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.
If you make an application for the child’s permission to stay, the child’s visa will have the same expiry date as yours. If you don’t extend the visa or apply for the child’s indefinite leave to remain, the child will become an overstayer and this will be in breach of the immigration laws.
Although you have the right to register a child born in the UK as a British citizen as soon as one of the parents becomes settled, the nationality department is likely to question the child’s immigration status if the child’s visa has expired. But not if the child never had a visa. So this is one of the factors to weigh in when making a decision whether to apply for the child’s visa or not.
If your entitled for ILR is much earlier than the expiry date of your visa, it will be safe to apply for the child’s citizenship without applying for a visa extension or ILR. But if the child’s visa expires while the application for registration is pending, technically the registration application does not extend the child’s visa and overstaying may be an issue.
Another technical detail that may have a bearing on your travel arrangements is that a British citizen needs a British passport to enter the UK. If you are planning to travel urgently, an application for a British passport may cause a delay to your plans. Once the child is registered as a British citizen, you will have to make an application for the child’s British passport. It is a completely separate application and may take a few weeks before the passport is issued. You can leave the UK without the passport (if you have another passport valid for travel), but ironically you cannot travel to the UK on a foreign passport if you are a British citizen. It is not impossible that a kind immigration officer will not be too strict – but you will be trying you luck.
If you need help with the child’s immigration status, book an express consultation with one of our lawyers and we will be happy to advise you.
232 responses
Hello Helena,
This is Gami from India. I have been on skilled worker visa for 3 years now and will qualify for ILR after 2 years. My child was born in the UK and is about 3 years old. We never applied for her Indian passport or BRP, and decided that she will travel out of the UK after we have received my settled status in the UK.
In the past 3 years, my child has received NHS treatment numerous times in the local GP as well as Hospitals in Scotland.
My question is, since she has been receiving NHS treatment so will this affect our ILR or my daughters citizenship application after 2 years?
Hello Helena,
I’m in the UK on an ancestry visa and i do not yet have an ILR however my baby is due to be born in July. What visa would i have to apply for him and if you could point me to the right application, I’ll be elated.
I assume that your partner is not British or settled in the UK, so if your partner is in your dependent category, you should apply for the same for the child; both the child and your partner will be entitled to ILR at the same time as you. Here is the link to make the application: https://visas-immigration.service.gov.uk/product/flr-ir
Hi,am on skilled worker visa, my wife and daughter are here with me,my wife gave birth to a baby boy November, 2022 and I have not applied for my country international passport for him and am not planning to take him out of United Kingdom Until I get my ILR.my question is that will he will be affected with the new UK policy or not?Thanks
Hi Helena,
Thank you for the shared information.
I saw somewhere in the past that if the child is born in the UK, while one of the parents has a skilled worker or global talent visa, the child does not need to apply for a dependant visa unless they will travel abroad and re-enter the UK with the child. This is the same that you highlighted in the post.
My question is, can that child who was born in the UK during the parent Tier 1/Tier 2 visa period (before being granted ILR) later register/apply for citizenship if one of the parents is granted ILR? Or need to wait until one of the parents is granted citizenship?
Yes, it doesn’t matter what visa the parent had before they were granted ILR.
Hello
Could you help.me please.
I came into the UK in 2018 and have now received my ILR. My children came in 2019. While on the health and care visa, I switched my employee in the 4th year but did not yet apply for update of visa for my kids as their visa from my previous COS with initial employer was valid till end of 2024. My kids will be eligible for ILR application by July 2024, do.I.need to apply for visa update for them to reflect the COs of the new employer I was with when i applied and got my ILR?. I’ve only received ILR about a month ago. Please, kindly advise me if I need to do their visa update to the most recent COs prior to their ILR application.
Thank you.
You don’t need to change the visa for the children. There is no requirement for the children to spend 5 years in the UK before they can apply for ILR. If you have sole responsibility for them, they qualify at the same time as you. If there is another parent, they qualify for ILR when the other parent qualifies.
Hi Helena,
I am in the UK with a skilled worker visa now, My newborn child is 1 month old. Should I show any financial evidence while applying visa for him?
Yes you do, unless your sponsor certified maintenance for you. If they did, this would cover the whole family and you won’t need to show any financial documents.
Hi Helena,
A very nice article which gives a lot of information. Many thanks for taking time in responding to all the queries I see here.
I have recently got ILR in Nov-2023.
My one year old son has a dependent visa which is due to expire on 15-Jan-2024.
I have submitted an application to register him for British citizenship on 9-Jan-2024.
But I am getting biometric appointment only after the visa expiry date (15-Jan-2024) .
Will this be a problem? Will he be considered as an overstayer even though the application was submitted before visa expiry?
Should I apply for his visa extension first to avoid being an overstayer and after that apply for British citizenship, ofcourse after somehow cancelling the already submitted one?
Your timely advice would be of great help. Thank you in advance
Best Regards,
Anand
Yes, the child will be an overstayer if the visa expires while an application for British citizenship is under consideration. Strictly speaking you should apply for the visa extension.
Hi Helena,
Please I have a son born in the UK since 2016, I made him the first visa and this visa is expiring now, and we are considering to leave him since he will be 8years this year, is there a problem when we want to apply for his ILR?
You can apply for your son’s ILR even if his visa has expired because he was born in the UK and has lived in the UK for the first seven years of his life. He will qualify to be registered as a British citizen when he turns 10 or when one of the parents becomes settled.
Hi Helena,
I am in the U.K. on health and care worker visa. I’m expecting my first child in U.K. in April 2024. My child’s father is a Canadian citizen and we want to apply for a Canadian passport for our baby at birth- Canadian citizenship and passport processing time is 9 months. Until the baby gets a passport, I believe I can’t apply for a dependent visa. Is there any leeway around this situation?
You don’t have to wait for the passport to apply for the child’s dependent status in the UK
Hello Helena,
My son was born in UK and we have applied for his BRP. We have got the decision mail from Home Office saying it is successful as well. But still we didn’t get the BRP card even after 15 days. Can we travel abroad and show the mail from Home office on the BRP decision while re-entering UK at the airport immigration? Many thanks in advance.
You will need the BRP and the child’s for the child to travel back to the UK
Hello,
My child’s 1st birthday will be on the 25th of November 2023,he is born to tier 2 visa holders.He has not been ill tp receive any NHS care after 3 months .We want to apply for a visa now for him, will he be considered an over stayer if the visa is applied for after he is one year old ?
No, your child is not an overstayer if you didn’t apply for the visa. However, once you get a visa you should not allow it to expire without extending it, because this will be considered overstaying.
Hi my name is jijy joy and I am working as a senior care assistant in UK and I am on a health and care visa. Recently I delivered two babies and I was wondering what should I be doing next regarding immigration rules.
I have two questions in mind:
1. If I wish to leave my kids with my parents back in India do I need to apply for a dependant visa for them in advance or can i take them without applying for a visa on a indian passport .
2. If I want to bring them to UK in future what all steps do I need to take.
3. If I happen to apply dependant visa for my babies and then decide to send them to india with my parents, in that case how long can they stay outside the country in one strech?
Thank you, I shall wait for the response.
Regards
Jijy
You don’t need a visa to take the children out of the country but you will need a visa to bring them back. The time they spend abroad will not affect their entitlement to ILR or British citizenship.
my son born her and i have visa postgraduate visa and after i will change it to skilled worked visa
can my son apply for leave to remain
yes
Hi Helena,
My newborn’s visa application is currently open. We had applied for the priority one and had the biometrics done on October 28, 2023. Considering my wife is scheduled to travel with the newborn next week, I was concerned if we would receive the visa and BRP by then. Is the BRP required at the airport at the time of exiting or only for re-entry?
I’ll be travelling as well – However, this is 2 weeks after my wife. Hence, giving sufficient time to be able to receive the BRP at my end which can be used for the baby to re-enter.
Kindly request to clarify/confirm on this.
BRP is not required when you leave the UK, only for travelling back. You can receive the BRP for your child and take it with you.
Hi, we are currently living/ working in the uk under health and care worker visa, husband is the main applicant and wife and son are dependant.
We are expecting a baby boy in february 2024 , and i have to extend my health and care worker visa in june, my question is would it be possible to include the baby when we apply our extension visa or should we apply his dependant visa after we receive our visa.
You can add the child to your extension application, but you won’t be able to use the NHS for the child until he is added to your visa, even though you are exempt from the IHS as a Health and Care Worker.
Hi Helena, I hold a Tier 2 visa and my child was born in the UK. Can I apply for his BRP with his UK birth certificate? or I have to pay for Visa & IHS before I can get his BRP?
You won’t be able to get a BRP for the child unless you apply for his dependent visa and pay the application fee and IHS if applicable (you won’t have to pay the IHS if the main visa holder is a Health and Care Worker).
Hi Helena,
We had a baby born in UK during November 2021 and got visa done as we had to travel abroad in March 2022. We travelled and came back. Now the visa is expiring, we are in process to renew myself and wife visa. Do i need to renew the baby born in UK Visa or i don’t need to unless i plan to travel abroad? NHS part i know, want to know if done once, it becomes mandatory or not?
Yes, if the child’s visa is expiring you have to renew it – otherwise the child will be an overstayer.
Hi Helena, appreciate your valuable advice on my below query.
I’m on student visa and my one year MSc course just completed. My wife is pregnant and her delivery is due on 20.02.2024 and student visa expires 30.01.2024.
Whats your recommendation on above situation and how to remain in UK till get PR?
You can apply for the Graduate visa if you have successfully completed your course and have not had a Post-Study Work visa before. The birth of a child in the UK does not automatically lead to permanent residence, but the child will be entitled to register as a British citizen after 10 years of continuous residence or as soon as you get ILR. For example, if you switch to a skilled worker visa you will be entitled to ILR after five years of continuous residence in this immigration category and your child will be entitled to become a British citizen as soon as your ILR application is approved.
Hi Helena
My husband and I are currently on a skilled worker visa and have a baby girl born in the UK. My husband is already eligible for ILR and will make his application by October, however, we plan to travel in December for a family function. Since the naturalisation and application for a British passport will take a while to process, can we proceed to apply for a dependent visa for our child to grant her entry into the UK when we travel? Hope it will not affect her naturalisation process.
Yes, you can apply for a dependent visa from outside the UK. If you need help with the application, please email info@kadmos.org.uk.
Hello my child was born in d uk 🇬🇧 but have not apply for her visa and I have an emergency 🚨 to travel to my country can I apply for her return over there
hi helena,i am holding a skilled worker visa of three years from 2022to till 2024. i was born a baby in june 2023.we both of couple (parents)have a indian passport.so can you give me advice we can apply a british passport or british citizenship for baby because he was born in uk. if we are not eligle to apply a british passport or citizenship .so we need to apply indian passport or visa for baby . if we are travelling to india in next few months so which documents are complulsory for my child .last question ,if we will making indian passport for baby we can get a british passport for baby. if we will go to india so its will be put effect on time period of 7 years of applying a british passport .Time will start from birth or when will child come back from india
Your baby will be entitled to be registered as a British citizen when you get ILR. Until then, you can only apply for a dependent visa for the baby. You will need to apply for an Indian passport to travel.
Hello Helena I gave birth to my daughter June 2023 we got a sponsorship 2024 myself and husband and my first daughter already have our brp which will expire 2027,do I need to apply for Brp for my new born to travel abroad? Please I need your advice
Yes, you will need a BRP to return to the UK if you travel abroad 🙂
Hi Helena, I have been working under the Global Talent visa for two years, and want to extend it for one more year to be able to get ILR (as I will be eligible for it on 1st September 2024). I have a daughter who was born recently in the UK and does not want to leave the country before I get ILR. I understand that she doesn’t need a visa to stay here, and that she will get British citizenship once I get my ILR. But what about her IHS? Is it illegal for the child to remain in the UK without paying for IHS, if we wish not to apply for her visa? I do not want to make any mistake to jeopardize her chance of getting citizenship. Thanks
You cannot pay IHS without applying for a visa. It’s not mandatory to apply for a visa if the child was born in the UK, but you cannot use the NHS and have to rely on private medical treatment for her. It is not illegal not to apply for a visa for a child who was born in the UK, but if you apply for a visa and allow this visa to expire without extending it, then your daughter becomes an overstayer and this is against the law.
Note that an application for citizenship does not extend the visa. So if your daughter get a visa that expires at the same time as yours, she will also have to apply for ILR or extension of leave at the same time as you, even though she will be entitled to apply for citizenship as soon as you get ILR.
Thank you so much for this article Helena and your replies.
Does this mean that the moment a visa application is made for a child born in the UK, it must be renewed or extended in line with the parent’s or else it runs the risk of breaking the law, i.e., becoming an illegal immigrant?
Also on the other hand, if a visa application is not made for a child born in the UK, the child can stay in the UK legally until they become a citizen when one of their parents becomes settled?
If I read your meaning correctly, for a child born in the UK, at the time he/she would be eligible for citizenship (when one of the parents receives ‘settled’ status), if the child never had a visa they can apply directly for the citizenship, however if they had held a visa, then they would need to apply to extend their visa before eventually applying for citizenship?
Hlw I’m in eu pre settled residency permit in uk and my 1yr old was born in uk what should I do to get visa for her to stay with me in uk
You have to apply for a pre-settled status for your child.
Hi Helena, Greetings and thank you for your post. I am holding a Global talent visa and I will apply for ILR next year. I have a new born babe and I choose not to apply for the child’s visa as we are not planning to leave the UK. My question: My mom would like to visit us in the UK and in the application form a question: What permission do they have to be in the UK? for each person in my family, so I can answer for me, my wife and other kids but what I should select for my new born babe, the options are:
1- They have a temporary visa
2- They are in the UK permanently
3- They do not have a visa and are not in the UK permanently
Give as much information as possible about their status in the UK, including if:
– they are waiting for a decision on a visa
– they are exempt from immigration control
– they are not in the UK legally
Thanks a lot.
Sometimes none of the answers in the dropdown menu are suitable, so you have to explain this in the cover letter.
Hi Helena, Greetings. I am on currently Skilled Worker visa having 3 years residence and this is my 2nd year in UK. My next visa renewal will be in October 2024. We are expecting a child to be born in October 2023 and we are planning to travel outside to UK in Feb 2024.
Kindly clarify the below questions for me if possible –
1. In this case do we need to apply the visa for the child who will be going to born in October 2023.
2. If yes, then what will be the visa expiry date of my child ?
3. Also if we need to apply the visa for that child who is going to born in October 2023 then how much IHS fee we need to pay for the child, will it be one year till the parent visa expired or for the full 3 year IHS fee ?
Thanks a lot in advance
We are very happy to share general information and tips in this blog. If you have a question related to your specific circumstances, please book a consultation using this page https://www.kadmosimmigration.com/our-services/immigration-advice/
Hello Helena, I just want to ask I am currently tier 2 visa holder. I am due to apply my ILR in January 2024. I am giving birth in November 2023. Can I register my baby as British citizen once I get my ILR? 2. I am planning to go back in the Philippines for the rest of my maternity once I get my ILR. Can i apply or register baby’s citizenship in british embassy in the philippines or do i need to that all here in the UK? Thanks very much
Yes, your child is entitled to be registered as a British citizen if born in the UK before you are granted ILR. You can apply for the child’s registration from the Philippines but it may take a while to get the decision and after that you will have to wait for a British passport to be issued which is also a lengthy process. If you will be planning to return to the UK with the child and there is a deadline for you to return to work it may be safer to get an ILR for the child and then apply for registration. This way you will not have any difficulties or delays returning to the UK.
Thanks, Helena for the great post. The information provided is very clear. Just to clarify, if I understood correctly, I have this simple question.
Me and my wife are from Asia. I was in Skilled worker visa, When my child was born. Currently, I am in Start-up visa and going to switch to Global Talent visa soon. My child is 2+ now and since I have frequently switched visa so did not apply for my child’s visa as it was going to cost me loads, actually, I still did not apply for her passport yet. She frequently visits GP in Scotland and was never asked to pay any fee. I do not intend to apply for her Asian passport or visa until I receive the settled status after 3 years. I also do not intend to take her out of the UK for the next 3 years. Now, my question is, since she will be in the UK without any visa and paying NHS fees, is it going to affect her application when she will apply for British citizenship after 3 years?
Hello. My child was born in UK. Both of us(his parents are from India). We are here on skilled work Tier 2 visa. We applied for his visa and BRP while in UK. But in December we are going to India and planning to leave the baby with grandparents for atleast a year or 2. Will it cause any problem as he already got his child dependent visa? Is it alright for him to stay outside UK for more than 180 days? And will it affect his application when he wants to come back to UK after 2 years? Will their be any problem?
There is no requirement of continuous residence for the child, so as long as the visa is valid you can bring the child back to the UK. If the visa expires, you will need to apply for entry clearance again. The child will be entitled to apply for ILR with the dependent parent or any time after both parents have been granted ILR and the child’s absences from the UK are irrelevant. The child will also be entitled to register as a British citizen when (at least) one of the parents becomes settled. Registration application can be done in India. But ILR application is only available in the UK.
Many thanks for the detailed response, very helpful. Will the visa application fee and health surcharge be refunded when the application is withdrawn? Should the holding of the submitted application be requested by calling the UKVI after the submission of biometric details/photo or should it be done before?
I was born in Bath city Uk in 18/12/1993 and my brother is also in the same city17/02/1996 we have UK birth certificate we are from Libya. now we are planning to visit UK as a tourist. is it possible to have UK visa by the birth certificate?
Hi Helena,
Thank you for your time to respond us.I just have a one quick question.I am a dependent visa spouse and my husband have a 5 year leave to remain visa(Refugee status).We applied BRP card for our child 2022 but we haven’t get any response from home office , 9 months later home office asked a child photo .Even send the photo we didn’t get any mails from home office.Then they asked us to do the fresh application which is made 17th may .yesterday we contact them about the delay again we got a mail to send a child photo .We are really worrying and this is really confused us why it is happening like this.
Thank you
Hi Kadmos,
Highly appreciate you taking the time to respond to your follower’s comments. I have a quick question, your input on it will help. Is it a mandatory requirement to hold a valid tier 2 dependent visa when the application to register as a British citizen is under process? This is for a child born in the UK whose parent has been approved for the ILR visa. At the time of application, the child’s tier 2 dependent visa was valid but it is likely to expire when the application to register is under process.
If the child was born in the UK and never had a visa you won’t be in breach of any rules (but would not have access to free the NHS for the child after 3 months from birth). If the child had a visa then the expiry will make the child an overstayer. This does not prejudice the child’s right to be registered as a British citizen, at least as the law stands today. But it may potentially have repercussions for the parents. So normally, we recommend making an application for extension of the child’s visa and asking the Home Office to keep it on hold so that it can be withdrawn when the citizenship application is processed. The difference between a citizenship application and an application for extension of stay or ILR, is that application for extension of stay extends the validity of the current visa, but citizenship application doesn’t.
Many thanks for the detailed response, very helpful. Will the visa application fee and health surcharge be refunded when the application is withdrawn? Should the holding of the submitted application be requested by calling the UKVI after the submission of biometric details/photo or should it be done before?
Hi Helena,
May I ask a question, I am on Tier 2 skilled worker visa working as a nurse for the NHS. I gave birth here in the UK 7 months ago, I just applied for my daughter’s visa as a child dependent, I would like to ask if I can travel with her to the Philippines while waiting for her brp? Unfortunately, my mom is dying and was hoping to at least let her see my
daughter.
In principle, if the applicant for permission to stay leaves the country while the application is under consideration with the Home Office, the application is considered withdrawn. This is an old rule, which made sense when you had to submit your passport with the application and request it back if you needed to travel. The rule has not been cancelled, but whether it is applied in practice is not clear. Quite possibly, your application will be processed anyway and you will receive the BRP card in the post. If it is then forwarded to you by post or DHL, you can return to the UK with this card. If it is not, you will need to make the application for the child’s entry clearance before you return to the UK.
Hi Helena ,
We applied child BRP who born in the uk .But it took so long so we applied indian passport instead uk travel document still we haven’t get the BRP.Do we need to show the BRP when re enter the uk or any other documents will help to re enter the uk like birth certificate.
Thank you
You need to apply for permission to stay for the child and the BRP will be issued if the application is successful. You need the BRP and passport to return to the UK and birth certificate does not serve as permission to enter.
Hi Helena ,
Thank you very much for your reply .can I apply that replacement BRP visa to come back from india .
Thank you
Hi Helena,
A friend and his partner are currently on a SW Visa/SW Dependant Visa. They recently have a Baby and are planning on going for a 5-Days Summer trip in Spain this September with the infant. Does the infant need a Passport to apply for Schengen Visa and travel outside of UK?. Or is the UK Birth Cert a sufficient means of ID for the infant?
The baby will need a passport to travel and apply for a Schengen visa and will need a UK visa to come back to the UK.
Just a small question if you can help I am applying for my child dependent visa (PBS, Start-up, Innovator or Global Talent dependant child) and while paying for IHS Family name of main applicant is required but I don’t have Family name in my passport what should I fill “-“?
I am not aware of any rule about this, but I think it’s better to use your first name as a family name than to put a dash. Maybe explain in the cover letter that you only have one name which works both as first name and last name.
Hi Helena,
I am on T2 SW visa about to complete 5 years. My child was born in the UK and currently as a PBS dependent. Will apply for ILR for myself before validity runs out. Can my child live in the UK with an expired PBS dependent visa until I get my ILR, and can they use the NHS service? Will apply for naturalization instead for my child, as soon as I get ILR.
No, it will be in breach of the immigration rules if you let the child’s visa expire. You will need to make the application for ILR for the child in line with your own and then apply for registration of the child as a British citizen.
Thank you Helena, want to clarify that my child is 6 years old.
I could apply directly for naturalization before expiry correct ?(obviously once my ILR is approved).
Or do I have to necessarily apply for child’s ILR along with myself and then Naturalization ?
I cannot give you legal advice in this forum, but if you would like to book an appointment it may be worth a short discussion – you have to make sure that your child does not become an overstayer.
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.
Good afternoon,
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.
Hi Helena,
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,
Ali
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.
Hi Helena,
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.
My question
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?
Thank you.
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
Hi Helena,
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.
Hi Helena,
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.
Hi Helena,
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
Regards
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.
Hi Helena,
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!
hi Helena,
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!
hi helena,
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.
Hi Helena
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.
Hi Helena
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.
Hi Helena,
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?
Many thanks
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.
Hi
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.
Hello Helena
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?
Thank you
Hi Helena
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.
Thanks you
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 info@kadmos.org.uk 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.
Thank you!!
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.
Hi Helena,
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?
Thank you!
Hi Helena,
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
Hello Helena,
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?
Regards
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.
Hello,
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 ?
Regards
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.
Hello,
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?
Hi Helena,
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).
Many thanks!
Pól.
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.
Cheers.
Pól.
Hi Helena,
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.
Hi
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.
Hi,
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
Hi
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.
Hi,
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.
Hello.
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?
Thank you.
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
Hi,
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!
Hi,
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.
Thanks
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.
Hi,
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?
Hi!
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
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
Hi,
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.
Hi
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.
Hi Helena,
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?
Best regards,
Syed
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?
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.
Hi,
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 info@kadmos.org.uk 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 ?
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
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.
Hi,
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?
Many thanks.
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
Yes, that makes sense.
Hi,
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.
Thanks.
Hi,
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.
My question:
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 info@kadmos.org.uk 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.
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
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.
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
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?
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?
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.