Fresh Work Permit holder with pregnant wife

Hello-

I would really appreciate quick advice and future help on my topic.

I am a fresh work permit holder who will be travelling to UK in a week to start work. My wife is currently 33 weeks pregnant. I have a couple of questions:

1. If she delivers baby in UK, would the child get UK citizenship?

2. Is it worth the trouble to bring her along with me?

Thanks in advance for all the advice!

1. No. Automatic citizenship by birth in the UK regardless of parents nationality/ UK status (diplomats always excluded) ended back in 31 Dec 1982.

2. I believe that no airline would allow her to travel this late into the pregnancy. IMHO even were there an airline that did not follow this 'standard policy' it is not worth the medical risk of flying.

Thanks Kayalami for the quick response.

The doctor has cleared her safe for travel since her due date is months away.

The baby does not get citizenship for sure even if the parents are legally allowed to stay in UK on work permit basis?

The doctor has cleared her safe for travel since her due date is months away.

The doctor clearing her and the airline accepting her are 2 different things.

The baby does not get citizenship for sure even if the parents are legally allowed to stay in UK on work permit basis?

I believe my prior response is unambigious and it doesn't matter how many times you ask but I will repeat it again - No.

The British Nationality Act 1981 states that birth in the UK grants automatic citizenship if at least one of the parents of the child has settled status = Indefinite Leave To Remain (Permanent Residence) or British Citizenship. Further where the parent with settled status is the father of the child he must be married to the mother. You may after 5 years of continuous residence in the UK as a WP holder apply for ILR. If such is granted you may after 1 year on ILR apply for naturalisation as a British Citizen. In both applications you should include your child as a dependent and they will be granted the relevant status with you. Alternatively if your child is born in the UK you may apply for his registration as a British Citizen after you are granted ILR. This will save the child 1 year to citizenship. Note that said applications would have to include processing timelines. My comments are based on current immigration/ naturalisation legislation that may change by the time you are eligible.

Sorry it is clearly not the news you wish to hear but understandably the British government like many other countries has had to review the birth on soil citizenship provision in light of modern day realities. If such citizenship is of key concern to you it may be worth relocating to other jurisdictions that allow such.

The doctor has cleared her safe for travel since her due date is months away.

You have said that she is 33 weeks pregnant so that means that she is about 7 weeks away from delivering. Different Stupid have different policies but she is getting awfully close to the time when she will not be allowed to fly. Have a look at this website which you will see says that :-

British Airways is particularly generous. It allows anyone with an uncomplicated single pregnancy to travel up to 36 weeks, and anyone carrying twins (or more) up to 32 weeks. After 28 weeks all pregnant women need a doctor's letter.

You would need to check the website of your expected airline to check their policy.

The baby does not get citizenship for sure even if the parents are legally allowed to stay in UK on work permit basis?

As Kayalami has already correctly said the child will not become British merely because he/she is born in the UK. In fact after either/both parents get ILR in say five years time you will be able to apply to register the child as British. But if the child is born outside the UK then when either parent applies for naturalisation as British in say six years time, it will be possible to add the child to the form and get the child registered as British anyway.

In short, there is little advantage to rushing your wife to the UK, even if you can. The health of your wife and the child is more important IMHO.

Thank you, Kayalami. Thank you, John. Any immigration lawyer on this board? I would like to look into the possibility of applying for HSMP. Please send me a private message. Thanks in advance.