on tier 4 student visa and now i just received my ILR under tier 2 as i was able to continue from tier 4 to tier 2. is my child eligible for a british citizenship? or an ILR?

    • Helena Sheizon says:

      Hi Judee, yes your child is eligible to be registered as a British citizen. Let us know if you need help with the application.

  14. kuma says:

    Hi, I got my ILR on 2nd Jan 2019 by using premium service, baby was born on 1st Dec 2018, do we need to apply for his British Citizenship using MN1 form? or baby is already a British citizen as I have started my online application by end of Nov before the baby was born.

    • Helena Sheizon says:

      The child has two parents and the child’s nationality depends on that of both parents. It is impossible to answer your question on the basis of the information in you gave. I would recommend that you book a short appointment with one of the consultants and we will be happy to help.

  15. Ms Chopra says:

    Hi, me and my husband are on Tier 2 VISA general and we have a baby born in UK. We need to apply for the dependent visa for our child as we wish to visit India soon. We have already registered him with Indian authorities and have applied for indian passport. my question is should we wait for the passport to come or we can apply for his dependent visa directly?

  16. Fathi says:

    Do I need to extend my child visa who was born in the UK?
    My child born in UK in 2011 and since then she has dependent visa (she has left and returned to the UK during here previous visa). Now I am going to extend my visa and I am not planing to leave UK. Is it okay if I do not extend here visa.

    • Helena Sheizon says:

      Yes, if your child has a visa and stays beyond the expiry date of the visa, the child becomes an overstayer. This may be held against you when you apply for citizenship or even indefinite leave to remain, so I would strongly recommend extending the child’s visa together with yours. However, the child will be entitled to citizenship in 2011 independently on the child’s immigration status at that time provided all residence requirements were met (that’s on the basis the child was born in the UK).

      Hope this helps!

  17. Tad says:

    Hi,
    I am a British citizen since 2016 and my son was born in the UK in 2017.
    My spouse is Japanese and she is due for the extension of her spouse visa(to extend for another 2.5years) and would be preparing to apply for this.
    My son has a British passport and Japanese passport(Japanese legislation states that he would have to select his nationality by 22 years of age) at the moment and resides in the UK.
    Do I have to apply for my son’s dependent visa?
    I believe my son can lawfully stay in the UK as a British citizen.
    However, if we want an indefinite to leave visa for my son on his Japanese passport in case my son decides to renunciate his British citizenship and select Japanese citizenship in the future, do we apply for a dependent visa and after 5 year’s of residence apply for IDL visa?
    Or is it a case of lawfully residing in the UK as British citizen for at least 5 years and apply for IDL when my son is ready to take the Life in the UK test and English test requirements?

    • Helena Sheizon says:

      Hi Tad, your son is born British and you don’t need a dependent visa for him. If he decides to renounce British citizenship when he is an adult, or if both parents decide that it is best for the child to renounce his British citizenship, then getting legal advice will be the first step. Hope this is helpful!

  18. WAQAR KHAN says:

    Hi
    I got my Indefinite leave to remain yesterday on 28 April 2019 and my daughter born on 1st June2016 and she has not got any passport or traveling documents yet so my question what visa I have to apply for my daughter and my wife FLRO refused in 2017 and she has not got any application with home office what visa I have to apply for my Wife .Thanks

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