Tier 2 dependant visa for newborn in UK

vinny wrote:Probably simplest for child not to travel until granted British citizenship.

sushdmehta wrote:

vinny wrote:Probably simplest for child not to travel until granted British citizenship.

vinny, any affect because of IHS on a child born in UK with no leave? Will the child be eligible to use NHS services?

Children born in the UK to those here lawfully for more than six months wrote: If you give birth to a child in the UK, then your child will be entitled to free NHS hospital treatment in England on the same basis as someone who is ordinarily resident. Your child is covered until three months of age, but only if he/she hasn't left the UK during that period. You'll also need to meet one of the below criteria:
you have a valid visa of more than 6 months and paid the surcharge for that visa
you have a valid visa for more than 6 months, but were exempt from paying the surcharge
you have a valid visa for more than 6 months, which you applied for prior to April 6 2015
You should apply for a visa for your child during the three-month period after your child's birth. If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the three-month period.

(3) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a child who—

• (a) is born in the United Kingdom to a parent who is exempt from charges by virtue of—
  
  • (i) regulation 10 (immigration health charge); or
  • (ii) regulation 11 (overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge);
• (b) is aged 3 months or less; and
• (c) has not left the United Kingdom since birth.

“overseas visitor” means a person not ordinarily resident in the United KingdomF5;

The meaning of ordinary residence in section 175 of the 2006 Act was amended by section 39 (related provision: charges for health services) of the Immigration Act 2014 (c. 22) which has not yet come into force.

Related provision: charges for health services

• (1) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern Ireland includes (without prejudice to the generality of that reference) a reference to—
  
  • (a) persons who require leave to enter or remain in the United Kingdom but do not have it, and
  • (b) persons who have leave to enter or remain in the United Kingdom for a limited period.
• (2) The “NHS charging provisions” are—
  • (a) section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);
  • (b) section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);
  • (c) section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain);
  • (d) Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

Commencement Information
I1
S. 39 in force at 6.4.2015 by S.I. 2015/874, art. 2(a)

This section tells you how a parent’s residence impact on where a child is considered to be ordinarily resident.

As a general rules you should consider that a child under the age of 16 shares the same place of ordinary residence as their parents. This was held to be the position in Re P(GE) (an infant) [1964] 3 All ER 977 even though the child in question was away at boarding school and later taken abroad by one of the parents without the consent of the other. In Telles (2695) the Immigration Appeal Tribunal held that a child did not cease to be ordinarily resident in the UK as long as their parents continued, despite temporary absences, to be ordinarily resident here.

The ordinary residence of older children, those whose parents are living apart and those who have been left in the care of other relatives may be more difficult to determine. If the child’s age and means are such that they are capable of deciding for themselves where to live, their place of ordinary residence will be a separate consideration from their parents. Where a parent is no longer living with their child on a permanent basis you will still need to consider if there is sufficient contact for them to be considered as part of the same household. In such cases it is more likely that the child will be ordinarily resident with the parent who is responsible for their day-to- day care.