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 was a British citizen or had indefinite leave to remain in the UK when the child was born, the child was 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 with the child, the child will need a visa to come back to the UK. It makes sense to apply for leave to remain in the UK rather than leave the country and apply for entry clearance – applications from abroad usually take longer.
Another, less obvious, reason to apply for leave to remain is to protect the child’s entitlement to the NHS. Payment of the Immigration Health Surcharge gives you access to the NHS services, but the IHS (immigration health surcharge) 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 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 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. But you may be billed for any specialist advice if the IHS has not been paid. For more information on access to medical services in the UK see the government website.
One of the available solutions is buying a medical insurance for the child and using private healthcare instead of the NHS. Otherwise, you may be charged for the NHS treatment for the child after the child is more than 3 months of age.
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.
However, it may be worth mentioning that British citizens need a British passport to enter the UK. So the child will need a British passport before being able to travel. It takes a separate application and may delay your trip by a few weeks.
If you need help with the child’s immigration status or registration of the child as a British citizen, book a free initial assessment of your case. We will confirm your child’s entitlement and give you an accurate quote for our services. In more complicated cases, we will offer you an in-depth consultation. Please contact us, we are here to help you.
Hi Helena, I stumbled on your page while searching for answers. I had my child in the uk in 2010 and left with an emergency travel document. Now we need to apply for a depentant visa to join my husband. Someone mentioned I don’t need to pay for a visa for my daughter because she has a british birth certificate. I y my doubts but just need a cocnfirmation. How true is this? Please
Hi Cynthia, if your husband is now settled in the UK (lives in the UK and has indefinite leave to remain or British citizenship), your daughter can be registered as a British citizen. She can be registered while she is abroad and once she becomes British she doesn’t need a visa, but will need a British passport. This process, unfortunately, takes a long time and it will be quicker to apply for a visa. The birth certificate as such does not give the right to travel to the UK without a visa.
Hi Helena, i have a tier2 visa. I have a child born here in the UK. I have applied for his dependent visa and paid the IHS. Due to ukraine war his application has not been processed yet, it over 4months now. He is sick now, do we need to pay? Thanks
Hi Lily, if you applied for your child’s leave within three months from birth, the child is covered by your IHS. If there was a delay with the application, it is more complex as strictly speaking the NHS has the right to recover the fees.
I’m seeking the correct answer two a question on the matter of.
I’m a support worker employed by North Somerset council.
I support families on the homes for Ukraine scheme and was asked yesterday what is the correct procedure to obtain a BRP for a baby born 6 months ago in the UK, to a Ukrainian woman?
Hello Jennifer, the correct procedure is to apply for permission to stay under the Ukraine extension scheme – here is the link: Ukraine Extension Scheme
Hello Helena and Team,
Very helpful blog and excellent responses.
I have two daughters who were born in Norway and have Norwegian passports from birth as their mother is a Norwegian national. At the time of their births, I had Tier 1 (General) in UK and later I obtained British passport in 2015. My family joined me in UK from 2011 to 2016. My daughters also attended school / kindergarten in UK. As they had Norwegian passports we did not need any visa before Brexit.
Can they apply for British Passports directly or do I have to register them as British Citizen using Form MN1?
Hi Peer, your daughters are not British by birth so they would need registration (if they are under 18) before they can apply for a passport. It is not clear from your message if they qualify for British citizenship and if they have a settled status. I would recommend that you book a consultation so that we can advise you on the best course of action.
If I understand correctly, my children born outside of the UK when I was on Tier 1 (General) Visa does not qualify for British Citizenship registration just because their Father obtained / holds a British Nationality?
My family lived in UK between 2011-2016 but then moved to Norway. So I don’t think that my children qualify for settle status at the moment.
If above is correct can you still help?
MY SON WAS BORN IN THE UK 2 YRS AGO . WAS ADMITTED IN HOSPITAL FOR A WEEK. I NOW RECEIVED AN EMAIL THAT I WILL HAVE TO PAY FOR HIS TREATMENT.MY WIFE AND II AM HERE FOR OVER FOUR YEARS WORKING FOR THE NHS TO WHICH I HAVE SKILL WORKER 2 TIER VISA. I DID NOT APPLY FOR BRP DUE TO THE FACT THAT WE ARE NOT TRAVELLING AND THIS IS THE DOCUMENT THAT THEY ARE REFERRING TO THAT WE DID NOT FILL OUT.PLEASE ADVISE ME WHAT TO DO AS I AM VERY DISTRESS ABOUT THE SITUATION.
I am very sorry about it. Unfortunately, this is correct. If you had applied for his dependent visa in line with the parents you wouldn’t have had to pay the Immigration Health Surcharge (because you work for the NHS you and your dependants are exempt from IHS) and your son would have been entitled to use the NHS. Without a visa you have to pay for the NHS or use private medical care.
I am on Tier 2 Visa. My son was born in December 2019, and we applied for his Visa for the first time in November 2021 for travel purposes. His visa expired in November 2022, and we have not applied for any extension. Now, I am converting my visa into Global Talent and plan to include him as a dependant on the visa. I will pay for IHS again.
There was no clear information on paying his IHS after three months of birth, hence, I was not sure I had to pay it or not.
Please advise if there can be any complications OR any remedies that we have to take to avoid any future issues.
Thanks and Best Regards,
Hi, We are Indian parents with ILR, we have a new born baby registered as an Indian citizen and received Indian passport as we might move back to India in 5years time. I would like to apply ILR for my baby too, could you please guide me through appropriate application form link and documents required.
I am an Australian citizen on Tier 2 (General) visa living in UK with my husband (depandent)
My daughter was born two years ago and she has an Australia Passport. Do I need to apply a visa for her to travel aboardand and return to UK? As Australian passport holder I do not believe she needs visa to enter UK however that’s on short term visit basis. I will be entitled to apply for ILR in 18 months time, understand she can then apply for UK citizenship. My question is in relationship to the 18 months time before thatand if we want to travel aborad. She has private medical insurance so access to NHS is not our point of consern. Many thanks!
Hi Helena, my daughter was born in the UK in 2015 and we didn’t obtain any visa for her when she was born. She has been in the UK continuously bar 2 months 23 days in 2018. We had to leave UK in 2018 as my exceptional talent visa was refused. We came back to UK with entry clearance. Now she is under the Tier 2 – Dependent visa (I am the main visa holder). My question is, will my daughter be able to obtain ILR in the newly relaxed 7 years route? I sought advice from an immigration lawyer and I was sold that she doesn’t qualify for the 7 years ILR route because she didn’t have a visa after her birth. What is your opinion on this matter?
Hi Tanvir, apologies for not seeing your question earlier. I would disagree with the lawyer who advised you, but the answer to your question would depend on whether your daughter’s absence in 2018 interrupted her continuous residence. Normally, an absence of less than six months would not be seen as a break but one has to check the guidance carefully and this forum is not for provision of formal legal advice. If you are still interested in the application, please send me an email and we will be happy to help.
Hi i am on skilled worker visa and I applied for dependant visa for my 4 months old baby from UK. Now I want to travel to India as emergency. I am waiting for decision letter or BRP from UKVI. Can I travel to India now? Is this affect the visa application?
I recently obtained my ILR. Do I need to get a new depended visa for my child since my status has been changed? or is his previous dependent visa still valid until it expires?
Asking for a friend. She’s British by descent and wants to move to the UK finally with her family.
She wants to visit the UK in a couple of months to try get a British passport for her 6mos baby as he was born in the UK, she was visiting then and I think the law says kids born in the UK to British citizen by descent qualifies to be citizens.
1. Would the baby need a visit visa to visit with her so she can get his British passport? In preparation of the spouse visa application later this year so the baby can be exempted from the financial requirement.
2. Is it even needed to get the passport to prove that the baby is British?
Hello Lara, thank you for getting in touch. The baby is indeed born British. This means the parent can make an application for the baby’s passport. This application can be made from abroad if the child is abroad. Legally, you cannot apply for the UK visa for a child who is a British citizen as British citizens are expected to travel to the UK on a British passport, or where necessary on an emergency travel document, but not a visa which is reserved for non-British citizens.
A British passport is not the only way of proving British citizenship – but it is certainly the easiest way as British passports are only issued to British citizens.
hi, my wife and i just moved to the uk, she is a student and I am a dependent. we just had a child in the uk. please whats the best route to settle?do we apply for a visa for the child or apply for ILR directly. please help
Thank you for this article. I was just about to apply for my UK born child’s dependent visa as I am here on a skilled worker visa. During the process, I was asked for my birth certificate. I don’t recall needing this when I applied for my skilled worker visa. I do not have immediate access to it, and it may take a bit to find it. I’m afraid it may be past the 3 months I have to apply for my child’s visa. Now is this needed or am I doing something wrong?
Hi, I am just about to submit an ILR application on the 5 year route as the spouse of a British citizen, and have a 1 year old baby who was born here in the UK and has a British passport and birth certificate as my husband is British. Do I need to include my baby in the application as a dependant child/additional applicant or not? I have read conflicting things surrounding this issue but just wanted to clarify before submission..
Any advice would be most appreciated.
No, if the child is British you don’t need to apply for ILR for the child. But where the form asks you if you have any dependent children you would mention that you have a child. If I remember correctly the form asks if you have any dependent children not included in the application – to avoid confusion.
Hi Helena, I am on Tier2 Visa (now health and care worker visa) and have a 3month old baby who was born here in the UK. We are intending to go back to our home country and settle there for good. With that being said,do I still need to get a visa for him or we can just leave the country without one? thanking you in advance!
You don’t need to apply for the baby’s visa if you are leaving the country.
I am the main applicant (Tier 2 General Visa). I got my ILR in July 2021. My husband and my elder kid are on a dependent visa – Valid until Jun 2023. We are planning to apply for their ILR in Dec 2021. My elder kid was born in India.
My younger kid was born in the UK in March 2018 (when I was on a tier 2 general Visa). He has a British birth certificate and an Indian passport. We did not apply for his Visa as we did not intend to go outside of UK. Can I now apply for ILR for my younger kid along with his father and elder brother. I am planning to go to India in Feb 2022.
Thanks in advance
Hi Hiral, yes you can apply for ILR for your younger child at the same time as the rest of the family in December 2021. But you may also (or instead) wish to apply for the child’s British citizenship. Let me know if you need help with it.
Hi, thanks for reading my question in advance. I’m currently on a Tier 2 visa. I am in the process of getting an Australian passport for my newborn. If I take my baby to travel internationally after getting his passport but before applying a visa, I assume he will then enter the UK as a traveller? Can I then apply his dependent visa while he is on travel visa in the UK? Thanks!
Your child should enter the UK on a dependant visa. We usually recommend sorting the dependant visa while in the UK, but if you must travel internationally then you should apply for it from outside the UK.
There may be a problem with it, as the baby will not be coming to the UK as a visitor and may be denied entry without a visa. I would advise you to sort out the visa for the child before returning to the UK.
You have been helpful to so many people here by answering the queries.
I have a query that I am on tier 2 visa and have a baby just turned 3 months. I am already in process of sorting out passport from Indian embassy. My visa will be renewed in December as I am changing employer. I am applying for me , my wife and baby at same time. At the moment, NHS workers are exepmt from health surcharge, however, do I have to worry about any vaccinations and GP visits for baby as baby is already 3 months old and do not have visa yet? All delays in processing times due to Cover situation . Your help would be much appreciated. Thank you
Primary care should be available to all independently of the immigration status. But it may become more complicated if you need to rely on the NHS for more.
Hi. Helena my name is majlida i just got my visa for 30 months i am on 10 years route visa . I have a doughter 4 months old who is born here. So my question is does my doughter gets visa or she gets britishpasport .? If i apply for a visa do i need to pay for it thanx helena
Hi Majlinda, your daughter’s status also depends on the immigration status of her father. It is best to book a 15-minute consultation with Helena to further discuss your case.
Hope you are doing great. I hope you can answer our query. We will be eligible to apply for ILR in January 2022. By ‘we’ means my wife and I (both finishing 5 years at the start of February 2022). My wife and my 2.5 years old daughter who was born in the UK carry a Tier 2 dependent Visa. Our visas are expiring in January 2023. Is there a possibility that I and my wife apply for ILR and do NOT apply for my daughter but soon after we get our ILR sorted, she can directly be registered for citizenship please? Since we will all have visa currently until January 2023 and our ILR will be sorted in January 2022 as we will be applying for a premium. I mean in short that if we get ILR sorted is there any chance the dependent visa for my daughter will get revoked pls? She cannot be an overstayer since her visa will be until January 2023 and we will apply for her citizenship registration after a day we receive our ILR that will be in January 2022 but not sure if something will change for her dependent visa after ours have converted to ILR. Kindly help me with this. I will appreciate your kind and patient help. Thanks very much. Have a great day ahead. Regards
Hi Prateek, nothing will be curtailed but you need to bear in mind that applications for citizenship don’t work for visa extension. So, if your daughter is not a British citizen by January 2023, she will become an overstayer even if her application for citizenship is pending. Hope this helps!
We have baby in 2019 ,when we were in tier 2 . so we got leave to remove dependent visa for her which is valid till dec 21.
now we got ILR but baby still on dependent visa. we can apply for MN1 application for her now after our ILR but now a days its taking long time becuase of Covid so we dont want to take risk.
1:Can you suggest what other option (visa type ) we have so we can travel to India before dec 21.
2:can we enter using her dependent visa as i am still working in same company who sponsered my tier 2 visa.
Hi Sushil, yes you can apply for registration of your child and you are not taking any risks. I would recommend doing it the sooner the better and if you need help with it, we can certainly make the application for you. You can travel while the application for the child’s citizenship is pending and the child can travel of Tier 2 dependent visa. You will need to apply for the child’s ILR before the visa expires in December if citizenship application is not approved by then. Hope this helps. Best wishes!
Me and my husband are coming to uk in sep 2021 on student visa (2+2) years.
I want to know if during our stay there if we give birth to a child, will the child be given british nationality???
I am eligble for visa for ILR on Nov 21.
My and my wife both have tier2 visa.
My Son is born in the UK.
He has an Indian passport.
His visa also tiers 2 dependent.
My query is he need to apply for ILR or British Citizen?
Your son shouldn’t become an overstayer, so make sure that you apply for his ILR or visa extension before his leave expires. You may need legal advice.
we all have one year of visas till next oct 22
I’m working with NHS and have Tier 2 Visa currently. which is due to expire in Sep 2022 and I will apply for ILR in Sept 2022 (as I came to the UK in 2017). My son was born in UK in April 2021, here are my queries:
– Is it mandatory to apply Dependent Visa for him ? If we don’t, Would it affect his ILR application. (considering we don’t have any plans to visit our home country).
– If we dont apply dependent Visa, how can we pay for IHS for him ?
– Once we apply ILR along with him, will he be eligible for British Citizenship before us ? I’m assuming he still have to have the ILR first.
I am a Tier 2 general holder and I will be able to meet the 5 years requirment for settle down (ILR)by the end of Oct 2022.
My question is what if I got preganent and give birth to baby before getting the ILR?
I would imagine if I have to give Birth, it would affect my annyal income.
According to the .gov website, my job has to pay me a going rate as it is more than 27,000 a year.
In the going rate table, they also included the hour rate. I am not sure if I can use hourly rate in this case.
Do you think I would have a problem of provide evidence to show my salary because of the maternety leave?
You can be off work on maternity leave and it shouldn’t affect the outcome of your application, but it would be better if you are legally represented to make sure that this is explained and supported by adequate evidence.
Im on a tier 2 visa, NHS employed, meant to have IHS exemption. I have a child 2 months old, I understand that if I do not mean to leave the country, I can apply for child’s UK passport when I have ILR , is the child currently also IHS exempt and no urgent need for a BRP ? Thanks
I don’t think the child is exempt from the Immigration Health Surcharge unless the child holds a dependent’s visa. If you choose not to apply for the visa and wait until your child can be registered as a British citizen, you would be advised to have a private health insurance for the child. Otherwise, you may be asked to pay for the NHS even though you and your dependants are exempt.
Hope you are good..
my name is kiran,i was in tier 2 visa my baby was born in june 2020 in uk so we was recently travelled to India and we applied for an indian passport and i was coming back to uk and applied for ILR and my application has been successful so if i won’t bring my son back to UK can i apply for citizenship directly because he was born here I got ILR could you please help on this query
Hi Kiran, indeed you can now register your son as a British citizen. We will be happy to help with the registration.
Hi helena.. i just want to confirm that if both parents are permanent resident in uk but baby born in india then how they bring their child in uk … i mean which visa they apply for their baby
You will need to apply for indefinite leave to enter for the child. Let us know if you need help with the application.
Hi Helena, our baby will be born in the UK in July. We have Tier 2 visas and currently in the UK for 2 years. We need these visas to be extended next year March however we intend to travel home later this year to South Africa. Is it possible to apply for a tier 2 dependent visa for the baby without a passport? As we would need to obtain the passport in South Africa but worried about the return as need the visa to renter.
Yes, you can apply for a BRP document without a passport but you will still need a passport to travel.
Hi, I am on Tier 2 General visa- skilled worker and have my husband on Tier 2 dependent visa till Jun 2022. We have a baby boy born in Feb 2021 in the UK. I understand that I need to apply for his dependent visa (if I want to travel outside the UK) which will only be granted till Jun 2022. My questions are:
1. Since we are already applying for his dependent visa now, would he still be eligible for his British citizenship when we apply for our ILR in 2022?
2. Do I need to pay for full UK Skilled Worker Dependent visa fee for him now or is there a different fee structure for babies?
Yes, your child will be eligible to apply for registration as a British citizen when you get ILR but he shouldn’t overstay his visa, so you may have to apply for his ILR at the same time as both parents. The visa fees are the same for all but the Immigration Health Charge is lower for children.
I am on a 10 year settlement route and was granted my first 2.5 years last year in February. I now have a daughter 3 months old and i was wondering if i need to get her a visa too or she can wait until i have a settled status then apply to get her registered as British?.The father doesn’t have settled status either so its not an option
Hi , I am a doctor in the NHS, i ve just had a child born here in the UK, i was asking how to get a BRP FOR MY CHILD, i am tier 2 visa. and had 2 years in the UK.
i cannot wait to get her a passport now, and we are looking to travel back home and come back again but worried about her situation.
Is there any benefits on the long run (work and university applications in U.K) for a child has not been registered another nationality before his UK citizenship application?
Example my baby was born December in UK and I’m eligible for ILR on September, we do have travel plans means I may need to apply for VISA for baby
What I’m in doubt of, will it be in his favor to be registered 1st nationality as British? or actually it won’t matter and he will be registered as parent nationality regardless he has a VISA or not?
Me, my partner and a son are living in Uk since last 10 years. We want to apply for 10 year (LR) visa. I have a daughter born in UK who is years old now but we never applied for her Indian passport or any leave to remain in UK as dependant. My question is can we apply for ILR without her having any legal status. and how and what category can we apply for her citizenship or visa please.
Hi Sonia, yes you can apply for ILR without including your daughter in the application. Once you have ILR you can register your daughter as a British citizen.
Yes, you can apply for ILR without adding your daughter to the application. Once your ILR application is approved you can register your daughter as a British citizen. Let us know if you need help with either application.
Hi Helen, my brother’s son was born in the UK but is living abroad(Ghana). He wants me to get the boy a visa/entry clearance to get back to the UK so he can apply for leave to to remai for his son. Which visa is the right one to get here in the UK , and do I get you when the child comes so guys can help us get his documentation sorted.
Hi Wantu, our advice would depend on the immigration status of the child’s parents at the time of the child’s birth and now. It would be best for your brother to book a 15 minute consultation to discuss this and map out the best way forward.
Hi Helena, I am on ILR visa since February 2018. We are expecting our baby soon, just wanted to know if my new born will require visa to stay in UK. I am planning to go back permanently to India in next couple of years. I wanted to register my new born to be Indian citizen. So which visa I have to apply for my new born after his is registered as Indian citizen to stay for next couple of years.
This is great information. My wife has ancestral visa, our kids were born in the uk and I have dependant visa. My wife can get Irish passport. Could our kids be registered as citizens once she has? And would my visa be disrupted?
Hi Ryan, yes, your children can be registered as British citizens but your visa may be more problematic. It will not be curtailed but you need to plan ahead for indefinite leave to remain and there may be issues at that stage. I would recommend that you book half an hour appointment to discuss it. You can email us to email@example.com and let us know what day and time would suit you best.
Hi please my son have ilr in Feb 2017 but me & my wife have discretionary leave we just apply for ilr oct 2020 we didn’t get our ilr yet can my son register him as british citizen he didn’t born in uk thanks
Hi Helena, thank you for all of the sound advice on here for anxious parents.
My question is: My partner and I have just applied for ILR after living in the UK for 5 years under an Ancestry Visa. We are due a baby late January, and my question is what happens to NHS entitlements for the baby? We will likely not have had a response from UKVI before the three months after birth is complete, so would we be liable for any potential medical issues between the three months after birth and the (assumed) granting of our ILR when we can register the baby as a UK Citizen?
We had planned to pay for Super Priority to avoid any complications but obviously could not as the service was/is suspended due to COVID.
After three months the baby’s entitlement to the NHS treatment (other than GP and primary care) will be questionable but private medical insurance would probably be a cheaper option than an application for indefinite leave to remain.
My Mother has IRL which she has had since 1988, she gave birth abroad in 2012 to my sister. I want my sister to joins us in the UK, my mum has had to stay in the Philippines to care for my sister as we do not have any family there but has maintained her IRL status. I have done lots of research but it is very confusing. What would be the best route to go down?
Thanks for your advice. My wife and I are her on Ancestry visas. We have a 2 year old girl, but we’re unaware of any need to have her added as a dependent, as gov website is vague and says nothing about child’s entitlement to NHS. Due to covid 19 related financial difficulties, we can’t afford an additional ihs. Is our girl still entitle to free general gp services? And are we fine to not add her as a dependent and just register her when we settle?
Your daughter is entitled to GP care – see https://www.gov.uk/guidance/nhs-entitlements-migrant-health-guide
You can apply for a private medical insurance for her for specialist care.
Yes, you can register her when you get ILR but note she won’t be able to travel until she gets her British passport.
Hi. I have baby born after i got my permit residence me and my family last january and the baby was born on may . I just want ask what do i need to apply for him for leave to remain or how to add him as dependant. I really appreciate your help . Thanks
Me and my wife are entitled to ILR in September 2021 under tier-1. We have a child who was born in the UK 2017 and he has a dependent visa expires Jan 2022. Do I have to apply for ILR for him before applying for his citizenship? What if our ILR got delayed and his visa became expired?
Hi Waleed, no you don’t need to apply for the child’s ILR before applying for citizenship but it is important that your child doesn’t become an overstayer. This is something your legal representatives would attend to. If you wish to instruct us, it will be best if you send us an email in August and we will agree on the best course of action.
Hi Waleed, we can work out a strategy to deal with this if we are instructed as your representatives. It will be best to instruct us a couple of months in advance of applying for ILR.
Hi, My wife and I are in the midst of applying for our ILR, both on Tier 2 Visas. We had a child in the UK and have not left since we had her. Does she need to be claimed as a dependent on ILR application therefore getting ILR herself? Can she be left off the application and apply for citizenship after we receive our ILR?
Same question here, nobody answered to this ?
Does baby need to apply first ILR or with the same application can apply for citizenship ? (whether on PBS dependant visa or only with birth certificate) who was born in the UK ?
seems easy question, difficult to answer
* parents under tier 2 general visa (wife is dependant) living in the UK for 5 years
* child is tier 2 dependant with BRP born in the UK
* child was born on the UK, doesn’t have any BRP ,just birth certificate
after years, what is the shortest and cheapest way to apply for ILR and for kids citizenship ?
If the child was born in the UK, has never travelled outside the UK and you haven’t made an application for the child’s leave to remain, you can make an application for the child’s registration as a British citizen as soon as one of the parents is granted ILR. You don’t have to apply for the child’s ILR.
If the child has leave to remain in line with the parents it would have an expiry date and it is important that the child doesn’t become an overstayer. In other words, the child should have either a valid visa or an application for extension of stay or indefinite leave to remain. An application for citizenship does not extend leave to remain. You may choose to apply for indefinite leave to remain to be on the safe side or seek legal advice. It would be impossible to advise on the best course of action in the format of this forum.
My husband and I are Tier 2 migrants, eligible for ILR application in August. Our son who wasn’t born in the UK is our dependent.
1. Do we have to apply for ILR for him? Or can he be registered British when we are settled at the discretion of the Secretary of State?
2. If yes, how soon after our settlement could he be registered? His leave would expire June 2021.
Hi Chezan, it is generally expected that the child should be settled at the time of applying for citizenship. However, the answer really depends on the child’s age and if the child would be prejudiced if the application is delayed. It would be best if you could give us a call and we can discuss it briefly before suggesting the best course of action. In any event, please remember that you shouldn’t make the child an overstayer. You may apply for his registration after you and your husband have been granted ILR, but if he is not registered by the date his visa expired you will need to apply for ILR. I hope this is helpful.
Hi , me and husband here in uk for 9 years , first tier4 and then tier 2,. Now going to apply for ILR in May . We have daughter 10 yrs old born outside the uk but still with us in uk since 2011, on a PBS dependent visa . My question is , As we are both going to apply for ILR , does she need to apply for ILR as well or not ? Or she just needs to register for citizenship after our ILR status ?
Hi Lab, you will have to apply for ILR for your daughter before she can be registered as a British citizen. Her registration will be at the discretion of the Secretary of State and it will be expected that she would be settled at the time of the application and at least one of the parents will be applying for citizenship at the same time. The latter is not a strict requirement, but ILR is.
I have a question during this pandemic. My husband and I are current tier 2 visa holders and American citizens. We had a baby in December 2019 in the UK. Earlier this month I flew with her to the states to see my dying grandmother, with the intention of obtaining her tier 2 dependent add on here before flying back to the UK. With the coronavirus pandemic, biometric services here in America have stopped, and my baby and I just want to get back home to my husband before travel ceases. Do I have any options? Or am I stuck? Since she isnt yet four months old, could a temporary tourist entry be allowed until the visa services can be obtained in the UK? I am quite scared to be stuck in a country that I am a citizen of, but have no home in. I would appreciate any advice as this has been a very upsetting couple of weeks and I am desperately seeking any help possible. Thank you in advance.
Hello.. I’m living in uk from last 9 months my father applied my visa and now I have 2 months old baby I’m planning to go to pakistan.i applied for my daughter 5 year residency card and biometric is din.can I travel to Pakistan before residency card came?
You are doing such a great job here with offering very sound and professional advise. I’d be very happy to arrange a consultation with you when I need one (as I think I might).
However, I’d like you to please advise me on this. My 2 kids (7yrs and 9yrs) have been on the same tier 2 visa with me, albeit as dependents for 3 years now, as they joined me in the UK later from my first leave to remain (2015). I am due to apply for ILR by Dec 2020 at which time their dependant visas would also expire. Can I apply for the ILR at the same time, for both of them even when they have not met the 5-year continuous residence as myself (if this even applies?). Or would I have to extend their visas in another category?
I suppose the question really is – Does the 5-year continuous residence rule apply to kids as well, even when one of the parents has been granted an ILR already?
(N/B: My spouse who is also on the same visa, would have to apply for an extension as she has not met the 5-year residence yet).
Hi Pol, your kids will qualify for ILR at the same time as your wife. Unfortunately, you still have to extend their visas.
Many thanks, Helena. I thought that might be the case.
I’ve also been wondering if the new requirement, which specifies that all absences in a previous LTR granted prior to 11th Jan. 2018 rule change for PBS dependants, should not be considered in calculating the continuous period, effectively credits all that time to the PBS dependant applicant? My spouse might be lucky if that was the case.
Require some advice, my husband is in the UK from 2012 on Portuguese passport, I joined him in the UK in 2017 as a dependent, our baby was born in October 2018, we are trying to apply for her British passport but there is a two month time frame( in the 5 years before her birth) where in my husband was not working, he was in the country but not working as he was sick, so is it still possible that our baby will be granted the passport?
If not and if I have to apply for her Indian passport will I have to apply for her Uk visa
My husband has recently received his settled status.
Thanks you in advance for your help
Hi Priya, the two months’ break in employment should not make any difference. Your husband may choose to make an application for permanent residence as this will be the document confirming that date he became settled and your daughter’s citizenship by birth. Let me know if you need help with the application.
We are Indian parents on tier2 visa living in UK for approx 1 year and are expecting a child in Oct 2020. However, our visa expires in Dec2020. Currently I am negotiating a longer extention from my employer.
So which option is better for us to secure visa for all after 2020.
1) we give birth in UK and apply for a fresh visa for all in say Nov.
2) my wife goes back to India to give birth (due to better family support) and applies for a fresh Tier2 dependant visa for her and child in India.
We prefer 2nd option but are unsure if we need indian passport for child and can a PBS dependants remain outside UK for long.
I am on Tier 2 General visa and applying for my ILR in 1st week of March in 1 day service. My daughter was born in UK and has got her BRP which is valid until 28 March 2020.
Do I need to apply an ILR for her with my application or can apply for her British citizenship right after my ILR before her BRP expires.
Thanks in advance
My daughter was born in UK and from last 4 years she is residing in India. I have leave under LOTR granted with Recourse to funds and getting ILR in July’20. How can I bring her to UK? Also if you throw some light on adequate financial requirement for a sponsor. I am in receipt of Carer Allowance. Will appreciate response from your end.
I don’t think that the financial requirement will be a problem if you are in receipt of carer’s allowance. However, there may be issues around sole responsibility for the child. You definitely need a consultation to discuss this in more detail.
I am a British citizen currently living in Canada. My son was born in Canada but has a brutish and Canadian passport. My wife (who is Canadian) and I are looking to relocate back to the uk next year. Does my son need a visa or to be included as a dependant on my wife’s spouse visa application?
Thanks in advance
Your son can travel to the UK on a British passport. As a British citizen, he does not need a visa to the UK and cannot really have one. He can only enter the UK on a British passport or, in exceptional circumstances, on an emergency travel document. So if you are planning to travel, do apply for the child’s British passport in advance.
Your wife, on the other hand, will need a spouse visa to travel to the UK and this is something we will be happy to help with.
My son was born in the UK in 2013, during which period I was in a PSW. Then I switched back to tier 4 visa. To be able to give time for my studies I send my 17 months old son to my home country to stay with his grandparents. Then in 2016 me and my husband went back to our home country. Now my query is, will my son be able to claim a right to citizenship on the basis of his birth place once he is 18 years old or earlier?
No, unfortunately, not. It is only possible to apply for British citizenship in this scenario if your child lived the UK for the first ten years of his or her life.
I have a tier 2 visa and my baby was born in UK. Do I need to prove that I have personal savings (£630 available in my bank account for the last 90 days) for my baby when applying for his visa?
Hi Juliana, thank you for your question. Apologies, I didn’t see it before. You probably have worked out the answer by now.
Anyway, you don’t need to show maintenance funds if your sponsor had certified your maintenance when you applied for your Tier 2 visa. Also, if the sponsor gives you a letter certifying maintenance for the baby you will not need to prove the availability of funds.
Hi. I am on tier 2 general dependant visa and also due for ILR next yr. My husband and son are both my dependants. I gave birth (2nd child) January 2018 and have not applied for visa for my daughter as i was told it was ok as long as she does not leave the country. I read about NHS entitlement in one of the comments (up to 3 mos only). I did not know anything about this. Should i pay for IHS? Because i was planning to wait til i get my ILR before i apply her to become citizen. She will be 2 yrs old by then. Hoping you can clarify some information for me.
I and my wife have ILR and my daughter got the Certificate of registration as British Citizen. We all have valid Indian Passports. Do I have to get British Passport for my daughter before travelling to India OR will she be allowed to enter UK with her Certificate of Registration of British Citizen?
Yes, a British citizen should have a British passport to enter the UK. This is a general rule and applies to children and adults.
Hi my baby born in uk I am Romanian citizen I want to go back in Romania can I need UK Visa thanks
My boy born in uk me and my wife have a 5 year resident permit in this country and my self have leave to remain on this country do my child need a resident permit or what I need to do
I am a 26 year old PhD student on a tier 4 student visa. I was born in middlesbrough and lived here with my parents till I was 2 years old after which we returned to Nigeria. At the time of my birth, my parents were on work visa and did not have settled status. I moved back here in 2014 for a masters on a similar tier 4 visa. Currently, my mother has moved back to the UK and has been working on a tier 2 visa. Will I be eligible to apply for stay here once my mum gets her ILR? Its quite a peculiar situation. I need your help!
I have leave to remain and I have applied my son’s LR on 21/06 as we plan to travel abroad. How can I upgrade the standard service in to premium (Priority) service.
I have a 4 years child born in uk but living outside Uk, her dad has ILR living in Uk. what should i do to take her back to uk. she just has Turist visa right now.
Can a uk born child travel outside country when his tier 2 dependant application is in progress? Can a parent collect his brp and join the child before returning back to UK?
I was on tier4, when my two kids were born in UK. Now, I am on tier2 and about to extend my tier2. Do my kids need visa or is it ok to wait till I get ILR and apply for them at the same time?
Hi me and my wife was under visit visa. however, my delivered our baby and planning to go back to home country which is Philippines. is there any consequences that we may face before leaving the UK? her visa will be due next month 06/06/2019. and we apply for our baby the philippine passport which we will receive in due course time. in addition to this i left already the UK and only my wife and my baby are now staying in the UK. is it possible that they may face consequences or are they able to apply for another visa or extension visa? kindly seeking for your answer and opinion
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
We are on tier 2 visa and have a new born baby. She born premature and is under critical care and life support. We want to apply for tier 2 dependent for our baby so than she can continue her nhs treatment after 3 month. My issue is we can’t take her to biometrics as she still in hospital. We have registered her birth.
I am Tunisian and I studied in UK for 6 years, I have a certificate of registration book and leave to remain (without indefinite) when my son was born, in UK, is that lets my son British citizen?
I am on a Tier 2 visa I understand that we need to apply visa for him so we can pay for his IHS however do I need a passport to apply for his visa?
My husband is an EEA national living and working in the UK. I am a Canadian citizen here as a family member of an EEA national. We recently had a child in the UK and would like to take him to Canada to visit family urgently. Our son has a Canadian passport but does not have a residence permit for the UK yet. To re-enter the UK from Canada would we need to apply for a family permit whilst in Canada (as we don’t have enough time to get him a residence card before we need to travel)? Or will we be ok re-entering as we’d be re-entering together as a family with his birth certificate, my husband’s European passport and my BRP card?
I would appreciate if you can advise on this case:
I am in Tier 2 visa (shortage occupation) in the UK. Our baby was born last year, but we could not get a passport for the baby, and are traveling back to our country to get a proper passport and visa for the baby. We are traveling back to the home country with an interim travel document we got from our consulate.
Now, I want to fill in the application form on visas-immigration.service.gov.uk and it asks for “Passport number or travel document reference number” under the “Passport Details” section.
Obviously, we do not have a valid passport now, thus all I can do is to put the travel document number, but for visa application, we will give the proper passport. I wonder if it is fine to put the “travel document number” to the application or wait for the passport and put that one? The problem with the latter is, I will lose time to get an appointment after we have a ready passport, and want to get the appointment in advance.
Just a quick question i am living and working in Bulgaria and i have residency here.
My girl friend she is living with ILR in UK and she is pregnant now.
What kind of visa i need to apply to go UK and help her as she is alone?
Also please advise can i get there in UK residency to live and work on child birth?
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?
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!
Thank you for your reply and the clarification.
I am on tier 2 visa and my wife is on tier 2 dependent. We have a daughter and have not applied visa for her yet. My wife want to travel with daughter soon backhome. If we don’t apply from UK and apply entery clearance from Pakistan, while my daughter need to re enter UK , Is this valid way.
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.
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!
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?
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.
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.
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?
Hi Judee, yes your child is eligible to be registered as a British citizen. Let us know if you need help with the application.
Hello, thank you for your time to read this in advance.
I have a plan to apply for my tier 2 extension soon, and want to add up my second daughter who was born in the UK. if you know the visa application system, could you answer this question? Should I put her information in the new cos for extension and add her info while I am applying extension online? or Should I just submit the extension application first without her information and then applying for her PBS dependant Child visa? if the second case is the one that I have to follow, then what docs do I need to provide? Not cos right?
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.
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 firstname.lastname@example.org or call us on 020 8930 9503.
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.
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 ?
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?
No, unfortunately, you should sort out the visa before entering the UK. A visitor stamp will not be an option.
Hi. Can you tell me the application procedure? was it online or by post?
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.
I was wondering how many times and for how long a Tier 2 Dependant visa can be extended, if for instance, the dependant spouse has not met the minimum number of years required to qualify for the ILR, even though his/her partner has (essentially, the main applicant has the ILR, but the spouse has not stayed that long to qualify).
Also, would the same (answer to the above) apply for dependant children?
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?
Yes, that makes sense.
My kid has born in UK in Oct 2018. I need to apply for Tier 2 dependent visa for her.
I have got the UK birth certificate from the local council.
Does my kid born in UK have to have passport to apply for the visa within UK? or
Can I apply for her visa based on UK birth certificate without passport ?
Could you please advise.
My daughter has born in UK in October 2018. I am planning to apply for her tier 2 general dependent visa. I am Tier 2 general applicant and my wife is tier 2 dependent.
I have got my daughter’s UK birth certificate.
Is it mandatory to have child’s passport to apply for a dependent visa for the child born in UK ? Is it possible to apply for visa based on UK birth certificate ?
Can you please advise ?
Hi, we are not EU citizens but my 7 year old child got an acceptance and visa sponsorship to one of the private schools in the UK. As a parent I was told I can apply for a parent of a child student visa (Tire 4). However, I’m currently pregnant and we travel to the UK I will be giving birth there. My husband will have to remain at our home country because of his job but will be coming for visits. My question is:-
– when the baby is born how can I register the child and under what type of visa?
– am I entitled to Free NHS healthcare or do I have to pay for child birth?
– what documents do I need to register my child given that at the time of birth we still don’t know if my husband will be able to attend or attend later on?
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.
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 email@example.com with your contact details and we will get in touch.
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?
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.
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
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.
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?
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.
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?
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?
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.
I lm tunisian got my visa and i live in the uk since 2014 does my child need visa to travel ?
The information you have provided was very helpful. However, do you know what application form to fill for the uk born child’s visa application? Can the parents apply for the apply the child together when they apply for extension of leave to remain? How about if the parents have just extended their visa? What form should the child use? It was not provided in the UKVI website. Your response is highly appreciated.